Courtroom Questioning As A Dynamic Process Of Linguistic Adaptation

The subject matter of this study is courtroom questioning which is understood as an adaptive linguistic choice making process, with a view to describing and understanding the complexity, functionality and dynamics of the interactional phenomenon concerned. Following Verschueren's Theory of Linguistic Adaptation (1999), we argue that courtroom questioning is an adaptive choice making process by the questioner according to the constantly changing context, the main components of which are the legal procedures, institutional power and psychological motivations. It is these contextual factors, we further argue, that the questioners adapt to in the process of questioning the defendants alike. A conceptual framework has also been constructed for the consistency and systematicity of description and interpretation of courtroom questioning in the whole study on the basis of the three contextual correlates already identified and Verschueren's understanding of language use as adaptation. For the category of adaptation to the legal procedures, three types of questions typical of courtroom trials are discovered: key-word questions, confirmation questions and consultative questions which are the result of long-time procedural adaptation so as to satisfy the institutional goal of solemnity, impartiality and efficiency. As institutional representatives, questioners in courtroom trials are conscious of their own position and therefore constantly adapt the questioning to their institutional power by resorting to intimidation and topic management whenever the respondents attempt to hide the truth or excuse themselves. From the data collected for the present study, we also find three strategies catering to psychological motivations, which include repetition, reformulation and juxtaposition. By means of these strategies, questioners can realize their specific communicative goals in courtroom interaction.The findings achieved in this study have both theoretical and practical implications for describing and understanding the operation of courtroom questioning in general and Chinese courtroom questioning in particular. The study of the dynamic process of courtroom questioning will shed some light on the resolution of civil disputes and the prosecution and defense of criminal cases. The investigation into the psychological adaptation will offer some insight into the strategies of courtroom questioning.