Power and resistance in interrogations of suspects in the Egyptian judicial process

IF 0.5 4区 社会学 Q4 CRIMINOLOGY & PENOLOGY International Journal of Speech Language and the Law Pub Date : 2017-09-01 DOI:10.1558/ijsll.20435
Alan A. Saeed, Neveen Saeed Abd Al Kareem
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Abstract

The thesis investigates how using a discourse pragmatic approach gives insight into the complexities of hand-written interrogation records. Data come from eighteen Egyptian interrogations from the years 2007 to 2011. It includes five interrogations with ex-president Hosni Mubarak and his two sons, Gamal, and Alaa, which took place in 2011 after the 25th January revolution, as well as with ordinary workers, traders and company managers. In addition, data include interrogations in criminal cases with a variety of offences such as drugs, murder, political cases and embezzlement. This study examines the pragmatic and linguistic choices that prosecutors and suspects make to express power relations, modes of resistance and information gathering/confirmation in inquisitorial interviews in Egypt. This helps give insights into questioning practices in Egypt’s legal system and the interactional goals and methods of such speech events. In addition, it includes exploring the challenges of analysing and translating a written record, and establishing the journey of a suspect’s statement in Egyptian interrogations. Analysis reveals that suspects were able to resist some of prosecution’s accusations and control. However, the more controlling the questions became the less able were they to answer cooperatively while maintaining their innocence on the record. Exceptions to that were suspects who received legal advice from lawyers or worked in the legal field. Questioning strategies such as the use of and/wa-prefaced questions and Put on Record (POR) questions in the data have revealed that the current recording practices are sometimes limiting and coercive whether intended or not due to the special attention given to recording the institutional version of the narrative. Moreover, suspects are not invited to freely give their own narrative. This results in the production of an altered interrogation record. Implications for the field of Egyptian interrogations and interrogation more widely are discussed.
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埃及司法程序中审讯嫌疑人的权力和阻力
本文研究了如何使用话语语用方法来洞察手写审讯记录的复杂性。数据来自2007年至2011年的18次埃及审讯。其中包括2011年1月25日革命后对前总统胡斯尼·穆巴拉克及其两个儿子贾迈勒和阿拉以及普通工人、贸易商和公司经理的五次审讯。此外,数据还包括毒品、谋杀、政治案件和贪污等各种罪行的刑事案件的审讯情况。本研究考察了检察官和嫌疑人在埃及检察官访谈中表达权力关系、抵抗模式和信息收集/确认的语用和语言选择。这有助于深入了解埃及法律体系中的质疑实践以及此类言论活动的互动目标和方法。此外,它还包括探索分析和翻译书面记录的挑战,以及确定嫌疑人在埃及审讯中的陈述过程。分析显示,嫌疑人能够抵抗检方的一些指控和控制。然而,他们越是控制问题,就越不能在保持清白的同时合作回答。例外情况是接受律师法律咨询或在法律领域工作的嫌疑人。数据中的提问策略,如使用和/或预先提问和记录(POR)问题,表明当前的记录做法有时是限制性的和强制性的,无论是否有意,因为特别注意记录叙事的机构版本。此外,嫌疑人并没有被邀请自由发表自己的叙述。这导致产生了一份经过修改的审讯记录。讨论了对埃及审讯和更广泛审讯领域的影响。
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来源期刊
CiteScore
1.00
自引率
25.00%
发文量
18
期刊介绍: The International Journal of Speech, Language and the Law is a peer-reviewed journal that publishes articles on any aspect of forensic language, speech and audio analysis. Founded in 1994 as Forensic Linguistics, the journal changed to its present title in 2003 to reflect a broadening of academic coverage and readership. Subscription to the journal is included in membership of the International Association of Forensic Linguists and the International Association for Forensic Phonetics and Acoustics.
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