Introduction: Cultural Expert Testimony in American Legal Proceedings
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Published:2018
Leila Rodriguez, 2018. "Introduction: Cultural Expert Testimony in American Legal Proceedings", Special Issue: Cultural Expert Witnessing, Austin Sarat, Leila Rodriguez
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In the United States, much of our social life is shaped by how we address and manage cultural difference. Perhaps nowhere is the management of multiculturalism more important than in legal proceedings. While there are many ways in which cultural accommodations are made at trials (e.g., see Berk-Seligson, 2002, regarding the use of interpreters during judicial proceedings), this special issue is concerned with just one: the use of cultural expert testimony as evidence in legal conflicts that invoke cultural difference. The articles in this issue address six aspects of its implementation which must be resolved to improve its efficacy: knowing the role of expert testimony in a cultural defense, reconciling the job of expert witness with other professional roles, relating to defendants vs. informants, employing legal concepts that have little anthropological acceptance, producing testimony in changing historical and political contexts, and helping judges understand culture.
