Details

Subject(s)

• Asylum, Right of. [Browse]
• Evidence, Expert [Browse]

Related name

• Sarat, Austin [Browse]
• Rodriguez, Leila [Browse]

Series

• Studies in law, politics, and society ; v. 74. [More in this series]
• Studies in Law, Politics and Society, 1059-4337 ; volume 74

Subseries of

Studies in law, politics, and society

Summary note

In this latest edition of this highly successful research series, chapters explore expert witnessing in asylum cases. Topics include: judicial ethnocentrism, political asylum, race identity and cultural defense.

Notes

Includes index.

Bibliographic references

Includes bibliographical references.

Source of description

Print version record

Contents

• Intro
• Contents
• Editorial Board
• List of Contributors
• Introduction: Cultural Expert Testimony in American Legal Proceedings
• The Value of Cultural Evidence
• New Perspectives on Cultural Expert Witnessing
• Future Directions
• Compare Legal Stakeholder Perspectives
• Compare the Work of Cultural Expert Witnesses in Different Countries
• Investigate the Role of the Daubert Ruling on Admission as Cultural Experts
• Expand the Range of Populations that Can Access Cultural Arguments on their Behalf
• Share Our Best Practices for Serving as Cultural Expert Witnesses
• Train Cultural Anthropologists to Serve as Expert Witnesses
• References
• Chapter 1 Expert Witnessing in Honduran Asylum Cases: What Difference Can Twenty Years Make?
• Abstract
• The Case of Two Survivors of el Astillero 1980-1995
• The Honduran Context
• The United States Context
• The El Astillero Survivors' Claims for Asylum
• An Expert Witness Declaration
• The Judge's Decision
• Comment
• Twenty Years Later 2013-2015
• The Honduran Context, 2009-2015
• The United States Context 2000-2015
• The Widowed Mother and Her Child
• The Abused Partner and Her Child
• The Teenage Gang Member and His Torturers
• The Teenager and the Military Option
• Developing The Anthropological Tool Box
• Reflexivity and Ethnographic Perspective
• Evolution of Some Useful Concepts
• The Contribution of Refugee Studies
• Expanding Ethnographic Studies of Gangs and Gang Culture
• Discussion: Emerging Problems and Opportunities
• The Problem of Contextual Complexity
• The Problem of Subjectivity
• The Problem of Changing and Competing Images of Reality
• The Problem of Applicability of Definitions and Categories
• Conclusion
• Chapter 2 Judicial Ethnocentrism Versus Expert Witnesses in Asylum Cases
• Introduction.
• The Cloak of Confidentiality
• The Courts
• Method
• My Role as an Expert Witness
• Judicial Ethnocentrism
• The Cases
• Case of Noori - Pakistan
• Case of Mirza - Pakistan
• Case of SS - Nepal
• Case of Dhala - India
• Case of V - Sri Lanka
• Case of S - Sri Lanka
• Immigration Justice in Cross-Cultural Perspective
• Conclusion and Recommendations
• Notes
• Chapter 3 Guilt, Innocence, Informant
• Some Background
• Defendant Versus Informant: Meeting and Selection
• Defendant Versus Informant: Assumptions of Guilt
• Defendant Versus Informant: Individuals and Groups
• Defendant Versus Informant: Outcomes
• Discussion
• Conclusions: Guilt, Innocence, Informant
• Chapter 4 Traversing Boundaries: Anthropology, Political Asylum and the Provision of Expert Witness
• Introduction and Overview
• Background: Persecution, Asylum, and the Provision of Expert Witness
• The Ethnography of Asylum: Bureaucratic Dissonance And Bodily Disconnect
• Evidence, Legal Criteria, and Plausibility
• Crafting The Affidavit
• The Co-mingling Of Individual and National Political Narratives
• The Intersection of Gender and Political Violence
• The Appraisal of Harm and Likelihood of Reprisal
• Border Crossings: Scale, Temporality, and Social Reality
• Law, Anthropology, and Human Rights
• Traversing Boundaries: Anthropology, Political Asylum, and the Provision of Expert Witness
• Acknowledgments
• Chapter 5 Proving "Race" Identity of Chinese Indonesian Asylum Seekers
• Dewi's Story
• The "Race" Dilemma
• Anthropology and the Biology of "RACE"
• From Race to Ethnicity
• Identifying Dewi According to the United States Census
• Anthropological Concerns Regarding Essentializing Culture
• "Chinese Indonesian".
• "Chinese Culture" in Contemporary Los Angeles
• "Chinese Culture" of the Service Industries
• Re-Visiting Theories and Method to Identify the Asylum Seeker
• Dewi Recalling her Chinese Name
• Kinship Terms of Address
• Claims of Chinese-Ness: Eating, Celebrating, and Honoring the Dead
• Race, or Racialization and Persecution?
• Chapter 6 State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation
• Introduction
• Colloquial Speech Misunderstood
• The Constitutional Right to a Jury of Your Peers
• Culture and the De Minimis Standard
• The Mens Rea Requirement
• The Cultural Anthropologist as an Expert Witness
• The Process of Qualifying an Expert Witness
• Defining the Limits of the Cultural Defense
• References.

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ISBN

• 9781787437630
• 1787437639
• 9781787439702
• 1787439704

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