Abstract
In this paper we discuss the empirically documented difference in a mock-jury judgement task between native speakers of English and speakers of English as a second language. We discovered a difference between these two populations in the understanding of events described by witnesses with regard to the use of verbs may and might. The events described with may were scored much higher on the possibility and witness certainty scales than when the same events were described with might by the non-native English speakers. On the other hand, the native speakers of English did not judge the events described with may and those with might differently. Further, the results for the non-native speakers did not vary based on their L1. A closer look at a sample of textbooks has provided support for the hypothesis that it is the L2 instruction materials and a specific learner strategy that are the most likely causes of the significant difference in inference and judgement between the two speaker groups. We discuss these findings in light of their applicability in, and their relevance for, legal contexts of witness testimony and jury judgement as well as their pedagogical implications and applications.
Acknowledgment
The author hereby expresses gratitude to the anonymous reviewers who have been extremely helpful and whose comments have inspired numerous improvements in the paper. Thanks are also due to the journal editor, Li Wei, for providing an expedient and supportive review process. Any remaining errors are exclusively the author’s.
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Websites
http://www.learnersdictionary.com/qa/what-is-the-difference-between-may-and-might
http://www.qlmediation.com/author/andrewhildebrand/
http://www.liverpoolecho.co.uk/sport/liverpool-fc-certainly-europe-next-9273951
Appendix
Experimental stimuli
Statement 1
There was a lot of noise in front of the co-op. Two men were having a heated discussion in a foreign language. When Mr Jimenez threw the bottle towards the car, the man standing beside it may have been hit. [version 2: When Mr Jimenez threw the bottle towards the car, the man standing beside it might have been hit.]
Statement 2
I was standing at the bus stop, waiting for the 9.07 to the park &ride. Jerry was running very fast around the corner and that is the moment when he must have collided with the postman.
Statement 3
I was sitting on one of the new benches. The man rushed into the park, past the benches and then made a sharp turn towards the playground. He might have thrown the bag before entering the playground. [version 2: He may have thrown the bag before entering the playground.]
Statement 4
I was standing on the platform when suddenly a man appeared out of nowhere. He reached for his pocket watch, he looked a bit nervous. I then saw him hobble over to the information desk, and after chatting to a railway worker there he moved along. He may have dropped the keys somewhere around there. [version 2: He might have dropped the keys somewhere around there.]
Statement 5
The knocking on the door was deafening but I did not open. I was not expecting anybody at that hour. It will have been a prank by the rowdy kids next door.
Statement 6
He was speaking very slowly, asking for directions to the ferry. I had an impression that he was an elderly man, like in his 70ies or something, because of his low husky voice and all, but he might have been younger, just pretending to sound older, you know what I mean? [version 2: he may have been younger]
Raw scores by participant
Possibility of Occurrence Scale
Participants | L1 En | L2 En | L1 En | L2 En | L1 En | L2 En | L1 En | L2 En |
MAY | MAY | MIGHT | MIGHT | MUST | MUST | WILL | WILL | |
P1 | 3 | 3 | 3 | 1 | 5 | 5 | 4 | 4 |
P2 | 3 | 3 | 2 | 1 | 4 | 4 | 4 | 4 |
P3 | 3 | 3 | 4 | 2 | 6 | 6 | 5 | 4 |
P5 | 3 | 3 | 3 | 2 | 6 | 5 | 4 | 4 |
P6 | 2 | 3 | 2 | 1 | 5 | 5 | 4 | 4 |
P7 | 3 | 3 | 2 | 2 | 5 | 5 | 4 | 4 |
P8 | 4 | 4 | 3 | 2 | 6 | 6 | 5 | 5 |
P9 | 3 | 3 | 3 | 2 | 6 | 6 | 5 | 4 |
P10 | 3 | 3 | 3 | 1 | 5 | 5 | 5 | 5 |
P11 | 3 | 4 | 4 | 2 | 6 | 6 | 5 | 5 |
P12 | 3 | 3 | 3 | 2 | 5 | 5 | 5 | 4 |
P13 | 2 | 3 | 2 | 1 | 4 | 4 | 4 | 4 |
P14 | 3 | 4 | 3 | 2 | 5 | 6 | 5 | 5 |
P15 | 2 | 3 | 3 | 1 | 5 | 5 | 4 | 4 |
P16 | 3 | 4 | 3 | 3 | 6 | 6 | 6 | 5 |
P17 | 2 | 3 | 2 | 1 | 4 | 4 | 4 | 4 |
P18 | 2 | 3 | 3 | 2 | 5 | 5 | 5 | 5 |
P20 | 3 | 3 | 3 | 3 | 5 | 5 | 5 | 5 |
P21 | 2 | 3 | 2 | 1 | 4 | 4 | 4 | 4 |
P22 | 4 | 3 | 3 | 2 | 6 | 5 | 5 | 4 |
P23 | 3 | 3 | 3 | 2 | 4 | 5 | 4 | 4 |
P24 | 3 | 4 | 3 | 2 | 4 | 5 | 4 | 4 |
P25 | 4 | 3 | 4 | 2 | 6 | 6 | 5 | 5 |
P26 | 3 | 4 | 3 | 2 | 5 | 5 | 5 | 5 |
P27 | 2 | 3 | 3 | 2 | 6 | 5 | 4 | 4 |
P28 | 2 | 3 | 2 | 1 | 5 | 5 | 5 | 4 |
P29 | 3 | 3 | 2 | 2 | 6 | 5 | 6 | 5 |
P30 | 3 | 4 | 3 | 3 | 5 | 5 | 5 | 5 |
Total | 79 | 91 | 79 | 50 | 144 | 143 | 130 | 123 |
Estimated Witness Certainty Scale
Participant | L1 En | L2 En | L1 En | L2 En | L1 En | L2 En | L1 En | L2 En |
MAY | MAY | MIGHT | MIGHT | MUST | MUST | WILL | WILL | |
P1 | 3 | 3 | 3 | 1 | 5 | 4 | 4 | 4 |
P2 | 2 | 3 | 2 | 1 | 4 | 4 | 4 | 4 |
P3 | 4 | 4 | 3 | 1 | 5 | 5 | 5 | 5 |
P5 | 2 | 3 | 3 | 2 | 5 | 4 | 4 | 4 |
P6 | 2 | 2 | 3 | 1 | 6 | 5 | 5 | 4 |
P7 | 3 | 3 | 3 | 2 | 6 | 5 | 5 | 4 |
P8 | 4 | 4 | 4 | 2 | 6 | 6 | 6 | 5 |
P9 | 3 | 3 | 3 | 2 | 6 | 5 | 6 | 5 |
P10 | 2 | 3 | 3 | 2 | 5 | 6 | 5 | 4 |
P11 | 3 | 4 | 3 | 2 | 6 | 6 | 5 | 5 |
P12 | 3 | 4 | 2 | 1 | 5 | 5 | 5 | 5 |
P13 | 2 | 3 | 2 | 1 | 4 | 5 | 4 | 5 |
P14 | 3 | 3 | 2 | 2 | 4 | 5 | 4 | 4 |
P15 | 3 | 3 | 2 | 2 | 4 | 5 | 4 | 4 |
P16 | 3 | 4 | 3 | 2 | 6 | 5 | 6 | 5 |
P17 | 2 | 3 | 2 | 1 | 4 | 5 | 4 | 5 |
P18 | 3 | 3 | 3 | 1 | 4 | 4 | 4 | 4 |
P20 | 3 | 3 | 3 | 1 | 5 | 6 | 5 | 4 |
P21 | 2 | 2 | 2 | 1 | 4 | 4 | 4 | 4 |
P22 | 3 | 2 | 3 | 2 | 5 | 4 | 4 | 4 |
P23 | 3 | 3 | 3 | 1 | 4 | 5 | 4 | 4 |
P24 | 3 | 4 | 3 | 1 | 4 | 5 | 4 | 4 |
P25 | 4 | 3 | 4 | 2 | 6 | 6 | 4 | 4 |
P26 | 2 | 3 | 2 | 1 | 5 | 4 | 5 | 4 |
P27 | 4 | 4 | 2 | 2 | 6 | 6 | 6 | 5 |
P28 | 3 | 3 | 2 | 2 | 5 | 5 | 6 | 4 |
P29 | 3 | 4 | 3 | 2 | 6 | 4 | 6 | 4 |
P30 | 3 | 2 | 3 | 1 | 5 | 5 | 5 | 4 |
Total | 80 | 88 | 76 | 42 | 140 | 138 | 133 | 121 |
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