ABSTRACT
Police and courtroom interviews are highly structured speech events, in which questions and their answers are fundamental. Any chance of equality before the law requires specific communicative competence in understanding and answering questions. But not all speakers of English use questions in the same way. In fact, most Aboriginal speakers of English are seriously disadvantaged by the legal communicative system, because of important and on-going differences between modern Aboriginal and non-Aboriginal societies in Australia. This chapter examines these cultural and linguistic differences, and their role in the Aboriginal experience of the criminal justice system. Examples from current fieldwork in this area are used to highlight communicative clash, and the resulting difficulties in effective delivery of justice for Aboriginal people. The chapter goes on to examine a number of developments which seek to address this communicative disadvantage and consequent legal inequality. In conclusion, this chapter raises suggestions for changes and opens discussion for further developments.
