법정신문에 사용되는 질문유형과 통역
Question types during courtroom exam and interpreting
0
조회
0
다운로드
11
인용
0
참고문헌
키워드
초록
This paper examines question types used during courtroom examinations and how they are rendered by interpreters in interpreter-mediated courtroom examinations. This study, which draws on the naturalistic data of courtroom examinations, corroborates earlier findings that closed questions are predominant in Korean courtroom examinations and that different question types are used in examination-in-chief and cross-examination. The analysis of interpreted questions reveals that interpreters deviate from original questions,frequently failing to preserve the pragmatic meaning of the original question and asking more questions than originally asked in order to obtain substantive responses. This paper points out two additional issues in courtroom examination which may influence interpreting,namely indirect questioning and multiple questions. Examiners frequently ask questions indirectly, not addressing the witness in the first person. Examiners ask multiple questions, which makes it difficult for lay witnesses to rebut or respond to propositions and questions contained therein. These phenomena tend to lead interpreters to modify original questions. This paper concludes that court interpreters should be aware of questioning strategies of examiners and the importance of preserving the pragmatic meaning of questions during the examination,and finally calls for legal professionals to reflect on their questioning practices and cooperate with interpreters for better communication in the courtroom.
Abstract
This paper examines question types used during courtroom examinations and how they are rendered by interpreters in interpreter-mediated courtroom examinations. This study, which draws on the naturalistic data of courtroom examinations, corroborates earlier findings that closed questions are predominant in Korean courtroom examinations and that different question types are used in examination-in-chief and cross-examination. The analysis of interpreted questions reveals that interpreters deviate from original questions,frequently failing to preserve the pragmatic meaning of the original question and asking more questions than originally asked in order to obtain substantive responses. This paper points out two additional issues in courtroom examination which may influence interpreting,namely indirect questioning and multiple questions. Examiners frequently ask questions indirectly, not addressing the witness in the first person. Examiners ask multiple questions, which makes it difficult for lay witnesses to rebut or respond to propositions and questions contained therein. These phenomena tend to lead interpreters to modify original questions. This paper concludes that court interpreters should be aware of questioning strategies of examiners and the importance of preserving the pragmatic meaning of questions during the examination,and finally calls for legal professionals to reflect on their questioning practices and cooperate with interpreters for better communication in the courtroom.
참고문헌 (34)
- 건국대학교 법학연구소, "법의 이해 II 절차법편" (2006), 건국대학교 출판부
- 권기훈, "형사소송에 있어서의 올바른 증인신문 방법, In 사실인정 방법론의 정립", 법원도서관, 293~446 (2006)
- 김현수, "국민참여재판에서의 증인신문에 관한 고찰", 저스티스, (111), pp.214~245 (2009), 한국법학원
- 김현수, "증인신문과 공정한 재판", 한양법학, (31), pp.281~302 (2010), 한양법학회
- 법원행정처, "법정통역인 편람" (2009), 법원행정처
- 사법연수원, "증인신문기술" (2008), 사법연수원
- 이익섭, "국어문법론 강의" (1999), 학연사
- 이지은, "법정통역 담화분석연구: 사례연구를 중심으로", 번역학회 이화여대 공동주최 봄 학술대회 발표논문집, pp.191~198 (2011)
- 임동훈, "한국어의 문장 유형과 용법", 國語學, 60(60), pp.323~359 (2011), 국어학회
- 한상훈, "형사소송에서 공판중심주의", 고시계, 11, pp.34~45 (2006)
- 한위수, "증인신문제도의 문제점과 개선방안. 충실한 사실심리를 위한 재판운영방식의 개선", 1994년 11월 14일 대법원토론회 자료집, pp.10~27 (1994)
- Aldridge, Michelle, "Linguistic manipulation in legal discourse: Framing questions and “smuggling” information", The International Journal of Speech, Language, and the Law, 14, pp.85~107 (2007)
- Chang, Yanrong, "Courtroom questioning as a culturally situated persuasive genre of talk", Discourse & Society, 15(6), pp.705~722 (2004)
- Christensen, T. Paulson, "Judges’ deviations from norm-based direct speech in court", Interpreting, 10(1), pp.99~127 (2010)
- Danet, Brenda, "Fixed fight or free-for-all: An empirical study of combativeness in the adversary system of justice", British Journal of Law & Society, 7(10), pp.36~60 (1980)
- Dunstan, Robert, "Context for coercion: Analysing properties of courtroom ‘questions’", British Journal of Law & Society, 7, pp.61~77 (1980)
- Eades, Diana, "Sociolinguistics and the legal process" (2010), Multilingual Matters
- Griffiths, Andy, "Will it all end in tiers? Police interviews with suspects in Britain. Investigative interviewing: rights, research, regulation", pp.167~189 (2006), Willan
- Hale, Sandra, "How are courtroom questions interpreted?: An analysis of Spanish interpreters’ practices. The triadic exchange", pp.21~50 (2001), St. Jerome
- Hale, Sandra B, "The discourse of court interpreting" (2004), John Benjamins
- Harris, Sandra, "Questions as a mode of control in Magistrates’ Courts", Interactional Journal of the Sociology of Language, 49, pp.5~27 (1984)
- Heffer, Chris, "The language of jury trial: A corpus-aided analysis of legal-lay discourse" (2005), Palgrave Macmillan
- Jansen, Peter, "The role of the interpreter in Dutch courtroom interaction:The impact of the situation on translational norms. In Topics in interpreting research", pp.11~36 (1995), University of Turku, Centre for Translation and Interpreting
- Keselman, O, "Mediated communication with minors in asylum seeking hearings", Journal of Refugee Studies, 21, pp.103~116 (2008)
- Lakoff, Robin, "My life in court", GURT, 85, pp.171~179 (1985)
- 이지은, "A Case Study of an Untrained Interpreter’s Court Interpreting", 번역학연구, 11(1), pp.339~360 (2010), 한국번역학회
- Luchjenbroers, June, "In your own words ...: Questions and answers in a Supreme Court trial", Journal of Pragmatics, 27, pp.477~503 (1997)
- Maley, Yon, "Presenting the evidence: Construction of reality in court", International Journal for the Semiotics of Law, 10, pp.3~17 (1991)
- Oxburgh, Gavin E, "The question of question types in police interviews: a review of the literature from a psychological and linguistic perspective", The International Journal of Speech, Language and the Law, 17(1), pp.45~66 (2010)
- Pollabauer, Sonja, "Interpreting in asylum hearings: Issues of role, responsibility and power", Interpreting, 6(2), pp.143~180 (2004)
- Rigney, Azucena, "Questioning in interpreted testimony", Forensic Linguistics, 6(1), pp.83~108 (1999)
- Wadensjo, Cecilia, "Interpreting as interaction" (1998), Longman
- Walker, Anne, "Linguistic Manipulation, Power, and the Legal Setting. In Power through discourse", pp.57~80 (1987), Ablex Publishing Corporation
- Woodbury, Hanni, "The strategic use of questions in court", Semiotica, 48(3, pp.4) (1984), 197~228
