Forensic Linguistic Expertise: Evaluation of Probable Conclusion

The article concentrates on the possibility of using probable conclusions of forensic linguistic expertise in the process of proving. The problem of the admissibility of the expert's report with a probable conclusion is of topical character and has two possible solutions, neither of which is established in the legislation. The author makes a comparative analysis of the terms "probable" and "probabilistic" expert conclusion. It is suggested that the term 'probabilistic conclusion' should be used for expert testimony in regards to natural science and technology, i.e. in cases where a quantitative assessment of the probability of this or that event is possible. The term "probable conclusion" is appropriate for forensic studies in regards to humanities. It is indicated that the expert's probable conclusion should be substantiated in the research part of the expert report. The grounds on which the linguistic expert reaches a probable conclusion are analyzed. When assessing a forensic linguistic expert report with a probable conclusion, the law enforcement agency should not automatically consider this evidence inadmissible. The reasoning part of the expert's report should be examined, the grounds for the impossibility of giving a categorical answer should be identified, and the expert's conclusion should be compared with other evidences in the case.