Play of Legalese in Witness Examination: A Forensic Perspective on Courtroom Discourse

Abstract

Courtroom discourse constitutes an integral component of dispensation of justice. This paper explores courtroom discourse in relation questions and responses on the witness stand during the proceedings of criminal cases in the courts of Islamabad, Pakistan. The discourse under study comprises examination-in-chief and cross-examination. The study attempts to highlight the strategic orientation of the courtroom discourse and, for the purpose, has collected and qualitatively analyzed three-tier data: transcripts of the recorded testimony from the District Courts; observations of courtroom proceedings; and open-ended questionnaires from witnesses, lawyers, and judges. Taking insights from Coulthard, Alison and Wright (2017), the analysis is carried out at three levels, i.e., asymmetrical relations between the interlocutors, distinguished audience, and institutional context. Findings show that language of the counsels restricts responses of the witnesses owing to strategic phrasing of the questions, exercise of control through language, and unfavorable environment of the court. This study may be of assistance in training of witnesses to deal with the situation on the stand, may guide forensic linguists about the intricacies of courtroom discourse, and may help ameliorate the deteriorated condition of the justice system in Pakistan.