ABSTRACT

The aim of this work is to offer a brief analysis of the legal register in Truman Capote's In Cold Blood. By means of this register he is able to exercise power in such a way that he addresses a specific readership that will need to be acquainted with specific legal vocabulary in order to understand the story. We base our study on ggins and !artin's definition and characteri"ation of register and #orman $airclough's analysis of language and power. We will try to provide answers to the following questions% What lead the author to investigate a crime and subsequently write such a masterpiece& What importance does legal register have in the story& 'ow is this legal register used to exert power over the readers&

INTRODUCTION
)n (*+*, Truman Capote noticed a small newspaper item describing the mysterious murder of a -ansas ranch family of four members. )n an interview with The #ew .ork Times in (*//, he commented on that moment% 0123 4fter reading the story it suddenly struck me that a crime, the study of one such, might provide the broad scope ) needed to write the kind of book ) wanted to write. !oreover, the human heart being what it is, murder was a theme not likely to darken and yellow with time.5 4fter the discovery of that newspaper article, five years of intense research followed, during which time Capote became very close to the two murderers, 6ichard ugene 'ickock and 7erry dward 8mith. 'e talked to the townspeople of 'olcomb, where the murders were committed, and nearby 9arden City. 'e followed the police investigation and the eventual appeals process until the execution of 'ickock and 8mith in (*/+.

METHOD
)n order to analyse the question of register in this novel, we base upon ggins and !artin:s perspective of register and its characteri"ation through a series of critical observations. 4t the same time, we take into account the relation between the legal register used in In Cold Blood and the notion of power in discourse developed by #orman $airclough's Language and Power.

DISCUSSION
4ccording to ggins and !artin, 0the concept of register is a theoretical explanation of the common sense of observation that we use language differently in different situations. !ore technically, contextual dimensions can be seen to impact on language by making certain meanings, and their linguistic expressions, more likely than others.5 4 register is a semantic concept that can be defined as a configuration of meanings that are typically associated with a particular situational configuration of what the British linguist !ichael 'alliday calls 0field,< 0tenor5 and 0mode.< These concepts are taken by ggins and !artin to interpret the social context of a text, that is, the environment in which meanings are being exchanged. The Field of discourse refers to the social action% what is happening, the nature of the social action that is taking place= what it is that the participants are engaged in, in which the language figures as some essential component. The tenor of discourse refers to the role structure% who is taking part, the nature of the participants, their statuses and roles within a communicative exchange. The mode of discourse refers to the symbolic organi"ation of the text= what part language is playing, what it is that the participants are expecting the language to do for them in the situation and the function the text has in the context. These categories, belonging to the systemic functional approach >'alliday, (*?+@, can be applied to the analysis of register in In Cold Blood, particularly to the chapter that deals with the description of the trial. (@ Field% the situation takes place at a trial courtroom. ;@ Tenor% the participants that take part in the trial% the defendants, 6ichard 'ickock and 7erry 8mith, Audge Tate, the Aury, the assistant prosecuting attorney Bogan 9reen, the defendantsC lawyers, the witnesses, the members of the Aury, the typist and the security guards, among others. There is clear asymmetry observed in the relationship between the participants of this situation. Their statuses and roles are predetermined and fixed, governed by the existence of rules concerning the development of trials. There is a rigid hierarchy headed by the prominence of the Audge, who has the right to regulate >sustain or

overrule@ the crossEexaminations conducted by the attorneys by the questions they formulate. The forms the active parties in the trial used to address each other also reflect the tenor. This aspect is clearly illustrated by the conventional form used to address the maximum authority in the courtroom, the expression 0.our 'onor5. D@ Mode% due to the situation taking place, which is the development of a trial, the main channel of communication is spoken language. 4lthough the witnessesC first accounts of the events were written down, the interrogation presents an oral question E answer pattern. The discourse function being that of eliciting information and seeking confirmation.

LEGAL REGISTER
)t is employed in the legal profession and it covers the formulas and styles of both the courts of law and such documents as contracts and writs. The variety of language used in legal register in all nglishEspeaking countries is called Begal nglish. )t contains a number of specific features such as formality, speciali"ed terminology, complex linguistic structures, high density and different punctuation. Besides, some terms have their roots in the history of the development of nglish as a legal language.

Main features of legal English% - Legal ter s% 8ome of the legal terms found in In Clod Blood are%
F 4dAourn%

to postpone or suspend the hearing of a case until a future date. .g.% 0Court

had adAourned5. >p. ;G*@.

4dvocate% (. one who exercises a right of audience and argues a case for a client in

legal proceedings= eg.% 08oon after the original arraignment of 8mith and 'ickock, their advocates appeared before Hudge Tate...5 >p. ;+?@.
F

4llegation% any statement of fact in a statement of case. The assertion, claim,

declaration, or statement of a party to an action, made in a pleading, setting out what he

expects to prove. g.% 0The allegation, which was untrue, irritated the detectives...5 >p. ;;G@.
F

4rraignment% procedure whereby the accused is brought before the court to plead to g.% 08oon after the original

the criminal charge against him in the indictment or information. The charge is read to him and he is asked to plead <guilty< or <not guilty<. ;+?@.
F

arraignment of 8mith and 'ickock, their advocates appeared before Hudge Tate...5 >p. 4ttorney% a person who is apointed by another and has authority to act in behalf of Bench% (. the seat of a Audge in the court. ;. 4 group of Audges or magistrates sitting g.% 0J#owJ, said

another. g.% 0...the defence attorneys frequently consulted the defendants.5 >p. ;+?@.
F

together in a court or all Audges, collectively. D. The court itself. 'arrison 8mith, adressing the bench, ...5.
F

County Court% the powers and Aurisdiction of such courts are governed by state

constitutions or statutes, some with strictly administrative, or strictly Audicial functions, or a combination of both= some have exclusive Aurisdiction, others current Aurisdiction= such Aurisdictional powers may, in addition, be either general or specific.
F

CrossEexamination% the questioning of a witness by a party other than the one who

calles him to testify. g.% 0The defence waived crossEexamination, a policy they pursued with the next three witnesses...5 >p. ;G;@.
F

Kefendant% a person against whom court proceedings are brought. The accused in a

criminal case. g.% 0)nformed by the defendants that they were without funds to hire legal counsel...< >p. ;I*@.
F

$orgery% the offence of making a false instrument in order that it may be accepted as

genuine, Thereby causing harm to others. g.% 0'e tried gambling and started frging cheques...5 >p. ;((@.
F

Barceny% the unlawful taking of personal property with intent to deprive the rightful !otion% an application made to a court or Audge for purpose of obtaining a rule or

owner of it permanently. g.% 0...larceny, Aailbreak, car theft. ) got five to ten years.<
F

order directing some act to be done in favour of the applicant. g.% 0...their advocates appeared before Hudge Tate to argue a motion urging comprehensive psychiatric examinations for the acussed.5 >p. ;+?@.
F

!urder of the first degree% in the L84, any murder that is willful and premeditated. g.% 0We the Aury find the defendant, 6ichard ugene 'ickock, guilty of murder in first

degree...5 >p. ;**@. +

7laintiff% a person who brings an action= the party who complains or sues in a civil

action and is so named on the record. g% 0)t was hopeless because though Kr. Hones agreed to elaborate, the plaintiffs were entitled to obAect...5 >p. ;?/@.
F

7lea% a formal statement in court by or on behalf of an accused person as a response to 7olygraph >lieEdetector@% it is an electromechanical instrument used to determine

the charge made against him.

F

whether an examinee is truthfully answering questions. )t simultaneously measures and records certain psychological changes in the human body which it is believed are involuntarily caused by an examinee's cautious attempt to deceive an interrogator. g.% 0...Msprey:s sheriff 1...3 was understandably anxious to have the two men questioned an a polygraph examination administered.5 >p. ;+N@. F 7robate court% a court having general powers over probate of wills, administration of estates, and, in some states empowered to appoint guardians or approve the adoption of minors. g.% 0 ...Counsel 8mith suggested that the present situation was far more graver than a simple sanity hearing in probate court.5 >p. ;+*@.
F

7rosecution% a Lnited 8tated 4ttorney for a federal district on behalf of the L8 g.% 0 ...the prosecution had promised to produce a mystery man.5 >p.

government. ;GD@.
F 8anity

hearings% a preliminary inquiry into the mental competency of a person to stand

trial, though it may be held at any time without the criminal proceeding.
F

8entence% the Audgement of a court stating the punishment to be imposed on a 8ession% the <session< of a court is the time during which it actually sits for a

defendant who has pleaded guilty to a crime or been found guilty by the Aury.
F

transaction of Audicial business, and hence terminates each day with the raising of the court.
F

8laughter% the killing of many people or animals, especially cruelly, wrongly or in Testimony% a statement given by a competent witness under oath or affirmation g.% 0...8omeone whose testimony

battle= massacre.
F

offered as evidence of the truth of what is stated. associates you and 'ickock with this case.5 >p.;;*@.
Trespasser%

one who enters upon property of another without any right, lawful

authority, or express or implied invitation, permission, or license, not in performance any duties to owner, but merely for his own purpose, pleasure or convenience. g.% 0!r Clutter seldom encountered trespassers on his property...5 >p. ((@. /

Trial% a Audicial examination, in accordance with law of the land, of a cause, either

civil or criminal, of the issues between the parties, whether of law or fact, before a court that has proper Aurisdiction. g.% 0The trial resumed on !onday morning...>p. ;?D@.
F

Oagrancy% at common law the act of going about from place to place by a person

without visible means of support, who is idle, and who , though able to work for his or her maintenance refuses to do so but lives without labour on the charity of others. g.% <...a man came along and arrested me for vagrancy.<
F

Oenue% the particular county, or geographical area, in which a court with Aurisdiction g.% 0The advisability of a change of venue was

may hear and determine a case. discussed...5

F Oerdict% F

a Aury:s findings of the matters referred to it in a criminal or civil trial.

Witness% a person whose declaration under oath >or affirmation@ is received as

evidence for any purpose. Mne who is called to testify before a court. g.% ...5the state summoned its first witness.5 >p. ;G;@. - !or al register an" ar#hai# "i#tion% Begal nglish, shows the tendency towards stiffness and the formality characteristic of the the legal register. This tendency is hightened by the unusual density of oldEfashioned syntax and antiquated vocabulary. $or instance, in the novel, we found the compund adverb 0heretofore5, which means 0up until now5% 0'eretofore, 'ickock had not known that his partner had informed the police of the proposed assault.5 >p. ;G?@. )n addition, courtesy is another feature of formal register. )n In cold Blood, we found the vocative 0.our 'onour5 during the trial% 0Hudge Tate 1...3 asked, 9entlemen of the Aury, have you reached your veredicts& Their foreman replied% We have, .our 'onour5. - Latinis s% Begal nglish shows the influence of 6oman Baw and the Batin in which it was administered. nglish law grew out of a system that evolved in the !iddle 4ges, when Batin, bolstered by the power and prestige of the 6oman Church, was the lingua franca throughout urope for witten texts and for intellectual exchanges. !oreover, 6oman law was a coherent written system that had been developing in urope for centuries and which had the force of an institution.Therefore, some of its precepts and formulations have come to be part of Begal nglish. G

)n In Cold Blood, we found the following legal terms of Batin origin%

Alibi: a defence to a criminal charge alleging that the defendant was not at the place at g. <...But of course the Aurney:s true purpose was to arrange an alibi... < >p. DN/@.

which the crime was committed and so could not have been responsible for it. Capital punishment% death >usually by hanging@ imposed as a punishment for crime. The term originates from the Batin capitalis P0regarding the head5. g. <...'arrison 8mith 1...3 took as his main theme the evils of capital punishment...< >p. ;*+@.

Certiorari: a writ of common law origin issued by a superior to an inferior court requiring the g. <...The Court 1...3 denied the appeals by refusing to grant the writs of certiorari that would have

latter to produce a certified record of a particular case tried therein. entitled the apellants to a full hearing before the Court...< >p. D;*@. !abeas corpus: a prerrogative writ used to challenge the validity of a person:s detention, either in official custody or in private hands. g. <...8chult" filed his habeas corpus petition, ...< >p. D(*@.

)nsanity% a defect of reason, arising from mental disease, that is severe enough to prevent a

defendant from knowing what he did >or what he did was wrong@. 4 person accused of a crime is presumed sane and therefore responsible for his acts, but he can rebut this presumption and escape a conviction if he can prove that at the time of committing the crime he was insane. The term comes from the Batin Insania. g. <...Bogan 9reen, who, certain that 0temporary insanity5 was the defence his antagonists would attempt to sustain... < >p. ;+*@.

#otify% 1from Batin notificareEnotus3 if you notify somebody of something , you officially inform g. <... 4w, come on. Quit it. "otif# the police ...< >p. ;(I@.

them about it. >formal word@.

F

Per se: by itself= in itself= taken alone= by means of itself= inherently= in isolation= g. <... Hudge Tate, old !r. $leming and 'arrison 8mith, whose careers were imperiled E not

unconnected with other matters= simply as such in its own nature. because of the appellant's allegations per se, but because of the apparent credit the Bar association bestowed upon them...< >p. D(*@. - Ter s of !ren#h origin%

These terms are also survivals from the early stages of development of nglish Baw. With the #orman invasion of ngland in (N//, Austice came to be administered in native #orman $rench. xamples of legal terms of $rench origin in In cold Blood are: Parole% when prisoners are given parole, they are released before their prison sentence is due to end, on the condition that they behave well. g. <...Kick had received his parole on the condition that he reside with his parents... < >p. ;;@. $oir dire:1#orman $rench% <to speak the truth53 the preliminary examination by a Audge of a witness to determine his competence or of a Auror to determine his qualification for Aury service. g. <... 4s for the Aurors that were chosen, at least two had clearly indicated a presumption of guilt during the %oir dire examination ...< >p. D(?@.
7ronounce%

to pass Audgement.

g. <... Hudge Tate 1...3 apointing a comission of three 9arden City doctors and directing them to pronounce a verdict upon the mental capacities of the prisoner...< >p. ;/N@. Mther features of legal register include redundance, frequency of performative verbs and euphemisms. This leads us to the third question% how is this legal register used to exert power among the readers& This question can be answered considering #orman $aircloughCs chapter three called 0Kiscourse and 7ower5, in which he explores various dimensions of the relations of power and language that perfectly relates to our analysis of legal register. This author distinguishes two maAor aspects of the powerRlanguage relationship% (. 7ower in discourse ;. 7ower behind discourse )n the case of the novel concerning us, it was a bit controversial whether to place it in the first or the second category because both of them overlap in many respects and both of them can be considered to label the novel. Mn the one hand, we decided that the novel can be a clear example of power in discourse because the author, the powerful participant, exercises power over the readers, the nonEpowerful participant, by controlling and constraining their :contributions:. These constraints are on% 4. Content$ on what is said or done. *

B. Relations$ the social relations people enter into discourse. C. Su%&e#ts$ the :subAect position: people can occupy. 4ll these constraints are illustrated in the novel. The author, Truman Capote, has control over readers due to the use of a technical and formal register, for it is the prerogative of powerful participants to determine which discourse type may be legitimately drawn upon. )n spite of being an example of power in discourse, In Cold Blood is undoubtedly a novel which entails the notion of hidden power. This is the case since the novel >written discourse@ involves participants who are separated in place and time and the nature of the power relations enacted in it is often not clear. To make it more visible, we can distinguish the novel from faceEtoEface discourse in order to see two main reasons for seeing In Cold Blood as involving hidden relations of power. The first reason is that in faceEtoEface interaction participants alternate between being the producers and the interpreters of text, but in the discourse of the novel there is a sharp divide between producers and interpreters. The second reason is that in faceEtoEface discourse, producers design their contributions for the particular people they are interacting with P they adapt the language they use, and keep adapting throughout an encounter in the light of various sorts of :feedback: they get from coEparticipants. But the discourse of the novel is designed for mass audiences, and there is no way that producers can even know who is in the audience. 4nd since all discourse producers must produce with some interpreters in mind, what novel writers do is address an ideal reader. Thus, writers exercise power over readers since they have sole producing rights and can therefore determine what is included or excluded, how events are developed and represented, what language to use, and even determine the subAect positions of their readers. Capote is in a dominant position as he himself declares it% 0!y feeling is that for the nonfictionEnovel form to be entirely successful, the author should not appear in the work. )deally, once the narrator does appear, he has to appear throughout, all the way down the line, and the )E)E) intrudes when it really shouldn't. ) think the single most difficult thing in my book, technically, was to write it without ever appearing myself, and yet, at the same time, create total credibility>2@)t's a question of selection, you wouldn't get anywhere if it wasn't for that. )'ve often thought of the book as being like something reduced to a seed. )nstead of presenting the reader with a full plant, with all the foliage, a seed is planted in the soil of his mind. )'ve often thought of the book in that sense. ) make my own comment by what ) choose to tell and how ) choose to tell it. )t is true that an author is more in control of fictional characters because he does anything he wants with them as long as they stay credible. But in the nonfiction novel one can also manipulate% )f ) put something in which ) don't (N

agree about ) can always set it in a context of qualification without having to step into the story myself to set the reader straight.5 >Capote, (*//@ This is related to the notion of cultural capital. ven though Capote is the

authority and decides what to write and what not to, readers can also be in a dominant or nonEdominant position depending on their cultural capital. The dominant class is richer in cultural knowledge and therefore they will be able to manipulate and grasp the meaning of the text more accurately. 4ll these characteristic of power in discourse are implicit in the novel, that is to say, they are not apparent to the readers= that is why they are considered an example of hidden power. Mn the other hand, we have also decided that In Cold Blood is at the same time an example of power behind discourse, in which case the whole social order of discourse is put together and held together as a hidden effect of power. 7ower behind discourse has to do with the power effect whereby a discourse type with its own properties comes to be imposed upon all of those involved, in this particular case, the writerEauthor as well as the readers. But the power behind the conventions of a discourse type belongs not to the writerEauthor himself but to the institutional powerEholders, such as the publishing house or the 8tate which can constrain the writerCs writing as well as his way of expressing his worldview. To sustain our consideration that In Cold Blood is also an example of power behind discourse, we would give a special aspect of this kind of power which has nothing to do with the constitution of orders of discourse and their component discourse types, but with access to them. #orman $airclough states that there are constraints on access to the discourse types. Kiscourse in formal situations, more specifically the legal discourse used in In Cold Blood, is difficult and demanding since it depends on special knowledge and a skill which has to be learned. $ormality is a common property of practices and discourses of high social prestige and restricted access. )t is a contributory factor in keeping access restricted, for it makes demands on participants above and beyond those of most discourse, and the ability to meet those demands is itself unevenly distributed. Bimitations on the access to legal discourse, constrain understanding and interpretation of such discourse and the rules and conventions which govern it.

((

What is more, formality is best regarded as a property of social situations which has peculiar effects upon language forms. 4s a property of social situations, it manifests in an accentuated form the three types of constraints aforementioned% contents, subAects and relations. )n terms of contents, discourse in a formal situation is subAect to exceptional constraints on topic on relevance, and in terms of more or less fixed interactive routines. )n terms of subAects, the social identities of those qualified to occupy subAect positions in the discourses of formal situations are defined more rigorously than is usual, and in terms of public positions or statuses. )n terms of relations, formal situations are characteri"ed by an exceptional orientation to and marking of position, status and SfaceC= power and social distance are overt and consequently there is a strong tendency towards politeness. 7oliteness is based upon recognition of differences of power, degrees of social distance, and oriented to reproducing them without change. The peculiar effects of formality on language forms follow from these accentuated constraints. We find levels of structuring of language above and beyond what is required in nonEformal discourse. This structuring can affect any level of language, for instance, the allocation of turns at talking to participants, or encounters may have to proceed according to a strict routine which lays down stages in a fixed sequence. There is a requirement for consistency of language forms% the vocabulary must be selected from a restricted set throughout. Care should be taken to use correct grammar and vocabulary. These constraints are reflected on the reader, who needs to have a specific knowledge of the legal terms used in the novel and the way in which they are presented in it, specially during the trial as well as an understanding of the roles of the characters key in the development of the story such as detectives, the -B), the Hudge and the Aury and to be able to relate and distinguish the way in which different legal systems work in different countries, in this case the L84 legal system. $ormal situations could be regarded as adding an extra constraint to the three that have been previously mentioned, which are associated with the exercise of power% a constraint on language form. 4n average reader would have problems in understanding the following excerpt from the book% 0'ickock continued writing letters protesting his conviction, and one of these at last bore fruit. The recipient, verett 8teerman, Chairman of the Begal 4id Committee of the -ansas 8tate Bar 4ssociation, was disturbed by the allegations of the sender, who insisted that he and his coEdefendant had not had a fair trial. (;

4ccording to 'ickock, the 'hostile atmosphere' in 9arden City had made it impossible to empanel an unbiased Aury, and therefore a change of venue should have been granted. 4s for the Aurors that were chosen, at least two had clearly indicated a presumption of guilty during the %oir dire examination P Swhen asked to state his opinion of capital punishment, one man said that ordinarily he was against it, but in this case no' E= unfortunately, the %oir dire had not been recorded because -ansas law does not require it unless a specific demand is made. !any of the Aurors, moreover, were Swell acquainted with the diseased. 8o was the Audge. Hudge Tate was an intimate friend of !r. Clutter.C< Complex syntax and specific vocabulary render the reading activity an intricate process. The use of densely packed information, formality, nominalisation, together with the dynamics of the trial forces the reader to make an extra effort to arrive at an appropriate interpretation of the book.

(D

CONCLUSION
'aving analy"ed the novel, we have come to the conclusion that by using legal register, the author exerts power by placing himself in a dominant position and thus creating distance with the average reader who may not be acquainted with it. Writing in legal language constrains the access to a full comprehension of the novel. Besides, if the reader belongs to a different cultural background he will encounter further difficulties regarding the legal system structure of the Lnited 8tates.

(I

RE!ERENCE
E E E E Capote, Truman >(*//@ In Cold Blood& $irst published in the L84 by 6andom 'ouse (*//. '(ford Collocations dictionar# for students of )nglish >;NND@ Mxford% Mxford Lniversity 7ress. '(ford *ictionar# of Law +,--./ Mxford% Mxford Lniversity 7ress. ggins, 8u"anne T !artin, H.6. >(**G@. 0enres and 1egisters in *iscourse& Chapter *. )n Oan KiAk, Teun 4 >comp.@ Kiscourse 8tudies, Ool.(% Kiscourse as 8tructure and 7rocess& 849 7ublications. E E E E E $airclough, #orman >(*?I@. Language and Power& Chapter D <Kiscourse and 7ower5. Bongman 9roup L- Bimited (*?*. nrique 4lcara" OarU and Brian 'ughes. >;NN;@. Legal translation e(plained. Chapter (% 08ome 7ointers to the Binguistics of Begal nglish.5 http%RRwww.guardian.co.ukRbooksR;NN*RnovR(/RtrumanEcapoteEinEcoldEblood Mctober /th, ;N(;. (;.D( p.m. http%RRwww.nytimes.comRbooksR*GR(;R;?RhomeRcapoteEinterview.html&VrW(. Mctober /th, ;N(;. ;.I+ p.m. http%RRwww.merriiamEwebster.comRdictionary

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4lioto, Baura !ariel Cesarin, 6omina 9isele )ademarco, 9abriela !anchiola, Constan"a 6abar, Kenise 6odrigue",BelXn 8errano, Oaleria

!eatures of Legal Register in Tru an Ca'ote(s In Cold Blood )*+,,Mutline A%stra#t

The aim of this work is to offer a brief analysis of the legal register in Truman Capote's In Cold Blood. By means of this register he is able to exercise power in such a way that he addresses a specific readership that will need to be acquainted with specific legal vocabulary in order to understand the story. We base our study on ggins and !artin's definition and characteri"ation of register and #orman $airclough's analysis of language and power. We will try to provide answers to the following questions% What lead the author to investigate a crime and subsequently write such a masterpiece& What importance does legal register have in the story& 'ow is this legal register used to exert power over the readers&

Intro"u#tion Metho" Dis#ussion Legal Register Con#lusion

(/

(G