Cheryl Stephens

Language in Criminal Justice

Language and Justice

Only 1 in 8 Americans has the abilities needed to cope with the language and proceduresof law and the courts.

Damaged Lives

Even petty convictions affect

• professional licenses

• child custody

• food stamps

• student loans

• health care

• immigration

• public housing

Who Suffers?

Victims

Accused Witnesses

Families Communities

Jurors

Do you…solemnly swear that you will diligently, fully and impartially inquire into and true presentment make of all offenses which shall come to your knowledge…that you will present no one from hatred or malice nor leave anyone unpresented from fear, favor, affection, reward, or hope of reward; that you will …perform all the duties enjoined upon you…?

Crimes of not understanding

• failure to appear • breach of conditions• breach of a probation• being unlawfully at large• failure to comply

Communication Hurdles

• Situational• Short-term• Long-term• Systemic

Sources of Cognitive Deficiencies or Poor Comprehension

• low education• medical conditions• old age• disabilities• learning difficulties• discrimination• conditions of poverty

• mental handicaps• degenerative conditions

• epilepsy• vision problems• AIDS• head/neck injuries

Gap Between Cognitive Demands and Cognitive Ability Level

Level 1 Level 2 Level 3 Level 4/5

22% 26% 33% 16/4%

• Explicit

• Concrete

• Simple

• Single task

• Low volume

• Implicit• Abstract• Complex• Multiple tasks• High volume

← Low Text Inferences

High →

Low Reading Skills – Invisible Hurdle

• Proficient readers

• Have adequate reading skills for daily life but not for new and complex info

• Can read simple sentences on familiar topics if clearly laid-out

• Cannot read or recognizes words only

United States Skill Rates

International Rates

12.5

47.0

7.9

15.9

20.0

25.6

32.5

26.2

36.3

32.6

35.6

17.0

45.3

35.7

34.6

26.3

3.5

20.6

12.1

12.8

14.6 27.3 38.6 19.5

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Bermuda

Canada

Italy

Norway

Switzerland

United States

Level 1 Level 2 Level 3 Level 4/5

Legalese is a barrier

Special language and procedures

represent a refusal to communicate

Incredibly bad form

Incomprehensible Language

Oath for child of 7 to 13 years 

Do you know that it is a criminal offence to intentionally give false evidence in a judicial proceeding?

And do you solemnly promise to tell the truth in this proceeding?

Legal Concepts & Fictions

Right to Understand

Canadian Charter of Rights

Charter…requires communication of the right, not a rote repetition of it.

Regina vs Evans Supreme Court of Canada [1991] 1 S.C.R. 869

Legal Literacy

1. Ability to read

complex material in

specialized language

2. Familiarity with

legal context

Legal Tasks

What to do?