Language and Voice Loss during Cross-Examination in Malawi’s Criminal Court Proceedings
摘要
Courtroom discourse is a key aspect of forensic linguistics, encompassing both spoken and written communication. A notable interaction in the courtroom occurs between lawyers and witnesses, which becomes more intense during cross-examination. Within such discourse, powerful players (lawyers) use language to their advantage, potentially silencing the voices of less powerful individuals (witnesses and suspects). This study aimed to analyse the strategies lawyers use to exert power over witnesses, which potentially leads to the witnesses losing their voice in the Malawian criminal justice system. The study was guided by two research questions: (1) How do lawyers exert power over witnesses and suspects? And (2) To what extent do witnesses and suspects lose their voice in criminal court proceedings? A qualitative approach was used, focusing on three homicide cases from the High Court of Malawi, Mzuzu District Registry. The Voice Projection Framework served as the theoretical basis. The study found that witnesses lose their voice through questioning as a tool for control, along with interruptions, coercion, and transcription interference. The study also argues that such loss of voice can result in mistrials, diminished credibility of testimonies, and delays in court proceedings within Malawi’s criminal justice system. The study recommends that Malawi’s criminal justice system allow witnesses as much practical freedom as possible during cross-examination to provide their testimony without being constrained by lawyers’ questions, interruptions, or coercion.