Linguistic Examination of Speech

Author-Related Research of Written Speech

The scientific basis of the author’s examination is the system of knowledge about the conditions and patterns of human speech behaviour, which determine the individuality of the written language, its dynamic stability and methods of authorship research. It is based primarily on data from linguistics and related data sciences (applied linguistics, ethnolinguistics, linguistic studies, sociolinguistics, psycholinguistics, etc.).

Subject of Author-Related Examination

The subject of the author’s examination is the factual data on the identity of the author (or performer) of the text and the conditions for compiling a speech message, which are established by the expert on the basis of special knowledge in the study of documents and other materials.

The following solutions are solved by the author’s examination:

• identification tasks (identification or differentiation) of the author of a written speech message;
• diagnostic tasks (recognition of the psychophysiological state of the author (performer) of the text; establishment of signs of operational stress; recognition of pathology of speech and mental processes);
• classification tasks (establishing gender, age, educational level; establishing the professional affiliation and social status of the author of the text);
• situational tasks (establishing the facts of composing a text in co-authorship; the fact of deliberate distortion of written speech; composing a text by one person and performing it by another person (performing a text under dictation or by rewriting).

Object of Author-Related Examination

The object of forensic autographic examination is the text of a speech message, or its fragment, as the realization of a person’s language skills (a product of a person’s speech activity, reflected in writing).

Issues to be resolved during the forensic author-related examination

An approximate list of issues that can be put to the solution of forensic author-related examination is given in the “Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies”, which were approved by the Order of the Ministry of Justice of Ukraine 08.01.1998 No. 53/5 (as amended):

1. Is a certain person the author of the text submitted for research?
2. Is a certain person the author of several different texts?
3. Are the author and performer of the text the same or different persons?
4. Is this text composed by several authors?
5. What features of the socio-biographical portrait of the author can be established from this text?
6. What is the main language of communication of a particular person – the author of this text?
7. What is the place of formation of speech skills (native language) of a certain person – the author of this text?
8. Are there any signs in the text that indicate that the author composed the text under the influence of any distracting factors?
9. Was the text of the document written by the person independently or under dictation, or was it made by rewriting?
10. Is the text of the document composed with a deliberate distortion of the signs of written speech?

Other issues can also be resolved by the author-related examination.

Examples of the formulation of questions that are submitted for the decision of the forensic autographic examination

1. Is the author of the text of the letter, which begins and, accordingly, ends with the words: “…”, Petrov A.O.?
2. Who exactly, Petrov Andrii Oleksandrovych or Ivanov Viktor Ivanovich, is the author of the anonymous letter, which begins and, accordingly, ends with the words: “…”?
3. Does the text of the receipt on behalf of Ivanov Viktor Ivanovich dated 03.04.2005 contain signs that indicate the composition of this text in an unusual psychophysiological state?
4. Does the text of the receipt on behalf of Ivanov Viktor Ivanovich dated 03.04.2005 contain signs that indicate the execution of the specified text under dictation or by rewriting?
5. Texts composed by the same or different persons, the first of which begins with the words: “…”, and the last ends with the words: “…”, in an 18-page notebook on the front cover of which an open book is depicted.
6. Was the text of the statement about the crime of April 5, 2010, signed by Ivanov Viktor Ivanovych, which is contained in the materials of the criminal proceedings (vol. 3 a. p. 21), drawn up together with law enforcement officers?
7. Is the author and performer of the handwritten text dated 22.01.2010, which begins and ends with the words: “..”, the same or different persons?
8. Does the author of the crime statement of September 11, 2013, and the interrogation protocols of September 26, 2013, and October 2, 2013, have the skills to draw up official and business documents?
9. What features of the socio-biographical portrait of the author can be established from the text of the anonymous letter, which begins and ends with the words: “…”?

Features of the appointment of forensic author-related examinations

When appointing an author’s examination, the investigator (court) must take into account the capabilities and the competence of the expert.

To solve the tasks assigned to him, the expert uses the information obtained from him/her with the help of special knowledge by studying the structural features of the text (identification signs of language and intellectual skills of written speech). The use of special knowledge in the investigation and disclosure of crimes occupies an important place in the system of domestic civil and criminal proceedings.

Peculiarities of preparation of materials and obtaining comparative samples for forensic author’s examination

The success of forensic author-related investigative research of written speech largely depends on the proper preparation and design of materials.

The “Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies”, which were approved by the Order of the Ministry of Justice of Ukraine on 08.01.1998 No. 53/5 (as amended), state that the solution of the questions posed to the author’s examination is possible if the volume of the studied text is approximately 100 words. At the same time, it should be noted that the main criterion for the suitability of a text for expert research is not its volume, but informational significance, therefore, subject to compliance with this criterion, author-related research can be carried out on smaller textual materials.

When reporting which document is submitted for research, it is necessary to indicate with which words it begins and with which words it ends, and if a part (fragment) of the text is submitted for examination, then it is necessary to indicate that it is the part, and not the whole text, that is subject to research.

The possibilities of forensic identification are largely determined by the quality and quantity of comparative material, in other words, its informativeness in terms of examination tasks.

The informativeness of the comparative material depends on two conditions: firstly, on how fully the samples reflect the features of the speech behaviour of the person being tested in the specific communication situation in which the text was created, and, secondly, on the comparability of the samples and the studied text according to the characteristics of the compared communicative situations.

During the preparation of materials for the authorship examination in order to establish authorship, the body (person) that appointed the examination (involved an expert) must collect free, conditionally free and experimental samples of written speech of the person to be identified.

The body (person) that appointed the examination (involved an expert) must mark each sample, i.e. indicate that it is a free, conditionally voluntary or experimental sample of written speech of a certain person (indicate his/her last name, first name, patronymic), and certify it with his/her signature.

Free samples of written speech are texts composed by a person(s) subject to identification, in circumstances that are not related to the case in which the examination is appointed, and before its initiation. Such samples should correspond to the text under study:

• by thematic focus, in thelanguage in which it was compiled, and, if possible, by the time of compilation;
• by the nature of the document, based on its purpose and scope of use (memorandum, personal letter, complaint, essay, scientific article, commentary, etc.);
• for other significant circumstances that could affect the formation of signs of written speech (the state of the author, if it is known that the author of the text under study at the time of its creation was in an unusual state for him, then it is desirable to present samples compiled by the author in a similar state).

The most essential requirement for free samples of written speech is the authenticity of their origin, therefore, in order to establish the conditions for the creation of these samples, it is necessary to interview the suspect (accused) and witnesses and record the results in the protocol, and each sample must be certified by its author and investigator (court).

The question of the number of free samples of written speech, which is sufficient to solve the identification task assigned to the experts, is also important. Here you need to consider the following:

1. The smaller the volume of the researched text, the more sample texts should be provided for comparative research;
2. The less comparable (within a certain functional style) samples are with the studied text in terms of purpose, topic, time of compilation, nature of the message, and addressee, the more they need to be provided. In general, expert practice indicates that if the researched text contains sufficient language material in terms of information and identification, then sample texts composed in the same style should be provided on at least 25-30 pages. At the same time, it should be noted that quite often samples are provided for examination in much smaller quantities, but due to their comparability According to the above parameters with the text under study, they are sufficient to identify the author, and therefore it is the communicative and stylistic homogeneity of the compared texts that is an important condition for the effectiveness of identification research.

Conditionally free samples are texts drawn up by a person(s) subject to identification in connection with the proceedings under investigation (explanations, complaints, statements, interrogation, oral explanations, etc.), or after the opening of proceedings (after passing the test under investigation), but not specifically for examination.

Experimental samples are texts composed by a person(s) subject to identification, at the suggestion and in the presence of an investigator or a judge specifically for conducting a forensic author’s examination. The advantage of these samples is their reliability, which is ensured by the fact that they are performed in the presence of an investigator (judge), as well as the possibility of their execution taking into account the situation of written communication, which ensures the stylistic homogeneity of comparative communication. material with the text of the document to be examined.

It is expedient to use the scheme of selection of experimental samples, in which the person being checked first composes an essay on an independently chosen topic, adhering only to the form of written speech within a certain style (application, complaint, receipt, etc.) and language of the message, which are indicated by the investigator (judge), and then independently composes a text on the topic proposed by the investigator (judge), in compliance with the peculiarities of the studied communicative situation of written communication (purpose, purpose,  the form of written speech, the nature of communication, the addressee).

The minimum length of each sample is approximately 100 words. If the sample text is less than the minimum, samples are selected in the form of texts on other topics. At the request of the expert, experimental samples may be selected, which differ in style and some other characteristics from the text of the document under study.

When determining the nature and scope of experimental samples, the body (person) that appointed the examination (involving an expert) takes into account how fully free and conditionally free samples are collected, and replenishes their shortage at the expense of experimental samples.

The total volume of experimental samples should be at least 5 independently composed texts on a free topic, as well as on a topic close to the topic of the text under study.

Finally, the sufficiency (and quality) of the comparative material is assessed by the expert, taking into account the specific expert situation and, if necessary, has the right to file a petition before the initiator of the examination for the provision of additional free and (or) experimental samples of written speech, which would ensure the complete and high-quality conduct of the study.

If the initiator of the examination does not comply with these requirements, the expert has the right to return the submitted materials without fulfilment.

If the investigator (court) has at its disposal only conditionally free or experimental samples, and for some reason, it is impossible to find free samples, then this should be indicated in the resolution (ruling) so that the expert does not send a petition for their provision.

The criterion for the sufficiency of the volume of comparative material is the provision of such a quantity by which it is possible to identify the individuality and stability of features in the studied object and samples.

All investigated objects and samples must be properly packed, sealed and certified in accordance with the procedure established by law. If the case file contains data on the peculiarities of identification, seizure, storage of research objects or other circumstances that could affect their properties and characteristics, they should be indicated in the document on the appointment of an examination (involvement of an expert) and duly certified copies of protocols of procedural actions should be sent to the expert institution (expert).

Based on the results of the study, the conclusions of the forensic autographic examination are drawn up in categorically positive, categorically negative, presumably positive, and presumably negative forms, as well as in the form of an IRI (it is impossible to resolve the issue).

In case of non-fulfilment of the expert’s request for the provision of research objects, additional comparative material or failure to perform other actions related to the examination, a notice of impossibility to provide an opinion is drawn up.

Semantic and textual study of speech

Semantic-textual research of speech is a subtype of examination of written speech, which is carried out in order to establish the objective content, stylistic and other linguistic features, etc.,  written or oral (the content of which is provided in the form of textual reproduction) texts and their individual components (fragments, statements, terms, concepts, words and phrases) that are important for the case.

Subject and tasks of semantic-textual research

The subject of semantic and textual expertise is the factual data  on the linguistic features of the text (written or oral, the content of which is provided in the form of textual reproduction), concepts, individual words and phrases, which are established by the expert on the basis of special knowledge during the study documents and other materials.

Semantic and textual examination of speech solves problems related to the objective content of the text (speech) as a whole, its individual fragments, expressions and words in the social context and taking into account the peculiarities of their stylistic design, etc.

Object of semantic-textual examination

The object of semantic and textual expertise can be both the text and its fragments, individual statements, concepts, words, inscriptions, etc.

If the task is to carry out a semantic and textual examination of an oral speech message, then the customer of the examination, along with a digital recording of the speech, must provide a verbatim textual reproduction of its content (shorthand), made by his/her own means.

In addition, it should be noted that in accordance with paragraph 2 of the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies, approved by the Order of the Ministry of Justice of Ukraine dated 08.10.1998 No. 53/5 as amended by the Order of the Ministry of Justice of Ukraine dated 10.01.2019 No. 83/5, the study of any images (drawings, photos), if their assessment requires special knowledge in the field of science,  art, technology, etc., goes beyond the scope of forensic linguistic examination.

At the same time, the popularity of computer-mediated communication has led to the emergence and active dissemination of text materials using various illustrations (creolized texts) in the public Internet space.  The same texts are often found in the genre of posters, comics, and in various Internet publications. All of them constitute a single visual, structural and semantic whole, which requires the analysis of these text materials in the context of their non-verbal component. These texts can be objects of forensic semantic and textual examination only if the content of their non-verbal component is generally known and its assessment does not require special knowledge in the field of science, art, technology, etc.

Issues to be resolved during the forensic semantic-textual examination

In the “Scientific and Methodological Recommendations on Preparation and Appointment of Forensic Examinations and Expert Studies”, approved by the Order of the Ministry of Justice of Ukraine dated January 8, 1998 No. 53/5 (as amended), the following indicative list of issues that may be submitted for resolution is given forensic semantic and textual examination:

1. What are the meanings of words, phrases, and phrases recorded in the studied text? (meaning certain words, phrases, phrases specifically defined by the customer).
2. What is the objective meaning of the studied phrase, sentence, text, or group of texts?
3. Does the text contain statements expressed in the form of calls for certain actions (specify which ones)? If so, are these calls public (or what is the nature and form of these calls)?
4. Does the text contain positive or negative information about a particular individual or legal entity?
5. Does the text contain offensive statements about a particular person?
6. Is the statement a factual statement or a value judgment?

This range of issues solved by linguistic experts is not exhaustive. During the semantic-textual examination, other issues related to its subject can also be resolved.

It should be noted that the content of the above questions is at the stage of revision since they do not fully reveal the content of the tasks facing semantic and textual expertise today.

Examples of the formulation of issues submitted for the solution of forensic semantic-textual examination

1. What is the objective content of the text (speech of a certain person (persons), statements of a certain person (persons)) available in the materials provided for the study?
2. What is the meaning of the part of the sentence “…” in the second paragraph of part one of Article 5 of the Agreement dated 05.08.2016?
3. Does it follow from the entire text of the marriage contract, and clause 6 in particular, that despite the fact that the three-room apartment, which is located at the address: Kyiv, St. Dankevich, house No. 12, apartment No. 8, is registered in the name of Petrov V.I., it is Ivanova T.M. who is the payer under the consumer loan agreement concluded on 05.08.2015?
4. Does it follow from the objective content of the letter, which begins with the words “…” and ends with the words “…” The fact that it refers to the transfer of certain information to the addressee?
5. Are the terms “own accounts” and “accounts of other recipients” identical taking into account the text of the agreement dated 05.12.2009?
6. Are the names in the copies of the documents identical?
7. Are there any substantive contradictions in the texts of the treaties submitted for research?
8. What is the interpretation of the term “general planning” based on the construction of the explanatory construction in parentheses?
9. Does the text of the Agreement dated 15.03.2017 meet the standards of official business correspondence in its structure, content, and stylistic design?
10. Are fragments of another specific text used in this text?
11. Does the content of the testimony of G.V. Ivanov and I.V. Petrov as witnesses in the resolution on the initiation of a criminal case dated 10.12.2017 correspond to the content of the text of the protocol of interrogation of witness I.V. Petrov dated 22.12.2017?
12. Does the text of the SMS messages set out on the page of proceedings 44-46, the text of the message posted on the social page “Facebook”, which is reproduced on the sheet of proceedings 41, as well as the audio recording contained in the envelope on the sheet of proceedings 117, entitled “Maria”, contain a threat of murder, a threat to life and health, as well as a threat of violence or destruction of property?
13. Does the text contain statements expressed in the form of an open or veiled threat of murder or the occurrence of undesirable consequences for a person of a material, official or personal nature?
14. Are there any statements in the speech of Ivanov S.P., which are contained on the optical disc “Verbatim” DVD-R, 4.7 Gb” submitted for examination, in the files “2017_05_08_1”, “201_08_09_12”, “2017_07_08_1”, the content of which is set out in the inspection protocol dated 12.05.2018, expressed in the form of an offer to provide Sidorov S.L. with some money?
15. Does the text contain statements expressed in the form of an offer to engage in sexual intercourse, persistent proposals, combined with promises to create better material or service conditions?
16. Does the audiovisual work submitted for examination contain calls to unleash an aggressive war or its propaganda and/or incitement to national, racial or religious enmity and hatred?
17. Are they contained in the text materials of newspapers, namely in publications entitled “…”, as well as in the texts of red stickers with the text “Communist Party of Ukraine Fight Fascism! Down with the President!”, “Communist Party of Ukraine Can’t the authorities hear you? Take up arms!”, statements expressed in the form of calls for violent change or overthrow of the constitutional order or seizure of state power, changes in the boundaries of the territory or state border
18. Ukraine, committing terrorist acts? If so, are these calls public?
19. Does the speech of Ivanov L.P., delivered by him at the rally on 12.02.2017, contain signs of incitement to national, racial or religious hatred?
20. Is there a logic-sequential connection between the telephone conversations that took place between G.P. Ivanov and I.A. Petrov  on 10.12.2010 in 10.20.11, 12.12.2010 in 11.50.12, 14.12.2010 in 10.02.21 (are in the flash drive “SP Silicon Power  8 GB” and recorded in the protocol on the results of retrieving information from telecommunication networks dated 02.03.2017 vol. No. 1 a. s. 174-178 of criminal proceedings), between G.P. Ivanov and his subordinate –  12.12.2010 at 12.15.35 (located in a flash drive “SP Silicon Power 8 GB” and recorded in the protocol on the results of interception of information from telecommunication networks dated 03.03.2017, vol. No. 2, a. s. 150 of criminal proceedings)?
21. Do the text materials and video provided for the examination contain information about the involvement of Ivanov G.P. in the fabrication of criminal cases?
22. Are there any DVD-R disc “TDK 4,7 gb 120-min” with an MP4 video file called “…” , DVD-R disc “TDK 4,7 gb 120-min” with an MP4 video file called “…”  ; DVD-R disc “TDK 4,7 gb 120-min” with an MP4 video file entitled “…” statements that contain signs of propaganda of the cult of violence and cruelty, namely the killing of stray dogs, as well as calls or other types of incitement of other persons to commit illegal acts, namely the killing of dogs, if so, in which speeches do such statements contain?
23. Does V.P. Ivanov’s statement in the publication entitled “Who is Petrov?”, posted by him on his Facebook page, contain elements of language that have a brutal, humiliating or obscene form?
24. Does the text of the publication titled “…” negative information about the People’s Deputy Ivanov H.P. and is it presented in the form of a factual statement or a value judgment?
25. Does the text contain publications titled “…” offensive statements about the person of I. M. Petrov?
26. Is the text material of the video provided for research an advertisement for certain products?
27. Does the text of the commercial contain statements and comparisons with other products that discredit the products of other manufacturers?

Peculiarities of the appointment of forensic semantic and textual expertise

When appointing a semantic and textual examination, the investigator (court) must take into account the capabilities and the competence of the linguistic expert. To solve the tasks assigned to him, the expert uses the information obtained by him with the help of special knowledge in the field of linguistics and other related fields of scientific knowledge (applied linguistics, ethnolinguistics, lingo-cultural studies, sociolinguistics, psycholinguistics, etc.), as well as manuals, academic scientific works, dictionaries, reference books and other scientific sources and special literature.

In this context, it should be noted that according to paragraph 2.3 of the Instruction on the appointment and conduct of forensic examinations and expert studies (Order of the Ministry of Justice of Ukraine dated 26.12.2012 No. 1950/5 “On Amendments to the Order of the Ministry of Justice of Ukraine dated October 8, 1998 No. 53/5”), an expert is prohibited from clarifying issues of law. At the same time, taking into account the fact that the body (person) that appoints the forensic linguistic examination (engages an expert) asks for help precisely because it cannot objectively assess the content of the text or its individual fragments, questions to the expert may be put in the form of legal qualifications, but the expert in the field of forensic linguistic examination must, at the same time, without going beyond his special knowledge (basic and obtained during special training),  find in reference and other literature the interpretation of the legal terms contained in the questions asked, and answer about the presence or absence of statements that by their content fall or may fall under these interpretations. At the same time, it is necessary to take into account the context of the speech message under study. The expert’s conclusion based on the results of such studies is not a legal qualification, but only an explanation of the objective meaning of the information contained in the text, from the standpoint of special knowledge in the field of forensic linguistic examination. This conclusion, like others, is only a source of evidence.

As a non-verbal context when conducting a linguistic semantic-textual examination, the information available in the resolution, ruling or letter of the initiator of the examination, well-known data, data that are widely covered in the media and do not raise doubts, axiomatic information that must be learned during general education, etc., can be used.

As for gestures and facial expressions, they can be taken into account as a non-verbal macro-context for oral speech only if they are again generally accepted, well-known (for example, the speaker points his finger at a specific object, a specific person, shakes his head as a sign of agreement or disagreement with something, etc.).  

Semantic and textual examination, as well as author-analysis, also involves a number of actions and decisions of the investigator and the court, namely: making a decision on the examination, choosing an expert institution or expert, selecting research objects, assessing the scientific reliability and evidentiary value of the examination.

Features of the preparation of materials for obtaining comparative samples for forensic author-related examination

When informing which text (written or oral) is submitted for research, it is necessary to indicate with which words it begins and with which words it ends, and if a part (fragment, statement) of the text is submitted for examination, then it is necessary to indicate that it is the part (statement) that is subject to research, and not the entire text, and quote it, or indicate with which words it begins and what words it ends with, but, at the same time, provide the text in its full presentation, including the fragment (statement) under study.

In the case when oral texts (speeches, interviews, conversations) are provided for the research, the customer of the semantic-textual examination, together with their audio or video recording recorded on any information carrier, provides a verbatim text reproduction (shorthand record) of the content of the objects of research with appropriate indications of extralinguistic factors important for the interpretation of the content (laughing, crying, shouting, pushing, shaking his head, etc.) and the presence of in the statements of participants in audio and video recordings of unintelligible words or expressions.

High-quality copies of text materials or screenshots of web pages of Internet sites can be provided for research.

All investigated objects must be properly packed, sealed and certified in accordance with the procedure provided for by law.