By Caroline Braunmühl
The prevalence in a few legal instances of "cultural defenses" on behalf of "minority" defendants has stirred a lot debate. This e-book is the 1st to light up how "cultural facts" — i.e., "evidence" concerning ethnicity — is basically negotiated via lawyers, expert/lay witnesses, and defendants in felony trials. Caroline Braunmühl demonstrates that this has happened, overwhelmingly, in methods formed through colonialist and patriarchal discourses universal within the Western international. She argues that the debate concerning the legitimacy of a "cultural safety" has tended to vague this truth, and has been biased opposed to minorities in addition to all ladies from its inception, within the very phrases within which the query for debate has been framed.
This learn additionally breaks new floor via reading the innovations, and the disasters, during which colonialist and patriarchal structures of cultural facts are resisted or — traditionally — colluded in by means of opposing legal professionals, witnesses, and defendants themselves. The buildings to hand come to be contradictory and volatile, belying the inspiration that cultural proof is an issue of goal "information" approximately one other tradition, instead of — as Braunmühl argues — of discourses which are necessarily normatively charged.
Colonial Discourse and Gender in US felony Courts strikes the controversy approximately cultural defenses onto a wholly new aircraft, one established upon the knowledge that purely in-depth empirical analyses knowledgeable through serious, rigorous theoretical mirrored image can do justice to the irreducibly political personality of any dialogue of "cultural evidence," and of its presentation in court.
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Extra info for Colonial Discourse and Gender in U.S. Criminal Courts: Cultural Defenses and Prosecutions (Routledge Advances in Criminology)
Colonial Discourse and Gender in U.S. Criminal Courts: Cultural Defenses and Prosecutions (Routledge Advances in Criminology) by Caroline Braunmühl