Publications

Publication details [#54875]

Heydon, Georgina. 2011. Silence: Civil right or social privilege? A discourse analytic response to a legal problem. Journal of Pragmatics 43 (9) : 2308–2316.
Publication type
Article in journal
Publication language
English
Place, Publisher
Elsevier

Annotation

This paper argues that in the particular institutional context of a police interview, it is foreseen by the legislators in many jurisdictions that ordinary people are able to easily use silence as an interactional resource, and likely without any supposition of listener prejudice. Drawing on Australian examples, It is concluded that by applying pragmatic principles, and especially the use of preference, it is possible to present a case against the impairment of the defendant's right to remain silent.