Turned in wrong paper for Disc. Comm.
Discourse Community Paper-
I began my discourse community paper not sure of what topic I wanted to pick. There were many communities that I thought would be interesting to research and look into. I could go to my dad’s work, could look into a hospital setting, or I could look at a court/ law setting. In the end I decided to look into the law field and find a suitable discourse community in this setting to observe. I was really excited to look into this discourse community since I hope to someday become a lawyer and go into the law field. Therefore, I was really happy to look into the discourse community that I would someday get to take part in. Looking into this discourse community I hoped to learn everything from what the job tasks were in the community to how members of the group communicated. I hoped to expand my knowledge of the field and group and better my chances of entering the field later on in life. I remembered a family friend who use to be a lawyer and is currently a judge. His name is john Trujillo and I decided to interview him and his expertise involving the court setting. When he was a lawyer he worked under the District Attorney and prosecuted child related crimes. He did not particularly like this job because of how sad most of his cases were. After this job he moved on to being a judge in the courtroom. When I went for my observation I could not observe his court room so instead I stepped in and observed a different court room with a different judge. However, the discourse community is very similar in every courtroom so it was a successful observation.
My research methods were very simple and easy to conduct. My observation was very relaxed and actually fun to conduct which I was not expecting. I got John Trujillo’s number from my parents and gave him a call. He was happy to do the interview and catch up with me. I had not seen him for a very long time. I met him at a café in the down town mall and we began with small talk. After a while I began the interview. He was very happy to answer all my questions except for some that he was not at liberty to answer. It was a great interview full of food, questions, and catching up. My observation was even simpler to conduct than the interview. I showed up at the courthouse on Picacho and Alameda. I entered the courthouse and had to go through a scanner and security. After this I was escorted to a courtroom and asked to sit in the corner and just watch quietly. I was not alone since there were many others observing and taking notes. After I had a feel for how the discourse community worked I ended my observation and left. When I got home I summarized my interview and observation and wrote it up on the computer so it would be easier to read.
There were many goals of the discourse community with links to every member in the group. To the general public it would seem that the court/ judicial system Is there to deploy justice, retribution, punishment, and rehabilitate. However, most of these aspects are not deployed in the court stetting; they come after in the correctional system. The goal of the court system directly is simply to determine guilt/innocence, review facts, and determine punishment. This discourse community was very interesting since all members are trying to accomplish different tasks which seem contradictive. However, the end goal was ultimately to give justice. The judge was trying to operate the courtroom in a lawful manner. She made sure due process was served and all the laws of the courtroom were observed. She also determined the punishment the defendant’s client would serve if found guilty. The defendant lawyer was trying to prove his client was innocent. The prosecutor was trying to prove the defendant’s client was guilty. There were also other individuals in the court room who played backseat roles like the police officer and note taker who helped the courtroom run smoothly and as efficient as possible. In the end even though all members of the discourse community had different objectives; the ultimate goal of the court room was to dispense justice.
Judge Trujillo in the interview talked about how there are many means of communication used in the court house. He began talking about how everybody talks to each other in the courtroom. He began with how everyone has a special way to talk. Respectful versions of speech are a must. He said everyone is respectful when talking to a judge and to the jury. If a person uses improper versions of speech such as being overly rude or using foul language the judge can find them in contempt of court and put the individual in jail. This occurs when a judge warns an individual to stop using a certain type of speech or to stop doing something in general, and the individual continues with these prohibited actions. In regards to communication types used in the courtroom there are many. Judge Trujillo in his interview said he uses everything from vocal communication to texting and emailing. He mainly uses vocal communication in the courtroom so everybody in the discourse community can hear his commands and verdicts. Other members in the courtroom also use vocal communication that way everybody in the courtroom knows what is going on. In private Judge Trujillo uses mainly emails. He gets in touch with prosecutors and other members of the discourse community in this manner. I asked him if he used physical mail very much and he said hardly ever. The last form of communication he uses are reports. He does not directly make the reports himself. He has a writing assistant who writes reports on each defendant that he sees. They record in the report how the proceedings in the courtroom went and the punishment to be conducted if the defendant was found guilty.
When I communicate I use many different forms of communication. Some are formal and some are informal. It depends on who I am talking to at the time. When I asked Judge Trujillo the purposes of the different forms of communication he said “it’s simply to get my message across”. He also talked about how he normally talks in a professional manner. I understand this very much since it would look very unprofessional of a person with so much power to talk informal. He discussed how a judge is a person who has to be seen as unbiased, professional, and intelligent. If he talked in slang or not formal he would be seen as unfit to perform his job. When he receives information through some channel of communication it is normally to update him on cases and precedents, get information from his superiors, or to help him communicate with prosecutors on cases. This slightly confused me. I did not realize that the judge communicated closely with prosecutors. He then told me that judges work closely with prosecutors when deciding the punishment an offender and pleas that will be bargained with.
When it comes to genres used repeatedly by Judge Trujillo he went over email. He said defending lawyers always are trying to get evidence thrown out of a case based on technicalities. His textual response back to the lawyer is normally very uniform. If it fits the criteria required to have evidence thrown out; then he will allow it to thrown out. If the lawyer is stretching to get evidence thrown out he allows the evidence to be used in court. It is important that he be uniform and follow the law when it comes to evidence so every defendant can have a fair trial. The thing I noticed that was good is everybody in the courtroom is affected by the admission or denial of evidence. If it is allowed the defendant must defend against the evidence. The prosecutor will attack with the evidence to try and get a conviction. The judge has to look at the evidence and decide if it is conclusive. Every member in the courtroom is tied to the evidence in one way or another.
In the courtroom setting it is amazing how much specialized language there is. The most common language one thinks of when they think of specialized language is the words objection, sustained, and I will allow it. These words or phrases are used when the prosecutor steps over the line and begins making statements in the courtroom that violate due process laws. When this occurs the defendants lawyer steps up and says objection. The judge then decides to allow the prosecutor to continue with his course of action or to stop the prosecutor in their tracks due to violations of court law. Another very common phrase used in the courtroom begins at the start of a case. It is the phrase ‘how do you plead’ and is said by the judge to the defendant directly. The defendant than says the famous line guilty or not guilty. As far as short term or acronyms used in the courtroom there are none. The speech is very formal and uniformly used by every member in the courtroom.
When it comes to the experienced and inexperienced it is very easy to tell. The judge is generally the most experienced member in the courtroom. Judges often start off as lawyers and move on later in life to become judges. There are also veteran lawyers who are marked by their ability to operate in a courtroom. They know what they are doing and seem confident. They are generally well organized and have long records of court cases in their history. They are generally older. An experienced lawyer can be a defendant lawyer or a prosecutor so one cannot tell from this. The young, inexperienced members in the court room generally include new lawyers and their clients. Clients are always new to the court room setting even if they have a past full of crimes. They often do not know how the system fully works and rely on guidance from their lawyer. The green lawyers normally have another more experienced lawyer with them. This is so they can see how it is done and take part in the process until they become proficient enough to engage in the process by themselves. They often learn genres, languages, and skills from graduate skill and courtroom guidance given to them by a veteran lawyer.
In my findings I discovered more than I thought I would. I had previously been to the courtroom, but I had never interviewed a member of the courtroom. I thought it was interesting all the things that Judge Trujillo told me. A lot of the stuff I did not have time to write down so I simply had to remember it. It felt like I was watching the discovery channel when I was listening to him because it was so interesting to hear. It did not feel like a homework project at all during the interview and observation. I liked how he made the profession seem exciting and showed me the steps he took to get to where he is now. I hope to take the same steps in the future and follow his path. One of the most observed things I saw was the levels of speech and how communication was performed. Everyone spoke loud and in a formal language so that it could be easily understood. Members in the courtroom used exciting, famous phrases such as how does the defendant plead and not guilty you honor. I also thought it was cool how often email was used by judge Trujillo. I did not realize that he got so much information from this means of communication, especially when it came to information regarding new precedents set by other cases. I am very happy to have participated in this assignment.