Forensic linguistics in German criminal procedure

The latest edition of Language and Law/Linguagem e Direito is a special issue arising from a one day symposium looking at the way expert evidence is handled in different jurisdictions.

It contains an article by Sabine Ehrhardt of the Bundeskriminalamt looking at how forensic linguistic evidence and experts are handled in the German criminal court system. Forensic Linguistics in German law enforcement.

The main emphasis is on a case where forensic linguistics evidence was required to analyse text messages sent to the victim’s mother before and after the victim’s disappearance, answering the question: no body has been found, but did her husband kill her and fake the circumstances of her disappearance? The case was based on circumstantial evidence, of which the text messages were only part.

It was striking but perhaps not surprising that in the 200-page summary of the judgment, the judge seems to have completely misunderstood some of the expert’s arguments. The article queries whether German lawyers receive enough training in forensic linguistics.

Incidentally, the English of the article was good, but I really dislike the translation of Nebenklägerin – taken straight from Dietl – as joint plaintiff. My suggestion is private co-prosecutor. This refers to the role of the victim’s mother. I know the German “Kläger(in)” is closer to plaintiff than prosecutor, but it seems odd in a criminal court. – Romain has additional private prosecutor, which is better, although it seems to suggest that there are multiple private prosecutors, unless you put commas in.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.