Abstract

The present research is intended to identify how leading questions adopted by attorney who challenges the testimonies provided by the witness during a court trial in a courtroom, namely cross-examination. Furthermore, through these questions, the kinds of linguistic features to build the language power of attorney during examination are also investigated. This issue is essential to be raised since courtroom examination is the most accomplished way to elicit all the significant and required information to provide a clear portrait of a case. It provides the judge a deep knowledge in deciding the final judgment. This research issues one of the phenomenal cases in Michigan regarding the crash between truck driver and police who was died at the moment in 2015. A qualitative descriptive is employed to analyze the data. The result revealed that most of the questions provided by the attorney during a court trial are leading questions through declarative question form. This indicates that the attorney attempts to provide the state of facts with the aim to confirm the information based on his point of view instead of eliciting wider information from the witness’s side. Moreover, the most types of linguistic features that build the attorney’s language power containing in the questions are ‘so’ summary, reformulation, vocabulary landscaping, and evaluative third turn which indicate that he attempts to control the topic of discussion and control witness’s perception toward the issue which leads to the inconsistency ideas. This result can provide a damaging position of the witness since his testimonies can be considered as vulnerable information.

Highlights

  • Courtroom serves a wealthy and interesting field of linguistic investigation

  • It is showed that there are 96 data which refers to leading questions which is divided into declarative question and tag question forms

  • The leading question is realized with declarative question form since it does not involve either the information question (5W+1H) or changing the position of verb to the preceding of the sentence, it is structurally formed as a question by adding the question mark (?) in the last of the sentence (Gibbons & Turell, 2008)

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Summary

Introduction

Courtroom serves a wealthy and interesting field of linguistic investigation. It explores an exclusive space of social engagement and a unique domain of language use. Courtroom interaction consists of a more complex system through the means of asking a question and responding it because the asymmetrical relations among the parties affect the process in eliciting the pieces of evidence (Catoto, 2017) In this case, according to Gibbons & Turell (2008), witnesses are powerless participants because they are only allowed to respond to questions provided by either jury or attorneys. The suspect’s lawyer claimed that it was an accident that had not been intentionally caused and the jury agreed (Bartkowiak, 2017) This case shows that an accused person was decided to be innocent, besides the regulation is implemented, it may be influenced by the interaction, such as examination between attorney or lawyer and witness, conducted during a court trial

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