Questioning in court: The construction of direct examinations

Lucas M. Seuren*

*Corresponding author for this work

    Research output: Contribution to journalArticleAcademicpeer-review

    4 Citations (Scopus)
    1 Downloads (Pure)

    Abstract

    While courtroom examinations are often recognized as a distinct speech-exchange system, little is known about how participants do an examination beyond its unique turn-taking system. This article attempts to shed some light on this issue by studying the question design during the direct examination in an American criminal court case using Conversation Analysis. It shows that attorneys use different question forms compared to casual conversation: declaratives are far less prevalent and questions are often designed as requests for action. In addition, attorneys make use of forms that are not found in other types of interaction, such as the tag (is that) correct. The way in which attorneys design their questions additionally shows that the rules of the courtroom have procedural consequences for how the interaction is done. But these rules have to be enacted, and it is in their violation that participants bring about categories such as leading questions.

    Original languageEnglish
    Pages (from-to)340-357
    Number of pages18
    JournalDiscourse Studies
    Volume21
    Issue number3
    DOIs
    Publication statusPublished - Jun-2019

    Keywords

    • Action formation
    • American
    • conversation analysis
    • courtroom interaction
    • direct examination
    • leading questions
    • question constraints
    • question design
    • ORGANIZATION
    • ANSWERS

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