Linguistic Bias and the Justice System

Linguistic Bias and the Justice System

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The way we talk—our accent, grammar, vocabulary—strongly influences others’ perceptions of us. Studies from around the world have shown that speakers perceived as having a “foreign” accent or as using “non-standard” varieties of their own society’s language are frequently misunderstood or given less credence in legal settings. Studies also show that listeners’ self-awareness of their own linguistic bias, both implicit and explicit, is often extremely low. Linguistic biases can substantially interfere with legal outcomes. For example, in the wake of the trial of Trayvon Martin’s killer, George Zimmerman, linguists argued convincingly that jurors disregarded the prosecution’s star witness, Rachel Jeantel, on account of her use of Caribbean-influenced African American vernacular language. Having been on the phone with Trayvon during the events leading up to his death, she testified for six hours, and her testimony directly contradicted Zimmerman’s defense. But after the trial, one of the jurors said that in 16 hours of deliberations, they hadn’t even considered her testimony, and another described her as “hard to understand” and “not credible.” She was also mocked in the media for not speaking “properly,” and stigmatized for her language use by lawyers and others in the courtroom. Focusing on language as central to culture and personhood, the panel will present some linguistic studies that highlight the reasons we naturally react this way when someone speaks differently from us and guide a discussion centered on how this relates to the legal process and the practice of law.

One hour credit will be offered for the surrounding MCLE states of Virginia, Delaware and Pennsylvania.

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