Lesson 18: You do not need a large English vocabulary to communicate clearly Part 2

In Lesson 5 we looked at a law report given by a judge in very simple language so that it could be understood by the mother of two children who had limited understanding of English and who faced the possibility of losing her children to social care.

I have recently read another law report written by a judge who had to explain why he sentenced an offender who had a limited understanding of English. The opening paragraphs are a good explanation of why using simple language is important, especially for lawyers.

[2] For Jesse Armitage, I have tried to say what I wanted to say in very plain language. I believe that this is very important for judges to do in every decision. However, judges often do not do a good job of this. I would describe myself as one of the worst sinners. As lawyers first and then judges, we get used to using words that are long and complicated. This only muddies the message we are trying to say. That message is very important when it comes to passing a sentence on an offender. That the message is clear is even more important in the Gladue courtroom.

[3] I say this because in the Gladue court at Old City Hall, accused persons who share a proud history of the first people who lived in this nation, not only have a right to be heard, but they also have a right to fully understand. Their voices are heard by the judges. And they must also know that we have heard them. I believe that the accused persons who have been in this court have had good experiences in this. This is something that they have come to appreciate. This is something they have a right to expect.

[4] I know that all accused, whether they have any Aboriginal blood or not, should have this right. Judges struggle to make sure they do. However, when judges write their decisions, they are writing for different readers, different audiences. Judges write not only for the parties before them. Judges write to other readers of the law. Lawyers. Other judges. The community.

[5]  In this case, I am writing for Jesse Armitage.

How very simple is the writing in this paragraph that explain’s the defendant’s pattern of repeat offending:

[9] He has come forward and pleaded guilty to many criminal offences. They are mainly property crimes and breaches of court orders. Mr. Armitage committed them over a period of a few months during the end of the year of 2013 and into the spring of the following year. It is not important for my purposes to outline the facts of each offence. There is a sad and bleak repetition to what he does. Mr. Armitage has a plan that he uses. Sometimes it works. Sometimes it does not. He goes into open businesses, sometimes through an open back door, sometimes through the front door. It could be a shop or a restaurant. He heads to the back to see what he can steal. Sometimes he finds a staff change room. There he grabs whatever that is not locked up and of some value. If he is ever stopped by someone, he makes up an excuse like he was looking for a washroom. One time, he threatened someone when confronted. During these offences, he has been on probation or bail. He has been breaching these court orders by doing these crimes.

My encouragement to you is the same as before. You do not need a big vocabulary to communicate simply and clearly in a second language.