Research Journal of Social Sciences & Economics Review

Vol. 1, Issue 4, 2020 (October – December)

ISSN 2707-9023 (online), ISSN 2707-9015 (Print) RJSSER
ISSN 2707-9015 (ISSN-L) Research Journal of Social
DOI: https://doi.org/10.36902/rjsser-vol1-iss4-2020(250-256) Sciences & Economics Review
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A Discourse Analysis of the Language Use in Courts During Trials

* Kanza Javed, Assistant Professor / PhD Scholar (Corresponding author)

** Prof. Dr. Mamuna Ghani, Former Dean
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Abstract
It is a common phenomenon that every case that is pursued by the advocate is due to the use of
powerful language and explains, proves, give statements, and enlighten the matter in the most
appropriate way to get the attention of the whole body. Therefore, in present, the era it has become
the hot topic of discussion among legal writers to focus on the effects of variations in the
presentational style of the witnesses during court-trails. Thus, keeping in view the above-mentioned
facts, this study was planned to examine the pros and cons of the language used in courts during trials
in various suburbs of the Punjab, Pakistan. Focusing on the paradigm of research, this study was
quantitative. A total of 150 participants belonging to the law fraternity took part in the study to find
out whether language plays a significant role during court-trails, of which almost half of them gave
their response in the affirmative. Therefore, it can be concluded that this study will also help take
suitable measures for enhancing the quality of the effective language of presentation during court
trials.
Keywords: Effective Language, Presentational Style, Court-trials, Suburbs, Law Fraternity.
Introduction
All the special attention that the law has attained today is due to the use of language. No legal notions
exist outside language. According to one critic, „It is on the loom of language that all law is spun
(Weeramantry, 1975). During the court trials, advocates and witnesses use different languages
according to their convenience and explain the matter in the best way. However, it is a common
phenomenon that every case that is pursued by the advocate is capable of using powerful language
and explains, proves, gives the statements, and enlightens the matter in the most appropriate way to
get the attention of the whole body. Furthermore, effective language is the basic attribute of every
jurist to decide, punish, favor, and forgive as the decision of every subject matter (Goddard, 1996).
Therefore, in the present era, it has become a hot topic of discussion among legal writers to learn the
impacts of the usage of effective language during court-trials. Thus, keeping in view the above-
mentioned facts, this study explains the impact of language used during the court trials in Pakistan.
Literature Review
‘Law is codified and mediated through language’. This statement means that everything that is
depicted in law has to be always interpreted through language. But it should not be believed that there
is no Law without language as is the case of customary law, where the law is not expressed in words
but situations. No doubt, everyday language is quite different from the language of the law, that‟s
why; the language of the law cannot be used for daily practice (Saxton, 1998). For this reason, the
legal language is usually reviewed by forensic linguists who tend to apply the knowledge of linguistic
theory accurately to the Forensic context of the law.
The use of language in court has a profound impact on the legal system. Initially, the system
was called a „gladiatorial‟ where the parties to the dispute faced challenging accounts before an
unbiased umpire (Laster, 1990). It faces through language, and „truth‟ is eventually the creation of the
communication between defense and trial. Lambert in his study revealed that it is possible to
differentiate between different speech styles as well as to relate these speech styles to social contexts
and social settings of the speakers‟ in a wide variety of situations.‟ However, in non-legal contexts,
studies have revealed that acceptance of arguments by another person is greatly influenced by a
speaker‟s speaking style.

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* The Islamia University of Bahawalpur, Pakistan Email: [email protected]
** Faculty of Arts & Languages, The Islamia University of Bahawalpur, Pakistan
Email: [email protected]
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The language of the courtroom has been widely studied by forensic linguists, which means
that simplifications and exclusions are unavoidable. It is worth mentioning that extensive research in
this field is related to identifying and proposing successful communication strategies in court. For
example, this is a training manual that focuses on the most appropriate promotional techniques („how-
to‟ books) and is often based on the experience of legal scholars. It can be seen that the application of
these theoretical principles and recommendations may be very different in the actual environment.
Although the indoor court language can be considered a relatively standard communication procedure,
every moment of the dialogue involves a certain degree of changeability.
Another sequence of studies during mock court-trials mostly concentrated on the analysis of
jury behavior and jury decisions. The experiments described above can provide important insights
into understanding the dynamics of different courts. However, problems associated with the
environmental validity of jury impressions are often raised. Each case is so inherently connected and
context-dependent that the room may not make mock disclosures to investigate the actual events of
the court conversation. In particular, important issues are related to the representation of the jurors,
the setting of the study, and the test medium (Merry, 1990).
An additional broad area of research that is mainly significant to the context of this work is
constructed on the interpretation, investigation, and description of actual court procedures. Given the
intricacy of trial communications, it is not possible to obtain complete and accurate scores,
particularly when one thinks that various studies often contain diverse trends. Indoor courts are based
on some key areas that can be identified in language learning, such as talk, conversation, criticism, or
a corpus-based approach. (Conley et al, 1979).
In „Conversational Research,‟ we can cite the excellent work of Aldridge (2010) which shows
insight on indoor court changes, motivation, and research. Other studies have focused specifically on
the process of conducting inspections and the development of questionnaires (Harris, 1984). Special
attention was also paid to this area, especially in the analysis of testimony styles (Danet, 1980).
Research on the language of proceedings often confirms that courts represent important
cultural venues in which the power of social forces comes into play. Moreover, the study of legal
dialogue is seen not only as an opportunity to study captivating linguistic occurrences but also as an
understanding of how legal speech is linked to social dynamics and how it is also investigating legal
discourse, production, interpretation, or common influence of the construction in which participants
must face important consequences. It is safe to say that this supposition applies to all kinds of
discourse, but the role of legal discourse cannot be denied. Indeed, it is possible to pass and exercise
power in legal discourse.
As mentioned earlier, another important area of study in forensic linguistics is the
presentation of expert linguists as skilled witnesses. Finally, it is worth noting that corpus-based
research has also fascinated substantial concern in the latest years (Heffer, 2005).
Research Methodology
Paradigm of Study
A quantitative method was applied in all procedures, from acquiring the raw data to analyze it and
deducing meaningful outcomes. A self-constructed questionnaire was used to collect data and later
analyzed.
Sampling and Participants
For the present study, 150 participants including judges and lawyers having 10 years of field
experience after completing their LLB program between age group 26-35 years from urban areas of
Punjab, Pakistan were selected randomly to take part in this study. They were required to give their
views regarding statements stated in questionnaires.
Data Collection
For the quantitative study, a five-point Likert scale questionnaire having 15 items was used. The
Likert scale and questionnaire were adopted from the article „The Power of Language: Presentational
Style in the Courtroom‟ written by John M. Conley, William M. O‟Barr, and E. Allan Lind (1976)
and modified according to my study. All items of the questionnaire included close-ended options.
Research Design
For data collection and appropriate information regarding my research plan, I had proposed a
comprehensive study to highlight the discourse analysis of the language used in courts during trials in
Pakistan. After the data collection in questionnaire form, it was converted into a numeric form for the

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preparation of graphs and implication of statistical analysis. After collecting the data from the
participants, it has been analyzed through SPSS.
Data Analysis
The graphical representation of the questionnaire filled by the participants and their response is as
follows:

Q1. TESTIMONIAL STYLE Q2. LANGUAGE PLAYS AN

IMPOSES STRONG IMPACT IMPORTANT ROLE DURING
UPON THE PERCEPTION OF COURT TRIALS
THE JURIST.
100
150 80 70

No of People
100 50
60
No of People

100
50 40 30
50 20
0 0 0 0 0
0 0
-20
-50

Response Response

Graph # 1 Graph # 2

Q3. IT IS AN OBLIGATORY Q4. SENSITIVITY TO

PHENOMENON THAT DURING LANGUAGE VARIATIONS
COURT TRIALS TRANSLATORS MIGHT BE INCORPORATED
MAY BE PROVIDED TO THE NON INTO THE LAW OF EVIDENCE
UNDERSTANDING WITNESS. ITSELF.

80 70
150 120
50
No of People
No of People

60
100 30
30 40
50 0 0 0 20 0 0
0 0

Response Response

Graph # 3 Graph # 4
Q5. GOOD COMMUNICATION Q6. USE OF TESTIMONIAL
SKILLS AND PROPER USE OF STYLE MAKES IT FEASIBLE FOR
WORDS MAKE IT MORE EVERYONE TO UNDERSTAND
UNDERSTANDING BOTH FOR THE SUBSTANCE.
WITNESS AS WELL AS JURY TO 110
BASIC ISSUE.. 120
100
No of People

80
100 80 60 30
40 10
No of People

40 20 0 0
50 20 10 0
0
0

Response Response

Graph # 5 Graph # 6

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Q7. THERE IS STILL NEED OF Q8. PEOPLE THAT BELONG TO

WORK TO DO TO MAKE THE BACKWARD AREAS WHO ARE
COURT TRIALS MORE UNABLE TO UNDERSTAND THE
UNDERSTANDING. URDU AND ENGLISH FEEL
100 EMBARRASSED DURING COURT
120
100 TRIALS.
No of People

80
60 30 90
40 10 10 100 60

No of People
20 0
0 50
0 0 0
0

Response Response

Graph # 7 Graph# 8

Q9. AVAILABILITY OF Q10. TECHNICAL LANGUAGE

TRANSLATOR IN THE COURT THAT IS BEING IN USE DURING
TRIALS IS HIGHLY SUPPORTIVE COURT TRIALS IS VERY
FOR THE PEOPLE THAT ARE COMPLEX AND COMMON
UNFAMILIAR WITH THE URDU. PEOPLE TAKE MUCH TIME TO
70 UNDERSTAND IT.
80
No of People

60 150 120
40 30 30
No of People

10 10 100
20 30
50 0 0 0
0
0

Response Response

Graph # 9 Graph # 10

Q11. CRIME CASES THAT ARE Q12. TESTIMONIAL STYLE OF

BEING REPORTED IN COURTS WITNESS INCREASE THE
ARE INCREASING FROM WORTH OF THEIR
VARIOUS FIELDS OF LIFE. STATEMENTS.
140 100
150 120
100
No of People

No of People

100 80 40
60
50 10 0 0 0 40 10 0 0
20
0 0

Response Response

Graph # 11 Graph # 12

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Q13. DURING COURT TRIALS Q14. PRESENTING STYLE OF

PRESENTING STYLE IMPOSE COURT TRIALS DURING
STRONG IMPACT ABOUT THE PRACTICE ACCOUNTS
DECISION MAKING POWER OF MAXIMUM PART OF THE ANY
THE JURISTS. REGISTERED CASE.
135 80
150 100
60
No of People

No of People
80
100 60
50 15 40 10
0 0 0 20 0 0
0 0

Response Response

Graph# 13 Graph # 14

Q15. DEPENDING UPON THE WORTH OF TALKING AND USE OF PROPER

AND SUITABLE WORDS DURING COURT TRIALS JURIST MAKE DECISION IN
FAVOR OR AGAINST OF ANY PERSON.

100
90
90
80
70
No of People

60
50
40
30
30
20
20
10
10
0
0
Strongly Agree Agree Undecided Disagree Strongly Disagree
Response

Graph # 15

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Results and Discussion

From the total 150 participants, 70 participants strongly agreed, 50 participants agreed while 30
participants remained undecided when they were asked about do you think that language is an
important aspect of court trials.
Similarly, 100 participants strongly agreed while 50 participants agreed to the view that
testimonial style imposes a strong impact upon the perception of the jurist.
Extending our survey, 120 participants strongly agreed while 30 participants agreed to the
statement that it is an obligatory phenomenon that during court trials translators may be provided to
the non-understanding witness.
Moreover, 70 participants strongly agreed, 50 participants agreed while 30 participants show
undecided response to sensitivity to language variations might be incorporated into the law of
evidence.
Also, 80 participants strongly agreed, 40 participants agreed, 20 participants remain
undecided while 10 participants disagreed with the statement that good communication skills and
proper use of words make it more understanding both for witness as well as jury to the basic issue.
Following the same footsteps, 110 participants strongly agreed, 30 participants agreed and 10
participants show undecided attitude towards the question that use of the testimonial style makes it
feasible for everyone to understand the substance.
Similarly, 100 participants strongly agreed, 30 participants agreed, 10 participants remain
undecided while 10 participants disagreed with the statement that there is still a need for work to do to
make the court trials more understanding.
Furthermore, 90 participants strongly agreed while 60 participants agreed with the concern
that People that belong to backward areas who are unable to understand Urdu and English feel
embarrassed during court trials.
Additionally, 70 participants strongly agreed, 30 participants agreed, 30 participants remain
undecided while 10 participants disagreed with the statement that the Availability of a translator in
court trials is highly supportive for people that are unfamiliar with Urdu.
Moreover, 120 participants strongly agreed while 30 participants agreed with the statement
that Technical language that is being in use during court trials is very complex, and common people
take much time to understand it.
Similarly, 140 participants strongly agreed while 10 participants agreed with the proclamation
that Crime cases that are being reported in courts are increasing from various fields of life.
100 participants strongly agreed, 40 participants agreed and 10 participants remain undecided
about the statement that during court trials presenting style imposes a strong impact on the decision-
making power of the jurists.
However, 135 participants strongly agreed while 15 participants agreed about the presenting
style of court trials during practice accounts maximum part of any registered case.
Furthermore, 60 participants agreed, 10 participants remain undecided while 80 participants
disagreed with the statement that depending upon the worth of talking and use of proper and suitable
words during court trials jurists make a decision in favor or against any person.
Results obtained after the detailed analysis show that effective language plays a significant
role during court trials. Moreover, it is also observed that during the court trial, people come from
various parts of the country and use different languages that vary from person to person. Sometimes,
it becomes difficult to understand the proper meaning of the statement that a person uses while acting
as the witness in a case presented to the court. Similarly, few people are unable to understand the
proceedings of the court due to the use of technical language and style. Therefore, it is an obligatory
duty of the court to respond to purely linguistic problems in determining the form of speech.
Conclusion
Based on the analysis of data, it is found that language plays a significant role during court-trials as
well as imposes a strong impact on the perception of jurists. As effective language is the basic
attribute of every jurist to decide to punish, favor and forgive as the decision of every subject matter,
so, sensitivity to language variation should be incorporated into the law of evidence and translators
should be provided to non-understanding witnesses.
Therefore, it can be concluded that this study will help find out the existing court functioning
and impact of effective language during court proceedings. This study would also help take suitable

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measures for enhancing the quality of effective language in courts in Pakistan, resulting, increasing
the efficiency of the court trials. Additionally, this study is also significant because it has not only
presented a holistic picture of effective language during court-trials but also identified its strengths
and shortcomings
Limitations of Study
The current study has certain limitations.
The participants having 10 years of field-experience took part in this study.
This research is restricted to urban areas of the province Punjab, Pakistan.
Being a female, the researcher has limited herself to the province of Punjab in Pakistan.
The study was narrowed to its design, technique, measuring devices, and statistical methods.
Acknowledgment
This research paper has been extracted from the Ph.D. thesis titled “The Power of Language: A Study
of Presentational Style in Court-room Practices in Pakistan” by Ms. Kanza Javed (Assistant
Professor/Ph.D. Scholar, The Islamia University of Bahawalpur), supervised by Prof. Dr. Mamuna
Ghani (Former Dean, Faculty of Arts & Languages, The Islamia University of Bahawalpur) and has
been published in the partial fulfillment of the requirement for the degree of Doctor of Philosophy in
English Linguistics from Department of English, The Islamia University of Bahawalpur Pakistan.
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