The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself condenses legal and procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings.
This article presents an evidence-based analysis of the communicative influences on children’s engagement in the Youth Justice System of England and Wales. The multidisciplinary criminologist–linguist ‘YOT Talk’ project utilized Svalberg’s (2009) dimensions of engagement (cognitive, affective, social; augmented by behavioural) to explore the enablers of, and barriers to, children’s engagement with youth justice assessment processes. A tripartite mixed methodology of observation of assessment interviews, questionnaires with children in the Youth Justice System and youth justice practitioners, and focus groups with practitioners was implemented across three Youth Offending Teams in England and Wales. Analyses synergized methods from conversation analysis and corpus linguistics. Findings inform recommendations for refocusing youth justice assessment and staff training on facilitating children’s communicative engagement (that is, enhancing enablers and removing/minimizing barriers). These findings and recommendations challenge asymmetrical (adult-centric) power dynamics during assessment interviews and challenge perceptions of children’s communicative deficits as irreconcilable barriers to effective assessment.
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