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A Study on Pragmatic Strategies of Testimony Elicitation in Courtroom Cross-Examination

Author: TongSong
Tutor: XuJu
School: Central South University for Nationalities
Course: Foreign Linguistics and Applied Linguistics
Keywords: Cross-examination Testimony export Context Pragmatic Strategies
CLC: D90-055
Type: Master's thesis
Year: 2009
Downloads: 52
Quote: 0
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Abstract


Courtroom Interaction the court opposing sides confrontation in psychology, language, pragmatics and jurisprudence. Argumentation and inquiry process, the proper use of pragmatic strategies around the judge and the jury's judgment on the merits. Therefore, regardless of the legal workers or legal linguists have a need to pay more attention to the language of the court, especially in cross-language asked stages lawyer to export testimony. However, research in this area is still static description rather than dynamic observation. This article attempts to cross the court session asked stages produce qualitative analysis on the basis of the pragmatic theory of learning and conversation analysis, designed to explore the feasibility of lawyer to take at this stage as the testimony export Pragmatic Strategies. Pragmatic strategy involved in the cross-examination phase micro and macro points. Microscopic Pragmatic strategy is mainly reflected in the level of pronunciation, vocabulary, syntax and rhetoric. Macro Pragmatic Strategy means by psychological factors of interpersonal and session policy. Macroeconomic strategy is the focus of this study, because of their unique Courtroom Interaction. Macro strategies, psychological control can be achieved in the pre-trial and trial process, such as creating a favorable relationship with a thorough understanding of the psychological state of the witness, cross-examine witnesses for the guilt or innocence of the default, and the judge and the jury influence the subconscious, to cover up the real questions intent of the lawyer himself, self-control negative emotions, the audience's attention to the self-serving information or evidence. Interpersonal strategy aims to control the exercise or waiver of discourse powerful witnesses or suspects, and to strengthen or weaken the credibility of the testimony by emphasizing the social background of the witness, title, degree or professional experience. The conversational strategies related to the session structure control, specific guide questions toward, questioning approach according to the situational context changes, induced Inquirer inadvertently make the expected answer on the topic, the logic, then round and inference control. The research will not only help to further understand the Courtroom Interaction, the theory and practice of the judicial some inspiration. However, the research is still many deficiencies, for example, due to the limitations of the corpus collected, this study only involved in civil and criminal cases, without involving administrative cases and administrative cases, the defendant makes such cases as the special status of the authority of government agencies Other types of cases varied. The research corpus biased to a certain extent undermine the objectivity of the findings.

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