Cultural Expertise and Litigation: Patterns, Conflicts, Narratives

by Holden; Livia

• ISBN13: 9780415601566
• ISBN10: 0415601568
• Edition: 1st
• Format: Hardcover
• Copyright: 2011-06-27
• Publisher: Routledge

Summary

Social scientists play a crucial role in legal proceedings, and yet their role as expert witnesses has received relatively little attention. In this unusual book, the authors examine the ways in which anthropologists participate in various court cases ranging from asylum to murder through written affidavits, oral testimony, and informal advice to attorneys.With contributions by leading scholars and practitioners, the book examines the dilemmas that expert witnesses face, including: whether involvement in cases may affect their academic stature; whether their role is primarily to inform the court or assist the client; how to avoid misrepresentation and oversimplification of specific cultural claims, as well as overall manipulation of their expertise. Case studies within the book highlight linguistic problems associated with translation, and the consequences of these for judicial decision making. This book documents the propensity of courts to give short shrift to cultural arguments, thereby risking the miscarriage of justice and calls for greater attention to cross'cultural jurisprudence.With compelling and thought-provoking narratives, Cultural Expertise and Litigation is a major scholarly contribution for those interested in the impact of applied social science in legal systems.