Non-traditional Authorship Attribution : The Contribution of Forensic Linguistics

paper
Authorship
  1. 1. Joseph Rudman

    Department of English - Carnegie Mellon University

Work text
This plain text was ingested for the purpose of full-text search, not to preserve original formatting or readability. For the most complete copy, refer to the original conference program.

INTRODUCTION
Black’s Law Dictionary (648) defines forensic
linguistics as:A technique concerned with in-depth evaluation of linguistic characteristics of text, including grammar, syntax, spelling, vocabulary and phraseology, which is accomplished through a comparison of textual
material of known and unknown authorship, in an
attempt to disclose idiosyncracies peculiar to authorship to determine whether the authors could be identical.
At the 2002 ALLC/ACH Conference in Tuebingen,
Laszlo Hunyadi et al. discussed some of the
contributions that humanities computing makes to
forensic linguistics. In this paper I point out the many contributions that forensic linguistics has and is making
to the larger field of non-traditional authorship
attribution -- contributions that are unknown or largely ignored by most non-forensic practitioners of non-
traditional authorship attribution (this statement is based on the lack of references to the wealth of studies in
forensic linguistics -- a quick glance at the bibliography will show some exceptions):
1) Immediacy
2) Techniques
3) Scientific Validity
4) Gatekeeping 5) Levels of Proof
6) Rules of evidence
7) Organization
The paper goes on to propose closer formal ties between the ALLC/ACH and the IAFL. In each of the following
sections, there is an emphasis on how the forensic
techniques should be employed by the non-forensic
practitioner and on the contributions of humanities
computing to the field.
IMMEDIACY
This section discusses how immediacy forces a more
careful, more restrictive methodology on the forensic practitioner (versus the non-forensic):
Forensic linguistics is a sub-set of authorship
attribution that is much more immediate and in many ways demands a “correct” attribution. Forensic
linguistics often deals in criminal guilt or innocence
-- with serious ramifications -- even life or death!
TECHNIQUES
This section discusses:
1) The necessity of employing corpus linguistic
techniques.
a) Looking at style markers as deviations from the norm.
b) Looking at grammatical, stylistic, spelling,
punctuation, and orthographical errors as style
markers.
c) The limiting of one control group to “suspects.”
2) The need for non-forensic practitioners to acquire
the skills necessary to navigate bibliographic
research in forensics (primary and secondary
resources in case law -- and the many
commentaries).
SCIENTIFIC VALIDITY
This section discusses:
1) The concept that all scientific methods should be brought to bear on an authorship problem -- e.g. handwriting analysis, paper analysis, type font
analysis.
2) The strict definition of expert witness -- and the role they are allowed to play -- e.g. guides to help the jury interpret the facts.
3) How methodology must be “generally accepted by the community of scholars” to be allowed.
GATEKEEPING
This section discusses:
1) The role of the courts (of various countries) as
gatekeepers.
2) The role of the International Association of
Forensic Linguists IIAFL as gatekeeper and
certifier of gatekeepers.
This does not mean that there are not flaws in the system -- e.g. allowing the Morton CUSUM method as a valid technique even after its debunking on live TV.
LEVELS OF PROOF
This section discusses:
How the “answer” is presented - while non-forensic practitioners for the most part present “probabilities”,
forensic linguistics presents a “preponderance of
evidence” concept and one of being “beyond a
reasonable doubt.”
RULES OF EVIDENCE
This section discusses:
The intricacies of the rules of evidence and how these rules can give direction to non-forensic
attribution studies. Rules of evidence are not
universal -- different countries have different rules -- in the United States, different states have different les. A set of rules distilled from all those available is advocated or the non-forensic practitioner.
a) Dauber
b) Post-Dauber
ORGANIZATION
This section discusses:
1) The IAFL, a “professional” organization with the
requirement that its full members show evidence of “linguistic qualifications.”
a) The IAFL’s journal -- Speech, Language and the Law (Formerly - Forensic Linguistics) Having a paper published here -- the implicit nihil obstat of the IAFL -- gives added weight to the credentials of the practitioner. Among other important journals are, Expert Evidence, Forensic Science International, and Journal of Forensic Document Examination.
b) The IAFL’s conference
The IAFL holds a biennial conference. The last one was in July, 2005 at Cardiff University, UK. Seven of the presented papers are of interest (and importance) to non-forensic practitioners -- e.g. Sanchez et al.’s
“Intra and Inter-author Comparisons: The Case of
Function Words: Are Function Words Really
Functional in Stylometric Studies of Authorship
Attribution.”
c) There are some members (formal and contributing) of ALLC and ACH that are also members of the
IAFL but their work published in non-forensic
journals is quite different.
CONCLUSION
Forensic linguistis is not a “perfect” discipline. One unfortunate aspect of forensic linguistics is the
adversarial role in presenting evidence -- many forensic
linguistic presentations, while not necessarily fraudulent
or even unethical are not in the best interests of
practitioners who want to present the “whole truth.” Another unfortunate side-effect of the judicial system on the complete reporting of authorship studies is the all
too common practice of “sealing” court records when a settlement is reached outside of the courtroom. I have seen some of these sealed records and only hope that the techniques will be duplicated and published elsewhere.I do not want to give the impression that non-forensic
attribution is a poor cousin with nothing to offer -- the many disciplines that form the bulk of the field (e.g. computer science, stylistics, statistics) are the “core” -- but this is for another time.
References
Aitken, C. G. G. (1993). “Conference Report:
Statistics and the Law.” Journal of the Royal
Statistical Society -- A Part 2. 156: 301-304.
Aked, J P., et al. (1999). “Approaches to the Scientific Attribution of Authorship.” In Profiling in Policy
and Practice. Eds. David Canter and Laurence
Alison. Aldershot: Ashgate. pp. 157-187.
Barnes, D W. (1983) Statistics as Proof: Fundamentals of Quantitative Evidence. Boston: Little, Brown and Company.
Belkin, R., and Y. Korukhov (1986). Fundamentals of Criminalistics. Moscow: Progress Publishers.
(Translated from the Russian by Joseph
Shapiro.) (See Chapter 5, “Criminalistic Study of
Documents.”)
Bailey, R W. (1979). “Authorship Attribution in a
Forensic Setting.” In Advances in Computer-Aided
Literary and Linguistic Research: Proceedings of the Fifth International Symposium on Computers in
Literary and Linguistic Research. Eds D.E. Ager, F.E. Knowles, and Joan Smith. Birmingham: John Goodman. pp. 1-15.
Black, B., et al. (1997). “The Law of Expert Testimony -- A Post-Daubert Analysis.” In Expert Evidence: A Practitioner’s Guide to Law, Science, and the FJC Manual. Eds. Bert Black and Patrick W. Lee. St. Paul, Minn.:West Group. pp. 9-71.
Brautbar, N. (1999). “Scientific Evidence.” In Ethics in Forensic Science and Medicine. Ed. Melvin A.
Shiffman. Springfield, Illinois: Charles C. Thomas. pp. 92-121.
Campbell, D. (1992). “Writing’s on the Wall.” The
Guardian Wednesday 7 October.
Canter, D. (1992). “An Evaluation of the ‘Cusum’
Stylistic Analysis of Confessions.” Expert Evidence
1.3: 93-99.
Carpenter, R H. (1990). “The Statistical Profile of
Language Behavior with Machiavellian Intent or While Experiencing Caution and Avoiding Self-
Incrimination.” In The Language Scientist as Expert in the Legal Setting: Issues in Forensic Linguistics. Eds. Robert W. Rieber and William A. Stewart. New York: The New York Academy of Sciences. pp. 5-17.
Chaski, C E. (2001). “Empirical Evaluations of
Language-Based Author Identification Techniques.”
Forensic Linguistics 8.1: 1-65. Chaski, C E. (1997).“Who Wrote it?: Steps Toward
a Science of Authorship Identification.” National Institute of Justice Journal 233: 15-22.
Coulthard, M. (1992). “Forensic Discourse Analysis.” In Advances in Spoken Discourse Analysis. Ed. Malcolm Coulthard. London: Routledge. pp. 242-258.
Drommel, R H., and U W. Lohr. (1990). “Text Attribution in a Forensic Setting.” ALLC-ACH 90 Conference. University of Siegen. Siegen, Germany. 4-9 June.
Eagleson, R D. (1989). “Linguist for the Prosecution.” In Words and Wordsmiths: A Volume for H. L.
Rogers. Eds. Geraldine Barnes et al. Sydney: The University of Sydney. pp. 22-31.
Finegan, E. (1990). “Variation in Linguists’ Analyses of Author Identification.” American Speech 65.4: 334-340.
Fitzgerald, J R. (2002). “The Unabom Investigation: A Methodological and Experimental Study from a Forensic Linguistic Perspective.” Preprint from the author. July.
Frederico, D R., and R A. Weiner. (2000). “Owning Daubert: Challenging Expert Testimony as a Defense Strategy.” For The Defense 42.11: 12-13, 47-48.
Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923).
Gallagher, M C. (1983). “Linguistic Evidence: Making a Case for Admissibility.” Legal Times (Washington, D.C.) July 4: 14, 19-20.
Grant, T., and K. Baker. (2001). “Identifying Reliable,
Valid Markers of Authorship: A Response to
Chaski.” Forensic Linguistics 8.1: 66-79.
Hardcastle, R A. (1993). “Forensic Linguistics: An
Assessment of the CUSUM Method for the
Determination of Authorship.” Journal of the
Forensic Science Society 33.2: 95-106.
Holmes, D I., and F J. Tweedie. (1995): “Forensic
Stylometry: A Review of the Cusum Controversy.” Revue Informatique et Statistique dans les Sciences Humaines 31: 19-47.
Hunyadi, L., et al. (2002). “Forensic Linguistics: The Contribution of Humanities Computing.” Paper
delivered at ALLC/ACH 2002. University of
Tuebingen 24-28 July.
Iancu, C A., and P W. Steitz. (1997). “Guide to
Statistics.” In Expert Evidence: A Practitioner’s Guide to Law, Science, and the FJC Manual. Eds. Bert Black and Patrick W. Lee. St. Paul, Minn.: West Group. pp. 267-318.
Klein, M S. (1997). “Empowering the Gatekeeper in the Post-Daubert Regime: Court-Appointed Experts
and Special Masters. In Expert Evidence: A
Practitioner’s Guide to Law, Science, and the FJC Manual. Eds. Bert Black and Patrick W. Lee. St. Paul, Minn.: West Group. pp. 425-450.
Kniffka, H. (1996). “On Forensic Linguistic ‘Differential Diagnosis.’” In Recent Developments in Forensic Linguistics. Ed. Hannes Kniffka (In cooperation with Susan Blackwell and Malcolm Coulthard). Frankfurt am Main: Peter Lang. pp. 75-121.
Kredens, K. (2004). “Investigating Idiolect Performance:
Towards a Methodology of Forensic Authorship
Attribution.” [Description of the Research Project.] Copy provided by author, 24 February.
Loue, S. (1999). “Junk Science and Frivolous Claims.” In Ethics in Forensic Science and Medicine}. Ed. Melvin A. Shiffman. Springfield, Illinois: Charles C. Thomas. pp. 122-128.
Matthews, R. (1993). “Linguistics on Trail.” New
Scientist 139.1887: 12-13.
Matthews, R. (1993). “Harsh Words for Verbal Fingerprints.”Sunday Telegraph 4 July.
McMenamin, G R. (2002). Forensic Linguistics:
Advances in Forensic Stylistics. Boca Raton: CRC Press.
McMenamin, G R. (2001). “Style Markers in Authorship Studies.” Forensic Linguistics 8.2: 93-97.
McMenamin, G R. (1981). “Forensic Stylistics.” [Chapter 39D (Vol. 4), (Rel. 17-6/94 Pub. 313)]
In Forensic Sciences. Gen. Ed. Cyril H. Wecht.
New York: Matthew Bender & Co., Inc. [5 Vol.
(loose-leaf) -- A continually updated series.]
McMenamin, G R. (1993). Forensic Stylistics New York: Elsevier, 1993. (Reprinted from Forensic Science International 58.)
Menicucci, J D. (1978). “Stylistics Evidence in the Trial of Patricia Hearst.” Arizona State Law Journal 1977.2: 387-410.
Miron, M S. (1990). “Psycholinguistics in the
Courtroom.” In The Language Scientist as Expert in the Legal Setting: Issues in Forensic Linguistics. Eds. Robert W. Rieber and William A. Stewart. New York: The New York Academy of Sciences. pp. 55-64.
Morgan, B. (1991). “Authorship Test Used to Detect
Faked Evidence.”The Times Higher Education Supplement (London)} 9 August.
Morton, A Q. (1991). “The Scientific Testing of Utterances:
Cumulative Sum Analysis.” Journal of the Law
Society of Scotland September: 357-359.
Mullin, J. (1991). “Confession Test Clears Prisoner.” The Guardian Thursday 11 July.
Musilova, V. (1993). “Forensic Linguistic Examination
of Anonymous Communications.” Journal of
Forensic Document Examination 6: 1-13.
Niblett, B., and J. Boreham. (1976). “Cluster Analysis in Court.” Criminal Law Review March: 178-180.
Nickell, J. (1996). Detecting Forgery: Forensic Investigation
of Documents. Lexington: The University Press of Kentucky.
Osborn, A S. (1975). The Problem of Proof: Especially
as Exemplified in Disputed Document Trials (2nd Edition), 1926. A Facsimile Edition. Chicago:
Nelson-Hall Inc.
Osborn, A S. (1978). Questioned Documents (2nd
Edition), 1929. A Facsimile Reproduction. Chicago: Nelson-Hall Co.
Sanford, A J., J P. Aked, L M. Moxey, and J Mulin. (1994). “A Critical Examination of Assumptions
Underlying the Cusum Technique of Forensic
Linguistics.” Forensic Linguistics 1,2: 151-167.
Smith, M W A. (1989). “Forensic Stylometry: A
Theoretical Basis for Further Developments of
Practical Methods.” Journal of the Forensic Science Society 29: 15-33.
Svartvik, J. (1968). The Evans Statements: A Case for Forensic Linguistics. Stockholm: Almqvist &
Wiksell.
Totty, R N., R A. Hardcastle, and J. Pearson. (1987). “Forensic Linguistics: The Determination of Authorship from Habits of Style.” Journal of the
Forensic Science Society 27: 13-28.
United States v. Hearst, 412 F. Supp. 893 (1976).
Winter, E. (1996). “The Statistics of Analysing Very Short Texts in a Criminal Context.” In Recent
Developments in Forensic Linguistics. Ed. Hannes Kniffka (In cooperation with Susan Blackwell and Malcolm Coulthard). Frankfurt am Main: Peter Lang. pp. 141-179.

If this content appears in violation of your intellectual property rights, or you see errors or omissions, please reach out to Scott B. Weingart to discuss removing or amending the materials.

Conference Info

Complete

ACH/ALLC / ACH/ICCH / ADHO / ALLC/EADH - 2006

Hosted at Université Paris-Sorbonne, Paris IV (Paris-Sorbonne University)

Paris, France

July 5, 2006 - July 9, 2006

151 works by 245 authors indexed

The effort to establish ADHO began in Tuebingen, at the ALLC/ACH conference in 2002: a Steering Committee was appointed at the ALLC/ACH meeting in 2004, in Gothenburg, Sweden. At the 2005 meeting in Victoria, the executive committees of the ACH and ALLC approved the governance and conference protocols and nominated their first representatives to the ‘official’ ADHO Steering Committee and various ADHO standing committees. The 2006 conference was the first Digital Humanities conference.

Conference website: http://www.allc-ach2006.colloques.paris-sorbonne.fr/

Series: ACH/ICCH (26), ACH/ALLC (18), ALLC/EADH (33), ADHO (1)

Organizers: ACH, ADHO, ALLC

Tags
  • Keywords: None
  • Language: English
  • Topics: None