working papers
No. 25. "'What Words Did the Defendant Say in Your Presence?':
Mixtecs, Migrants, Multilingualism, and Murder," John B. Haviland, 1989. The theme of this Workshop is, apparently, the role of language in the
(genesis and exercise of) power: a topic of some antiquity, and one whose
very framing in these terms--imagining "language" as something separable
enough from other realms of human activity to be assigned its own "role,"
or the nominalization of yet other realms or aspects of human activity
under the rubric of what in Romance linguistics is called (with certain
metaphysical confidence) a substantive, that is, a noun,
'power'--is an example of its own referent: the power of language to cast
phenomena into a certain shape and nature. This is a matter that
linguists spend lamentably little time thinking about, and that
anthropologists perhaps find hard even to understand. I come to you today
as both linguist and anthropologist.... My empirical focus here is [close] to home. In fact, it is about
thirty minutes from my home in Southeast Portland (Oregon). The facts
are...complex, though they involve only three 'languages': English,
Spanish, and Mixtec, an Oto-Manguean language of Mexico, in this case
dialects of Mixtec from the state of Oaxaca. There are language choices
involved here...whose terms are set by what we might call the
"entry-level" institution of the state political order: the county
courtroom. I will describe certain details of a murder trial, conducted
in Clackamas County in late 1986, in which a young Mixtec was convicted
of the murder of another Mixtec--like the defendant, an undocumented
migrant strawberry picker from Oaxaca--and sentenced to life in prison.
This man, Santiago V., has now passed his 18th, 19th, and 20th birthdays
in the Oregon State Correctional Institution, and, even if he manages
parole, he can still expect to spend another ten birthdays on the
inside--all for a crime he very probably did not commit. Click here to order a copy from the
author.