The defendant’s dilemma: Being cooperative without compromising their defence
In Chinese criminal trials, defendants face the dual tasks of providing information as “an object of interrogation” and defending themselves as a defendant. Against such a backdrop, they face the dilemma of being cooperative and defensive at the same time. This research investigates the practices they use to navigate this dilemma. A corpus linguistic analysis identifies two key features in defendants’ language: negation, and words associated with narration. These point to three main practices: defending with a (partial) denial, accounting for an “unexpected” lack of knowledge, and persuading through an uninvited narrative, practices which are explored through a fine-grained conversation analysis. Linguistic devices such as indirect responses, double verb constructions, extreme case formulations, and the mood adverb “也 ( ye )” contribute to the negotiation of the dilemma. It is found that a balance of defence and cooperation is key to a defensive response in the Chinese courtroom.
Authors
- Yan Chen (ORCID: https://orcid.org/0009-0009-7838-3703)
- Paul Drew
- Alison Johnson (ORCID: https://orcid.org/0000-0002-8757-8053)
Institutions
- University of Leeds (GB)
- University of Exeter (GB)
- University of York (GB)
Publication Details
- Journal
- Discourse Studies
- Published
- 2025-09-15
- DOI
- https://doi.org/10.1177/14614456251363733
- Citations
- 1
- Primary Topic
- Free Will and Agency
- Type
- article
- Field-Weighted Citation Impact
- 1.43