Words banned in court/Verbotene Wörter im Gerichtssaal

An article of 16 June 2008 by Tresa Baldas in the National Law Journal, Courts Putting Hot-Button Words on Ice, reports that words such as rape and victim are being banned by judges because they prejudice defendants.

A steadily increasing number of courts across the United States are prohibiting witnesses and victims from uttering certain words in front of a jury, banning everything from the words “rape” to “victim” to “crime scene.”

Prosecutors and victims’ rights advocates nationwide claim the courts are going too far in trying to cleanse witness testimony, all to protect a defendant’s right to a fair trial. Concerns and fears over language restrictions have been percolating ever since judges in Nebraska and Missouri last year banned the word “rape” during rape trials.

The article contains many examples.

This relates largely to the Nebraska case reported in July 2007. From Slate:

Nebraska law offers judges broad discretion to ban evidence or language that present the danger of “unfair prejudice, confusion of the issues or misleading the jury.” And it’s not unheard-of for judges to keep certain words out of a courtroom. Words like victim have been increasingly kept out of trials, since they tend to imply that a crime was committed. And as Safi’s lawyer, Clarence Mock, explains, the word rape is just as loaded. “It’s a legal conclusion for a witness to say, ‘I was raped’ or ‘sexually assaulted.’ … That’s for a jury to decide.” His concern is that the word rape so inflames jurors that they decide a case emotionally and not rationally.

I think the judge may have gone too far in this particular case.

In the NLJ article, note in particular the last section on the appeal against the Nebraska decision:

Wendy J. Murphy of the New England School of Law, who is representing a Nebraska rape victim opposing the judge’s barring of the word “rape,” said the major battle facing prosecutors and victims now is fighting judges’ censorship orders.

To date, she said, there has been no federal court ruling on the matter. …

Murphy tried when she appealed the Nebraska judge’s decision to bar a rape victim from using the word rape. She lost the case, and is now appealing to the U.S. Supreme Court. Bowen v. Honorable Jeffre Cheuvront, No. 4:07CV3221 (D. Neb.).

At Language Log, Roger Shuy discusses the matter and adds that witnesses don’t often get to use their own words in any case:

“Using your own words” isn’t all that common in trials I’ve experienced. Among other things, you can’t introduce your own topics, you have to answer the opposing lawyer’s questions according to the form in which they are asked (usually yes/no questions, or worse, tag-questions), and you have to be ready to be interrupted at any time. Testifying requires a witness to learn a new set of communication skills, many of which can seem counterintuitive. Doing this can be daunting for anyone not trained in the special culture of the courtroom.

You’ve heard of The Avengers – now it’s The Linguists

The Linguists – A Very Foreign Language Film

Here is some blurb from an email (via Forensic Linguistics Mailing List)

We are nothing short of elated to announce that our documentary feature
THE LINGUISTS was selected to world premiere in the newly
minted “Spectrum: Documentary Spotlight” category at the 2008 Sundance
Film Festival.

THE LINGUISTS is the first documentary supported by the National Science
Foundation to ever make it to Sundance.

The trailer is at http://www.thelinguists.com. Here’s a brief synopsis:

It is estimated that of 7,000 languages in the world, half will be gone by
the end of this century.

THE LINGUISTS follows David Harrison and Gregory Anderson, scientists
racing to document languages on the verge of extinction. In Siberia,
India, and Bolivia, the linguists’ resolve is tested by the very forces
silencing languages: institutionalized racism and violent economic unrest.

David and Greg’s journey takes them deep into the heart of the cultures,
knowledge, and communities at risk when a language dies.

Happy Holidays,
Seth Kramer, Daniel A. Miller, and Jeremy Newberger

Ironbound Films, Inc.

www.ironboundfilms.com

In this connection, see a ridiculous BBC News article about a language that is endangered because its two last speakers have stopped talking to each other. (Can’t remember where I got the link)

Exciting foreign words / Tantenverführer

The British media are spreading lies about Germany yet again.

From today’s Guardian:

And a number of us will need to beware of what Germans call the Tantenverführer (aunt seducer) at this year’s office Christmas party, a young man of suspiciously good manners you suspect of devious motives…

Admittedly the article is by someone who wrote a whole book about odd words in foreign languages (‘Adam Jacot de Boinod is the author of Toujours Tingo published by Penguin’, another young man who may have devious motives). One wonders who gave him this one. Perhaps Mark McCrum?

Like Spinatwachtel (another rare word) in the LEO forum, I found Google suggested this was not known to German speakers:

googelt man nach “Tantenverführer” – Seiten auf Deutsch, erhält man bezeichnenderweise die Nachricht, daß es da nichts gäbe, ob man in einer anderen Sprache gucken möchte. Man klickt “ja”, und hey presto! 14 Hits, die fast alle mit diesem Buch zu tun haben.
Poodle-faker habe ich jetzt immer noch kein Gefühl für, welcher Slang ist das denn? Und kanntest du es schon, bevor du im Wörterbuch nachgeschaut hast? Ladies’ man hingegen habe ich schon gehört.

I’m not the first to comment on this. But I hope no-one gives me this for Christmas!

LATER NOTE: At Language Log, Benjamin Zimmer did a nice, if premature, piece on the author’s earlier book in 2005:

The multitudinous errors in such books should not be surprising; as Mark Liberman has reminded us, when a factoid about language is attractive enough, “the linguistic truth of the matter is beside the point.”