A free online symposium examining the production and use of transcripts in criminal justice.
When
Thursday 11 March 2021 (morning in the UK, evening in Eastern Australia)
News
Research Hub for Language in Forensic Evidence established at University of Melbourne
The School of Languages and Linguistics, and the Faculty of Arts, University of Melbourne, have established a new Research Hub for Language in Forensic Evidence.
The Hub aims to coordinate collaborative research involving linguistics, law and law enforcement, along with other disciplines, with the intention of assisting Australian courts to ensure that forensic evidence involving language and speech is used fairly and in the best interests of justice.
New Handbook of Forensic Linguistics
The Routledge Handbook of Forensic Linguistics offers a comprehensive survey of the subdiscipline of Forensic Linguistics, with this new edition providing both updated overviews from leading figures in the field and exciting new contributions from the next generation of forensic linguists.
New article in Griffith Journal of Law and Human Dignity
Enhancing forensic audio: What works, what doesn’t, and why
by Helen Fraser
‘Enhancing’ has become a routine part of preparing indistinct covert recordings for admission as evidence in criminal trials. Typically, evaluation of its effectiveness is seen as a simple matter of listening to determine whether the enhancement sounds ‘clearer’ than the original. This seems like a straightforward approach, but it brushes over many important issues which can adversely affect the fairness of the trial. This article outlines findings from experiments, case studies and scientific literature to show how enhancing can affect perception in surprising and unpredictable ways, without listeners’ conscious awareness. Discussion demonstrates that enhancing exacerbates, rather than mitigates, known risks of the jury being misled by an unreliable transcript. The conclusion indicates the direction in which to seek better procedures.
Prize for best article
I am pleased and honoured to have been awarded the 2019 Rodney Huddleston prize for best article of 2018 in the Australian Journal of Linguistics for my paper Forensic Transcription: How Confident False Beliefs about Language and Speech Threaten the Right to a Fair Trial in Australia.
Good news on Call to Action
On 8 December 2017, Australian linguists submitted a ‘call to action‘, asking the judiciary to review and reform legal procedures for handling indistinct covert recordings. The call to action was endorsed by all four major linguistics organisations in Australia, and covered four main areas of concerns: transcription, translation, speaker attribution and enhancing.
Eye witness evidence is known to be highly unreliable – so how do ear witnesses compare?
Eyewitness evidence is known to be highly compelling in court
Unfortunately, it is also known to be highly unreliable
A very high proportion of wrongful convictions, discovered via DNA testing of historic evidence, have been shown to result from credible but inaccurate eyewitness testimony. (Check the Innocence Project for more detail.)
New article showing dangers of ‘enhancing’ forensic audio
The third in a series of experimental articles demonstrating some little-known dangers of using ‘enhanced’ versions of indistinct forensic audio used as evidence in criminal trials has appeared. Fraser, H. 2019. Enhancing and priming at a voir dire: can we be sure the judge reached the right conclusion? Australian Journal of Forensic Sciences. The abstract and link are below.
IAFL full program now available
Check out the full program of the upcoming IAFL conference (1-5 July) – now available via this direct link. Be sure to check back nearer the date though, as there are bound to be last-minute changes.
International Pragmatics Association Conference in Hong Kong
Today I participated (remotely) in a very interesting session on Sociolinguistic and sociotechnical approaches to official transcripts at the 16th Conference of the International Pragmatics Association, in Hong Kong.
Some fabulous IAFL keynotes coming up!
The IAFL 2019 Conference will include a thought-provoking and engaging programme of keynote presentations representing academic scholarship, professional legal and language practice, law enforcement and the judiciary on the International Association of Forensic Linguists conference theme of Access to Justice through Language. I’m proud to say I’ll be one of them!
IAFL workshops for linguists and lawyers – Melbourne 1 July 2019
The International Association of Forensic Linguists (IAFL) Conference is preceded by a day of workshops for linguists and lawyers.
Get a preview of the exciting offerings below
Just $75 for each three-hour workshop, held on Mon 1 July at RMIT in Melbourne CBD.
How much can ‘enhancing’ improve the clarity of indistinct forensic audio?
Indistinct forensic audio is commonly ‘enhanced’ to assist the jury in making out its content.
The reasoning is: though ‘enhancing’ rarely if ever makes unintelligible audio intelligible, it might make it a little clearer, and if it doesn’t, well, there’s no harm done. But that’s not quite right, as a recent article in The Conversation shows via a dramatic demonstration.
International Congress of Phonetic Sciences (ICPhS) – Melbourne 5-9 Aug
This year, the International Congress of Phonetic Sciences (ICPhS) will be held in Melbourne, 5-9 August 2019. As well as many other interesting topics, there is a section on forensic phonetics. I’ll be there! It is too late to submit an abstract, but please consider joining us for one of the biggest phonetics conferences in the world.
Want to participate in forensic experiments?
I am planning a series of new experiments on perception of indistinct forensic audio. It would be great to have a list of potential participants. If you are willing to help, please contact me. Don’t worry you will not be committing to anything, and you can opt out at any time. Below are answers to a few questions you might have – if you have another question, feel free to contact me and I will respond directly.FAQ
Short informative article for lawyers about dangers of police transcripts of indistinct audio
I’m pleased and honoured to have been able to collaborate with Prof J Peter French, world renowned expert in forensic phonetics, to write a short and informative article for Australian lawyers about the dangers of providing police transcripts of indistinct covert recordings used as evidence in court.
International Association of Forensic Linguistics (IAFL) conference
This year the conference of the International Association of Forensic Linguistics (IAFL) will be held in Melbourne from 1-5 July 2019. The information blurb is below. Note you have a little over a month to submit your abstract (due by 15 Feb).
New podcast on forensic transcription by the Macquarie Dictionary team
Forensic Linguistics – Crime and Punishment
New article on forensic transcription, written for linguists
My article ‘Forensic Transcription: How Confident False Beliefs about Language and Speech Threaten the Right to a Fair Trial in Australia’ has recently been published online by the Australian Journal of Linguistics, the official journal of the Australian Linguistics Society (ALS).
Tutorial on forensic transcription Tues 4 Dec 2018, Sydney
I will be running a half-day tutorial on Forensic Transcription on Tuesday 4th December as part of the Tutorial Day preceding the Speech Science and Technology conference hosted by ASSTA and UNSW, and held in Coogee (a beachside suburb of Sydney). It will be possible to register for the tutorial day only – or of course you can stay and enjoy the full conference, which has some great keynote speakers.
My take on the laurel-yanny phenomenon
Well there has certainly been a lot of publicity for the laurel/yanny clip recently. It is great to have so many people discussing speech and speech perception – but also a little disheartening that so much misinformation gets accepted as valid phonetics.
Linguistics seminar UNE 26 April 2018
What do problems of forensic transcription reveal about theory and practice of transcription in linguistics?
Legal precedent based on false beliefs proves hard to overturn
New article in The Conversation
Legal precedent based on false beliefs proves hard to overturn
Judges consider their profession to be among the most accountable of those whose opinions and actions shape our society – but what happens when they make a mistake in their judgments? After all – judges are only human: mistakes must happen, however rarely.
Two new papers
Two new academic papers give detailed background on the legal and linguistic issues behind the problems with the use of covert recordings as evidence in criminal trials that are canvassed on this site.
Plenary session at the Australian Academy of Forensic Sciences
Covert recordings as evidence in criminal trials
Problems and solutions from the perspective of forensic phonetics
SPEAKER: Dr Helen Fraser
Summary: Covert recordings are collected during investigation of most major crimes, providing vital intelligence to detectives. Some are also used as forensic evidence in court: it is here that major problems can arise. Covert recordings are often very indistinct, and can easily be misinterpreted. In one colourful example, ‘he died after wank off’ was shown to be a mishearing of ‘he died after one cough’ (French and Stevens 2006). Over the past thirty years, the law has developed practices intended to overcome anomalies like this, and ensure juries reach a reliable interpretation of what is said, and who says it, in forensic audio.
A call to action: Australian linguists call on the judiciary to reform practices for using covert recordings as evidence in court
Recent meetings of the Australian Linguistic Society (ALS) and the Applied Linguistics Association of Australia (ALAA) voted unanimously to send a Call to Action to the Australasian Institute of Judicial Administration (AIJA), asking them to facilitate review and reform of current practices for admission and use of covert recordings as evidence in criminal trials.
Flinders Symposium on Miscarriages of Justice: Institutional and Systemic Errors in Australia’s Criminal Law
The Flinders Second Symposium on Miscarriages of Justice
Institutional and Systemic Errors in Australia’s Criminal Law
24-25 November 2017 – Flinders University City Campus, Victoria Square, Adelaide
WORKSHOP: Forensic transcription and translation – How the law gets it wrong, and how linguistics can help set things right
Are you a scholar of linguistics? Please consider joining us for the following workshop, which is part of the Australian Linguistics Society 2017 Conference at University of Sydney, 4-7 December 2017
Ignorance is not bliss: by Dr Georgina Heydon
My friend and colleague Georgina Heydon will present this paper on 26 Oct. I heard her deliver similar content during her inaugural lecture as President of IAFL in July and cannot recommend it highly enough.
Randy Newman: Can he or can’t he?
Here’s a short snippet of audio which people hear in different ways.
What do you think – does he say ‘I can’ or ‘I can’t’?
Why not take a straw poll of your friends and colleagues to see what they think – then read on for a scientific perspective!
Translators and covert recordings
Many covert recordings contain speech in languages other than English. How should this be presented to the jury? Obviously simply providing a transcript is not enough. The speech needs to be translated into English to enable the court to understand what is going on. The process is called forensic translation.
‘New directions for law in Australia’ is out!
ANU Press has now published New Directions for Law in Australia: Essays in Contemporary Law Reform. The book is available free as a download, or at a cost as a print-on-demand hard copy.
My chapter
How Interpretation of Indistinct Covert Recordings Can Lead to Wrongful Conviction: A Case Study and Recommendations for Reform (PDF, 0.1MB)
Find the audio version here to hear all the examples and audience reactions
Sydney Ideas – Wrongful conviction and truth – 29 August
The Sydney Ideas Post Truth Initiative Series examines fake news, alternative facts, lies, bullshit, and propaganda, from a range of perspective–from the courtroom to cancer research, from philosophy to screenplays, from Orwell to Sean Spicer–with the goal to better understand the post-truth crisis, and to advise on how facts and reason might survive in this climate.
New BBC Radio 4 show about forensic phonetics
Impressionist Rory Bremner explores the role of the human voice in forensic phonetics.
Forensic phonetics – or voice identification – has long been used in legal proceedings to help determine if the voice on a recording is that of the defendant. But with the electronic age enabling the recording and storage of more data than ever before, its role in criminal investigations is changing rapidly and the race is on to “fingerprint the human voice”.
‘Assisting’ listeners to hear words that aren’t there: dangers in using police transcripts of indistinct covert recordings
ABSTRACT Results are reported of a new experiment using an indistinct covert recording from a real murder trial, along with the police transcript admitted to ‘assist’ the court to hear its contents. Previous research using the same material has shown that the police transcript is inaccurate, yet nevertheless highly influential on the perception of listeners ‘primed’ by seeing words it suggests. The current experiment examines the effects of priming participants with a made-up phrase that vaguely fits the acoustics of one section of the recording. Results indicate that a very high proportion of listeners are easily ‘assisted’ to ‘hear’ the made-up phrase. Discussion argues that audio of this quality should only be used as evidence if accompanied by a reliable independent transcript.
Real forensic experts should pay more attention to the dangers posed by ‘ad hoc experts’
ABSTRACT Recent years have seen a great deal of attention given to the reliability of expert evidence admitted in criminal trials. However, almost no attention has been given to the reliability of evidence provided by so-called ‘ad hoc experts’. Indeed, many forensic scientists seem unaware that such a category of witness even exists, much less of the substantial threats they pose to the fairness of our criminal justice system. ‘Ad hoc experts’ are used for a number of evidence types. Here, we concentrate on one type that appears in Australian courts on a weekly basis: interpretation of indistinct covert recordings. The aim is to draw the attention of AJFS readers to serious problems in the handling of this much-used form of evidence, in the hope that the AAFS might develop a position on the issues and support calls for reform of practice.
Findings of find-the-phrase experiment published in Australian Journal of Forensic Sciences
Thanks so much to those who generously gave their time to participate in the recent find-the-phrase experiment.
The findings (along with discussion) have now been published in the Australian Journal of Forensic Science, along with a guest editorial explaining some of the background and motivation for the experiment.
Brave New Worlds: Challenges for Evidence in the 21st Century
National Judicial College of Australia Conference 2017
4 to 5 March 2017
The National Judicial College of Australia and the ANU College of Law invite you to attend their annual conference to be held at the John Curtin School of Medical Research at the Australian National University in Canberra on 4 & 5 March 2017.
JonBenét audio: how to make scratchy, indistinct audio intelligible, without twiddling a single knob
This topic is now covered as part of Forensic Phonetics 101 > Enhancing at Rethink Speech. Hope to see you over there …
Results of the enhancing experiment, and an opportunity to do it yourself
This topic is now covered as part of Forensic Phonetics 101 > Enhancing at Rethink Speech. Hope to see you over there …
How to ensure language and speech evidence is used appropriately in court
The Australian Linguistic Society‘s Annual conference (Monash University 7-9 December 2016) will include the following workshop, convened by Diana Eades and Helen Fraser, with speakers Kate Burridge and Georgina Heydon, and special guest, retired Federal Court Judge, The Hon. Peter Gray.
Another miscarriage of justice with characteristics similar to our case study
In 2009, a Sudanese teenager known to the press as JB was convicted of the murder of Sydney man Edward Spowart, largely on the evidence of a case worker who testified JB confessed the murder to him in a private conversation.
The law doesn’t always learn important lessons about forensic evidence as quickly or effectively as it should
Here’s a news item giving background to the appointment, and subsequent resignation, of former South Australian judge, Brian Martin, as head of the Royal Commission investigating allegations of abuse in Northern Territory juvenile detention centres.
The parallel world of forensic translating and interpreting
Phonetics is not the only branch of linguistics (the science of language) that confronts problems caused by false beliefs entrenched in the law as part of ‘common knowledge’.
The topic of translating and interpreting in legal contexts has many similarities to forensic transcription. Many of the issues are caused by what is often known as the ‘conduit metaphor’.
What can be done about wrongful convictions?
The difficulty of providing fresh evidence of wrongful conviction that emerges after the trial and associated appeals have been concluded is discussed at this interesting but troubling event hosted by Sydney University:
Video of NLRC talk
Here’s a video of a 20-minute talk I gave at the National Law Reform Conference. It summarises the main issues raised on this website – and I think the audience found it interesting and enlightening.
Legal Aid Conference and National Investigators Symposium
I’ll be speaking at the National Investigators Symposium in November, and at the Legal Aid Conference in June.
National Law Reform Conference, ANU
I’ll be speaking at the National Law Reform Conference on 14-15 April 2016.
UPDATE: Hear my talk here! Just 20 minutes for an overview of this whole site.
FURTHER UPDATE: New talk covering similar material but from different perspective and with some updated info is at Video of NJCA talk.
‘Hearing voices’ and ‘speech forensics’
Check out this new website by European journalist Michele Catanzaro showing examples from around the world of actual and potential miscarriages of justice due to poor use of speech evidence: