Lesson 5: Aids to Construction and Language as Evidence

Flashcards on Aids to Construction and Language as Evidence

Aids to Construction

Tools used to interpret ambiguous statutes, including intrinsic and extrinsic aids.

Intrinsic Aids

Aids to construction found within the printed statute itself.

Extrinsic Aids

Aids to construction found in extraneous facts and circumstances outside the printed statute.

Title (as aid to construction)

Used to clarify obscure meanings of a statute and ascertain legislative intent.

Ebarle v. Sucaldito

Case example: Executive order no. 264 only applies to administrative and not to criminal complaints.

When to avoid using title

If the text of the statute is clear and free from doubt, avoid using its title to make it obscure.

Preamble

Part of the statute that states the purpose and reason for the law's enactment, usually in 'whereas' clauses.

When Preamble cannot be used

When the meaning of a statute is clear and unambiguous, the preamble cannot expand or restrict its operation.

Preamble function

Opens the minds of lawmakers to the purpose, mischief to be remedied, and object to be accomplished by the law.

People v. Purisima

Case example: Carrying a weapon requires motivation related to subversion, rebellion, or public disorder as an element of the crime.

Context of Whole Text

Ascertaining legislative intent by considering the statute as a whole and in relation to one another.

Punctuation Marks

Aids in construction of low degree; can solve ambiguities but cannot control against the intelligible meaning of words.

Florentino v. PNB

Case example: Discretion applies only to the last antecedent in the phrase 'who may be willing to accept the same for such settlement.'

Headnotes or Epigraphs

Secondary aids prefixed to sections of a statute for reference; not controlling over plain terms.

Lingual Text

In case of ambiguity, Spanish may be consulted to understand the English text if officially promulgated in both languages.

Intent or Spirit of Law

Controlling factor in interpreting a statute; courts cannot assume an unexpressed intent.

Policy of Law

The judiciary should give effect to the policy of the law, especially in cases of doubtful meaning.

Tinio v. Francis

Case example: The policy of the law is to conserve the land of the homesteader.

Cajiuat v. Mathay

Case example: Policy against double pensions for the same service.

Purpose of Law

The purpose and object of the law, the mischief intended to be removed are important factors in statutory construction.

Dictionaries

Used to define words or phrases used when a statute doesn't provide a definition.

Consequences of Various Constructions

A construction causing injustice, hardship, or absurdity should be rejected.

Presumptions

Principles like constitutionality, completeness, and prospective operation are presumed in statutory construction.

Language as Evidence

The use of linguistic analysis in legal contexts, particularly in police interviews and interrogations.

Importance of correct processes

Understanding correct processes and legal parameters for interviewing can determine whether a confession is accepted as evidence.

Interviewing

The first and lowest level of interaction with a possible suspect.

Questioning

The next level of interaction with a suspect, requiring some circumstantial evidence.

Interrogation

The most serious level of questioning, occurring after arrest and fulfilling caution obligations.

Interrogation environment

Should take place in a formal interview room, often recorded, with balanced seating and a non-aggressive tone.

Reasons for confession

Include exoneration, deception, conscience, minimizing involvement, or surrender in the face of evidence.

Exoneration

Offering a suspect the opportunity to explain the evidence leading to their arrest.

Explanation to Minimize Involvement

Providing an additional explanation of their involvement to reduce their level of culpability.

False Confessions

Confessions that must be verified for truthfulness.

Sacrificial Confessor

Occurs when a person is assigned or sacrificed to take the blame for a crime.

Voluntary Confessors

Step forward to take the blame, often to protect someone; their false confession can be exposed through questioning about hold back details.

Mentally Ill False Confessor

May falsely confess due to a need for notoriety, self-punishment, psychosis, or Munchausen Syndrome.

Munchausen Syndrome

A mental disorder where a patient fakes illness to gain attention and sympathy.

Linguistic Evidence in Court

Includes miscommunication due to dialect differences, interpretation of linguistic actions, and comprehension of legal documents.

Trademark Cases

Linguistic evidence can be used to determine the similarity or genericness of a name.

Author Attribution

Identifying the author or style of digital texts.

Technical Expertise

Acoustic engineering may be required in analyzing taped conversations.

Question Specificity

Legal practitioners should be specific in asking questions during investigation, questioning, or interrogation.

Anti-Terrorism Law

Republic Act 11479, subject to analysis for vagueness.

Reasonable Grounds for Belief

Necessary to interrogate a suspect

Caution Obligations

Obligations of the police after the suspect has been afforded the opportunity to speak with a lawyer

Open Rapport

Setting a non-aggressive tone and establishing an open rapport with the suspect

Organizational Pawns

Persons of lower status within the group is assigned or sacrificed to take the blame for a crime in place of a person of higher status

Hold Back Details

false confession can be exposed by questioning the confessor about the hold back details of the event.

Miranda warnings

Legal documents and statutes jury instructions, Linguistic Evidence can be used for comprehension and intelligibility of it

Digital Texts

Source/style of digital texts, Linguistic Evidence can be used for profile or individual identification