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The Language of Crime

THE LANGUAGE OF CRIME, Peter M. Tiersma, Lawrence M. Solan, eds., The Oxford Handbook of Language and Law, 2012

Brooklyn Law School, Legal Studies Paper No. 263

Loyola-LA Legal Studies Paper No. 2012-14

27 Pages Posted: 8 Mar 2012 Last revised: 29 Mar 2012

Peter Tiersma

Loyola Marymount University, Loyola Law School (Deceased)

Lawrence M. Solan

Brooklyn Law School

Date Written: March 7, 2012

Abstract

Many crimes are generally performed by using language. Among them are solicitation, conspiracy, perjury, threatening, and bribery. In this chapter, we look at these crimes as acts of speech, and find that they have much in common – and a few interesting differences. For one thing, they involve different acts of speech, ranging from promises to orders. For another, most language crimes can be committed through indirect speech. Few criminals will say, “I hereby offer you a bribe,” or “I hereby engage you to kill my spouse.” Thus, many of the legal battles involve the extent to which courts may draw inferences of communicative intent from language that does not literally appear to be criminal. Yet the legal system draws a line in the sand when it comes to perjury, a crime that can only be committed through a direct fabrication. We provide a structured discussion of these various crimes that should serve to explain the similarities and difference among them.

Keywords: crime, speech act, sincerity, perjury, bribery, solicitation, threats

Suggested Citation

Tiersma, Peter and Solan, Lawrence M., The Language of Crime (March 7, 2012). THE LANGUAGE OF CRIME, Peter M. Tiersma, Lawrence M. Solan, eds., The Oxford Handbook of Language and Law, 2012; Brooklyn Law School, Legal Studies Paper No. 263; Loyola-LA Legal Studies Paper No. 2012-14. Available at SSRN: https://ssrn.com/abstract=2017652

Peter M. Tiersma (Contact Author)

Loyola Marymount University, Loyola Law School (Deceased)

United States

Lawrence M. Solan

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-0357 (Phone)

HOME PAGE: http://www.brooklaw.edu/lawrence_solan

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