The occurrence in some criminal cases of qcultural defensesq on behalf of qminorityq defendants has stirred much debate. This book is the first to illuminate how qcultural evidenceq a i.e., qevidenceq regarding ethnicity a is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline BraunmA¼hl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a qcultural defenseq has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or a more commonly a colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective qinformationq about another culture, rather than a as BraunmA¼hl argues a of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of qcultural evidence, q and of its presentation in court.n.d. aCultural Defenses In the Criminal Legal System.a assoc_files_vawnet/volpp. pdf (access date: July 24, 2011). Wall, Alexandra J. 1997. aSilencer Of the Lambs Prison Chaplain: Give Kostner Life, Not Death.a Jewish Standard, February 21.
|Title||:||Colonial Discourse and Gender in U.S. Criminal Courts|
|Publisher||:||Routledge - 2012|