THE INTEGRATION OF BANKING AND TELECOMMUNICATIONS: THE NEED FOR REGULATORY REFORM

(Jeff_L) #1
368 JOURNAL OF LAW AND POLICY


  1. Professor McMenamin’s work is not accepted as
    sound science within the linguistic community....
    The process of authorship identification is predicated
    on the assumption that writers may betray their
    individuality by certain features, and that if two
    documents share certain features in common there may
    be grounds for assuming that they have the same author.
    Note however that a similarity in features is not by itself
    a ground for assuming that two documents have the same
    author. That depends, rather, on how widespread these
    features are in the population as a whole....
    It follows that if we have no information about the
    statistical frequency of various features of written texts,
    we can make no scientific assumptions as to whether they
    provide good evidence of authorship or not....
    McMenamin has not troubled to do the work of
    statistical analysis necessary to teach scientific
    conclusions about the authorship of documents—neither
    in his report or in his published writings on the
    subject....
    In the absence of a prior statistical analysis,
    McMenamin has no scientific basis for distinguishing
    those features of a document that are likely to be likely
    cues of authorship, nor does he have any grounds for
    assuming that the appearance of the same feature... in
    two texts offers significant evidence of common
    authorship. In effect, he has no way of distinguishing
    left-handed redheads from right-handed brunettes.
    Scientifically speaking, McMenamin’s analyses are
    worthless.^91
    These reviews of forensic stylistics from other academically
    degreed linguists suggest two important points for judges to
    consider. First, forensic stylistics is not considered standard
    linguistics by well-established, highly regarded linguists.
    Second, there is certainly no general acceptance of the method,


(^91) Id.

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