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Entrapment and the Linguistic Analysis of Tapes

NCJ Number
122339
Journal
Studies in Language Volume: 8 Issue: 2 Dated: (1984) Pages: 215-234
Author(s)
R W Shuy
Date Published
1984
Length
20 pages
Annotation
The linguistic analysis of tape-recorded evidence can be useful to both the prosecution and defense positions in a trial, but the use of tapes requires jurors to accomplish many difficult tasks and to be aware of the seven conversational strategies that government agents use in these interchanges.
Abstract
The juror must try not to confuse the speakers and the information in the tapes, avoid being swamped by the data, determine the speakers' intentions, and determine the conversational strategies of the speakers. The seven conversational strategies are manipulative in that they go beyond the normal conversational strategies of repeating a point, interrupting, taking a turn, or asking a question. The strategies include securing the appearance of an agreement, coaching, camouflaging an important point, translating legal terms and concepts used by the target into illegal terms and concepts, blocking an exculpatory statement, isolating the target from information that others share, and using agents who are presumably from a different cultural and language background than the target. These strategies have been used in many cases and have successfully produced indictments and convictions. Case examples.