Developing investigative linguistics as a forensic science.

Dr Tim Grant
Deputy Director, Centre for Forensic Linguistics. t.d.grant@aston.ac.uk

Forensic Linguistics & Investigative Linguistics

Study of legal texts
statutes, contracts, wills etc..

Study of legal linguistics processes

E.g. Police interviewing The question of question types in police interviews.
Oxburgh, Myklebust & Grant (In press July 2010)

Provision of linguistic evidence

Trademark disputes Judging Linguistic Competence Failures in Interpretation e.g. in police interviews Investigative linguistics: the investigation of forensically interesting texts to aid investigation and or provide evidence.

Historical Development
Timothy Evans 1950 - hanged for the murder of his wife and child. 1968 - Jan Svartik analysed Evans witness statement and suggested the language was inconsistent. A case for forensic linguistics. Derek Bentley 1953 hanged for his part in the murder of a policeman.

1998 Court of Appeal set aside

the conviction in part because of Malcolm Coulthards evidence that his statement was not verbatim record of spoken monologue as claimed at the original trial.

Dhiren Barot

2004 charged with terrorist offences on the basis of linguistic

evidence indicating that he had written conspiracy documents including the Gas Limo Project. 2006 sentenced to 30 years imprisonment after pleading guilty.

Intelligence
Casting Doubt Balance of probabilities Certainty

Development of confidence & standards of proof

In the UK Intelligence or investigative assistance or expert advice. Casting doubt. Balance of probabilities.
Being more certain than otherwise.

Beyond reasonable doubt

Being certain.

BUT even when giving investigative advice Any report may be subject to disclosure to the defence under UK law. This should not constrain giving opinion so long as you are explicit about your degree of (un)certainty. In practice what one is willing to say may depend upon the relationship with the police officer or client!

Intelligence
Casting Doubt Balance of probabilities Certainty

Sociolinguistic profiling
What sort of person wrote this
What sort of psychological person? What sort of linguistic person ? She was an innocent

girl who tried to do her best in a world governed by old cruel farts. [] Sir, the whole
system stinks. Sometimes, I am ashamed to be white by the things others are allowed to say and do. [] Surely, this cannot be right? [] Sir, it is time to bring these shameful things out into the open. Please. Dont let our country go down the pan just to protect the interests of a few bad-minded people.

Intelligence
Casting Doubt Balance of probabilities Certainty

Op. Heron
57 Letters Sent to a variety of recipients. Qualitative & statistical judgements feed in to profile:
Older writer hence, thrice negroes, halfcaste Woman I underused. See BBC Crimewatch website for more information:
http://www.bbc.co.uk/crimewatch/solved/forensicfiles/forensic_linguistics.shtml

Intelligence

Casting Doubt
Balance of probabilities Certainty

Casting doubt
When acting for the defence the task can be to test and perhaps cast doubt on claims made for or about a text.

Doubtful witness statements Courts of Appeal.

Derek Bentley (Coulthard, 1994) more in a moment More recent cases for Northern Ireland Police Ombudsman and the Criminal Cases Review Commission.

Responding to other experts forensic textual analyses.

Intelligence

Casting Doubt
Balance of probabilities Certainty

Derek Bentley statement

Bentley was hanged 28th January, 1953, for his part in the murder of a policeman. On 30th July, 1998 he was pardoned, partly on the basis of the evidence of Malcolm Coulthard who demonstrated linguistic anomalies in his statement. In the original trial it was claimed by the prosecution that the statement was produced by Bentley as a monologue and in response to a simple request for his account of events.

[] The policeman then pushed me down the stairs and I did not see any more. I knew we were going to break into the place, I did not know what we were going to get - just anything that was going. I did not have a gun and I did not know Chris had one until he shot. I now know that the policeman in uniform is dead. I should have mentioned that after the plainclothes policeman got up the drainpipe and arrested me, another policeman in uniform followed and I heard someone call him 'Mac'. He was with us when the other policeman was killed.

Intelligence

Casting Doubt
Balance of probabilities Certainty

Derek Bentley statement

then occurs 1 in 500 words in general language, 1 in every 930 words in undisputed witness statements, 1 in every 78 words in police witness statements and 1 in 57 words in this statement. I then occurs 1 in 16500 words in general language, 1 in 5700 words in undisputed witness statements, 1 in 100 words in police witness statements 1 in every 190 words in this statement.

[] My mother told me that they had called and I then ran after them. [] We all talked together and then Norman Parsley and Frank Fasey left. Chris Craig and I then caught a bus to Croyden. [] There was a little iron gate at the side. Chris then jumped and over I followed. Chris then climbed up the drainpipe to the roof and I followed. Up to then Chris had not said anything. We both got out on to the flat roof at the top. Then someone in the garden on the opposite side

Intelligence Casting Doubt

Balance of probabilities
Certainty

Civil process for dealing with incivility

Providing grounds for dismissal. Defense against claims of wrongful dismissal. Copyright infringement. Plagiarism detection. Disputes over drafting of informal wills
SURPRISE!!! FAT BEARDED TWAT ________________________________ YOU GOT THE WRONG MAN YOU GREAT FAT HAIRY BASTARD YOURE A FAT HAIRY BASTARD + YOU PUSH PEOPLE TO FAR. WHY DONT YOU JUT LEAVE. WE ALL HATE YOU. YOURE A CRAP TEACHER AND YOU STINK. THE OTHER TEACHERS ALL LAUGH AT YOU. THE WAY YOU SLEARE OVER THE WOMEN IN THE [] OFFICE IS A JOKE WHOD FANCY AN UGLY FUCKER LIKE YOU? DO EVERYONE A FAVOUR + PISS OFF + KEEP YOUR NOSE OUT OF THINGS THAT DONT CONCERN YOU YOUVE BEEN WARNED

Intelligence Casting Doubt Balance of probabilities

Certainty

Daubert criteria and new UK Law Commission review on expert evidence.

Daubert criteria for acceptability of expert evidence in US federal courts.
Has the theory been tested? Has it been peer reviewed? Is there a known error rate? Is it generally accepted?

UK Law Commission on expert evidence heading in a similar direction.

Intelligence Casting Doubt Balance of probabilities

Certainty

Linguistic evidence in Operation Rhyme

Operation Rhyme a counter-terrorism operation investigating Dhiren Barot (and others). Chronology 2nd August 2004: Barot arrested. 12th August 2004t: 11am received call, by 3pm in NSY working on texts. 13th August 2004: by 8pm we had to produce initial evidential report (this had to be put to Barot in interview before charge). 16th August 2004: Barot charged. Follow up through to September 2006: further analyses in support in which we examined further texts, attempted to establish base rates, and produced numerous further reports.

Intelligence Casting Doubt Balance of probabilities

Certainty

Gas Limo Project language features

Formality - Sportsmen when sustaining injuries such as sprains during competition tournaments commonly utilise these Packs. Repeated units of semantic similarity - this feature took several forms.
bracketed form: this substance is poisonous (toxic) symbol followed by word: + plus

Scar q Hi fr q

: i r r l cy

tr i

t r /nur use nd ef re

f lashes / :

Inappr priate se f semi-colons f ll ing expl nati ns: ecause; it seems at an earl stage

Intelligence Casting Doubt Balance of probabilities

Certainty

Evaluation of analysis in Op. Rhyme

Not ideal!
Other than time, pressure etc of initial analysis there were a variety of problems these included the data: A small number of very short texts of known authorship
text within an insurance claim. text of job application letters.

One very substantial query text

therefore consistency of style within one anonymous text. Other unconventional query texts
http://www.youtube.com/watch v=aX G q

But the highly idiosyncratic style led to fairly strong judgements of likelihood. Outcome: Analysis assisted charging decision. Further investigation produced substantial further evidence. Guilty plea led to 40 year sentence (reduced to 30 years on appeal).

Intelligence Casting Doubt Balance of probabilities

Certainty

Danielle Jones

Jenny Nicholl

Last seen 18th June 2001. After her disappearance a series of text messages were sent from her phone. Linguistic analysis showed that the later messages were sent by her Uncle, Stuart Campbell.

Last seen 30th June 2005. After her disappearance a series of text messages were sent from her phone. Linguistic analysis showed that the later messages were sent by her exlover, David Hodgson. Hodgson was convicted of Jennys murder 19th February 2008 in part because of the linguistic evidence.

Campbell was convicted of Danielles murder 19th December 2002 in part because of the linguistic evidence.

Intelligence Casting Doubt Balance of probabilities

Certainty

So who wrote this one?

Thanx bella! - gonna go 2 the student bar at 9. My room is huge! This place is v lux. Have a gd night! xx

Text messages audience texts

Author B Yeah that sounds good. Is it the 25th thats her actual birthday? Hey chick, did you have a good weekend? I went to watch dave go kart rancing last night which was super fun as you can imagine! I can't wait to go home, dave's downloaded the new adam sandler film for me to watch tonight. What you guys up to? Xxx

These authors demonstrate stylistic differences in their writing of text messages.

Author A Hey, both! - but soph wont make it 4 dinner, she has a late lecture, prob b bk about half 8? She called but i cant get hold of her so i hope thats stil the plan x Thanks my bro! i'll c you at xmasso far away! Take care 2 xx

JENNY NICHOLL HISTORIC MESSAGES Sum black+pink k swiss shoes and all the other shit like socks.We r goin2the indian.Only16quid.What u doin x Yeah shud b gud.i just have2get my finga out and do anotha tape.wil do it on sun.will seems keen2x Shit is it.fuck icant2day ive allready booked2go bowling.cant realy pull out.wil go2shop and get her sumet soon.thanx4tdlin me x No reason just seing what ur up2.want2go shopping on fri and2will`s on sun if ur up2it Sorry im not out2nite havnt seen u 4a while aswel.ru free2moro at all x No im out wiv jak sorry it took me so long ive had fone off coz havnt got much battery Only just turned my fone.havnt lied bout anything.no it doesnt look good but ur obviously jst as judgmental than the rest.cu wen i cu&i hope its not soon I havnt lied2u.anyway im off back2sleep I know i waved at her we wer suppose2go at4but was a buffet on later on so waited.anyway he had a threesome it was great cu around Im tierd of defending myself theres no point.bye Happy bday!wil b round wiv ur pressent2moz sorry i cant make it2day.cu2moz xxx

SUSPECT TEXT MESSAGES Thought u wer grassing me up.mite b in trub wiv me dad told mum i was lving didnt giv a shit.been2 kessick camping was great.ave2 go cya Hi jen tell jak i am ok know ever 1s gona b mad tell them i am sorry.living in scotland wiv my boyfriend.shitting meself dads gona kill me mum dont give a shite.hope nik didnt grass me up.keeping phone of.tell dad car jumps out of gear and stalls put it back in auction.tell him i am sorry Y do u h8 me i know mum does.told her i was goin.i aint cumin back and the pigs wont find me.i am happy living up here.every1 h8s me in rich only m8 i got is jak.txt u couple wks tell pigs i am nearly 20 aint cumin back they can shite off She got me in this shit its her fault not mine get blame 4evrything.i am sorry ok just had 2 lve shes a bitch no food in and always searching me room eating me sweets.ave2 go ok i am very sorry x

MY/MYSELF SPELT AS ME/MESELF

JENNY NICHO

HISTORIC

ESSA ES ll t t r

S S ECT TEXT

ESSA ES

Sum l ck i k k s iss s s it lik s cks. r i t i i . l ui . tu i Y do

ARY O STYLE DI ERENCES

d x

Thought u wer grassing me up.mite b in trub wiv dad told mum i was lving didnt giv a it. i camping was great.

s ud b ud.i ust t fi ot t . il do it on sun. ill s ms

ut

I A

/IA

t i llr dy S it is it.fuck i bowling.c nt r ly pull out.wil er sumet soon.t nx4tdlin me x No reason ust seing what ur . t shopping on fri ill` on sun if ur Sorry i t aswel.ru fr No i f t

nd get

NOT/I` NOT / AINT IVE / AVE MY/MYSELF /ME/MESELF OFF / OF

Hi en tell ak i ok know ever s gona b mad tell them i sorry.living in scotland wiv boyfriend.shitting lf dads gona kill mum dont give a it .hope nik didnt f.tell dad car grass me up.keeping umps out of gear and stalls put it back in sorry auction.tell him i Y do u h8 me i know mum does.told her i was goin.i i t cumin back and the pigs wont find me.i happy living up here.every1 h8s me in rich only m8 i got is ak.txt u couple wks tell pigs i nearly i t cumin back they can it ff She got me in this it its her fault not mine sorry ok ust had get blame 4evrything.i l shes a bitch no food in and always room eating sweets. searching ok i very sorry x

it

it havnt seen u 4a while r at all x had

out wiv ak sorry it took me so long i ff coz havnt got much battery

f .havnt lied bout Only ust turned anything.no it doesnt look good but ur obviously st as udgmental than the rest. wen i i hope its not soon I havnt li .anyway i ff l

TO/ - S ACE / TO/ + S ACE C /CYA

I know i waved at her we wer at4but was a buffet on later on so waited.anyway he had a threesome it was great around I tierd of defending lf theres no point.bye z

FONE / HONE SHIT / SHITE

Happy bday!wil b round wiv ur r t sorry i cant make it . z xxx

Measuring similarity in sexual crime

Assault A
Verbal abuse Bladed weapon used Penile vaginal penetration

Assault B
Verbal abuse Bladed weapon used Digital vaginal penetration

Assault C
Verbal abuse Bladed weapon used No penetration

Are these crimes similar? Jaccards coefficient is useful but has A & B as no more similar then A & C. Woodhams, Grant and Price (2007) developed new measure s to apply first to sexual crime. (based on Izsak & Price, 2001).

Husband-wife murder case.

I analysed a total of 407 text messages. A set of 154 features were identified. Every text message was scored as containing or not containing every one of these features. Using Jaccard and s we can measure degrees of similarity / stylistic distance between any two text messages.
Text '4get' for 'forget ' 'thanx' for 'thanks' 4 with no trailing space. 2 with no trailing space. wen fo when 'wiv for 'with' use of comm a 'jst' for 'just'

Got go fetch milly. Val cant cope w her x Wen r u up 4a repeat performance? x Txt me, talkin with chris. x

0 0

0 0

1 0

0 0

1 0

0 0

0 1

0 0

Suspect te t are messages significantly different from wifes and indistinguishable from husbands.

Intelligence Casting Doubt Balance of probabilities

Certainty

Is this Certainty?
My answer is No
Of this group x is most likely writer... There will be a small group of individuals who write this way x is one of them.

Language is always subject to variation in choice and chance. Linguistic data will only add to the weight of evidence it will never be wholly probative on its own.

Is this science?

Recommended reading
Coulthard, M., & Johnson, A. (2007). An introduction to forensic linguistics Language in evidence. Oxford: Routledge. The Journal Speech Language and the Law T.J.P.K.A. Forensic Linguistics and of course Oxburgh Myklebust & Grant (In press July 2010) The uestion of uestion types in police interviews: A review of the literature from a psychological and linguistic perspective. Speech, Language and Law.

References
Coulthard, M. (2004). Author identification, idiolect and linguistic uniqueness. Applied Linguistics, 25(4), 431-447. Coulthard, M., (1994) On the use of corpora in the analysis of forensic texts, Forensic Linguistics: The International Journal of Speech Language and the Law, 25-43. Grant, T. (2007). Quantifying evidence for forensic authorship analysis Speech Language and the Law. The International Journal of Forensic Linguistics, 14(1). Grant, T.D. (2007) Approaching questions in forensic authorship analysis In J. Gibbons and M. Teresa Turrell (eds). Dimensions of Forensic Linguistics. John Benjamins. Grant, T.D. (in Press) Txt 4n6 - Idiolect free authorship analysis?, in Coulthard, R.M. and Johnson, A. (eds) Handbook of Forensic Linguistics Routledge Izsak, C., & Price, A. R. G. (2001). Measuring beta-diversity using a taxonomic similarity index, and its relation to spatial scale. Marine Ecology Progress Series, 215, 69-77. Oxburgh Myklebust & Grant (In press) The uestion of uestion types in police interviews: A review of the literature from a psychological and linguistic perspective. Speech, Language and Law. Svartvik, J. (1968). The Evans statements: a case for forensic linguistics. Gothenburg Studies in English, 20. Woodhams, J., Grant, T., & Price, A. (2007). From marine ecology to crime analysis: Improving the detection of serial sexual offences using a taxonomic similarity measure. Journal of Investigative Psychology and Offender Profiling, 4 (2).