Telling the truth : a linguistic analysis of narrative construction in the cross-examination of Canadian aboriginal witnesses
Date
2002
Authors
Steel, Heather Lindsay
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Abstract
This thesis contributes to a growing area of interest that considers courtroom interaction from a linguistically based, discourse analysis perspective. It examines how narrative is constructed during the cross-examination of Aboriginal witnesses in Canadian courts. The Canadian legal system operates on the idea that there is only one truth. The purpose of the trial is to seek out that truth through questions. This search for 'the' truth can pose a problem for members of marginalized groups, such as Aboriginals, who perhaps have a different perspective and, therefore, a different truth. Adhering to the traditions of courtroom discourse may mean that their narratives may not be conveyed in a way which matches their reality.
To get a clearer understanding of how narratives are built in the cross-examination stage of the trial, this study examines testimony given in two cases involving Aboriginal rights. The first part of the study looks at how much discourse witnesses contribute during the cross-examination. With this understanding, the second part of the study explores the content of the discourse to determine patterns within the construction of narrative. The study goes on to discuss sociolinguistic reasons for why some witnesses contribute less to the narrative being constructed than others do. Finally, some recommendations are put forth to help bridge the cultural gaps which presently exist in the courtroom.