Law's Anthropology

Law's Anthropology PDF

Author: Paul Burke

Publisher: ANU E Press

Published: 2011-11-01

Total Pages: 336

ISBN-13: 1921862432

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Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.

Forensic Anthropology and the United States Judicial System

Forensic Anthropology and the United States Judicial System PDF

Author: Laura C. Fulginiti

Publisher: John Wiley & Sons

Published: 2019-07-01

Total Pages: 246

ISBN-13: 111946997X

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A guide to the interface between forensic anthropology and the United States legal system Designed for forensic anthropologists at all levels of expertise, Forensic Anthropology and the United States Judicial System offers a comprehensive examination of how to effectively present osteological analyses, research and interpretations in the courtroom. Written by noted experts, the book contains an historical perspective of the topic, a review of current legislation that affects expert testimony as well as vital information on courtroom procedure and judicial expectation of experts. A comprehensive book, Forensic Anthropology and the United States Judicial System explains how to prepare case reports and offers suggestions for getting ready for pre-trial interviews. The book also includes detailed information on affidavits, fee structures and dealing with opposing experts. This book is part of the popular Wiley – American Association for Forensic Sciences series and: Offers a unique volume that addresses the interface between forensic anthropology and the legal system Contains detailed guidelines for expert testimony by forensic anthropologists with all levels of experience, from beginner to expert Includes information from the perspective of the Judiciary in terms of process and expectations of the Court Shows how to maintain independence from, and collaborate with other experts Presents detailed explanations of current legislation impacting forensic science Forensic Anthropology and the United States Judicial System is an information-filled guide for practitioners of the rapidly growing field that integrates forensic sciences and the judicial system.

Law's Anthropology

Law's Anthropology PDF

Author: Paul Burke

Publisher:

Published: 2011

Total Pages: 326

ISBN-13: 9781921862427

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Summary: Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider’s perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.

Anthropological Witness

Anthropological Witness PDF

Author: Alexander Laban Hinton

Publisher: Cornell University Press

Published: 2022-10-15

Total Pages: 187

ISBN-13: 150176571X

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Anthropological Witness tells the story of Alexander Laban Hinton's encounter with an accused architect of genocide and, more broadly, Hinton's attempt to navigate the promises and perils of expert testimony. In March 2016, Hinton served as an expert witness at the Extraordinary Chambers in the Courts of Cambodia, an international tribunal established to try senior Khmer Rouge leaders for crimes committed during the 1975–79 Cambodian genocide. His testimony culminated in a direct exchange with Pol Pot's notorious right-hand man, Nuon Chea, who was engaged in genocide denial. Anthropological Witness looks at big questions about the ethical imperatives and epistemological assumptions involved in explanation and the role of the public scholar in addressing issues relating to truth, justice, social repair, and genocide. Hinton asks: Can scholars who serve as expert witnesses effectively contribute to international atrocity crimes tribunals where the focus is on legal guilt as opposed to academic explanation? What does the answer to this question say more generally about academia and the public sphere? At a time when the world faces a multitude of challenges, the answers Hinton provides to such questions about public scholarship are urgent.

Law's Anthropology

Law's Anthropology PDF

Author: Paul Burke

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers

Double Vision

Double Vision PDF

Author:

Publisher: John Wiley & Sons

Published: 2009-04-22

Total Pages: 96

ISBN-13: 1444307002

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NAPA Bulletin is a peer reviewed occasional publication of the National Association for the Practice of Anthropology, dedicated to the practical problem-solving and policy applications of anthropological knowledge and methods. peer reviewed publication of the National Association for the Practice of Anthropology dedicated to the practical problem-solving and policy applications of anthropological knowledge and methods most editions available for course adoption

Ethics and Professionalism in Forensic Anthropology

Ethics and Professionalism in Forensic Anthropology PDF

Author: Nicholas V. Passalacqua

Publisher: Academic Press

Published: 2018-04-12

Total Pages: 146

ISBN-13: 0128120665

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Forensic anthropologists are confronted with ethical issues as part of their education, research, teaching, professional development, and casework. Despite the many ethical challenges that may impact forensic anthropologists, discourse and training in ethics are limited. The goal for Ethics and Professionalism in Forensic Anthropology is to outline the current state of ethics within the field and to start a discussion about the ethics, professionalism, and legal concerns associated with the practice of forensic anthropology. This volume addresses: The need for professional ethics Current ethical guidelines applicable to forensic anthropologists and their means of enforcement Different approaches to professionalism within the context of forensic anthropology, including issues of scientific integrity, qualifications, accreditation and quality assurance The use of human subjects and human remains in forensic anthropology research Ethical and legal issues surrounding forensic anthropological casework, including: analytical notes, case reports, peer review, incidental findings, and testimony Harassment and discrimination in science, anthropology, and forensic anthropology

Fundamentals of Forensic Anthropology

Fundamentals of Forensic Anthropology PDF

Author: Linda L. Klepinger

Publisher: John Wiley & Sons

Published: 2006-06-23

Total Pages: 201

ISBN-13: 0470007710

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An essential foundation for the practice of forensic anthropology This text is the first of its level written in more than twenty years. It serves as a summary and guide to the core material that needs to be mastered and evaluated for the practice of forensic anthropology. The text is divided into three parts that collectively provide a solid base in theory and methodology: Part One, "Background Setting for Forensic Anthropology," introduces the field and discusses the role of forensic anthropology in historic context. Part Two, "Towards Personal Identification," discusses initial assessments of skeletal remains; determining sex, age, ancestral background, and stature; and skeletal markers of activity and life history. Part Three, "Principal Anthropological Roles in Medical-Legal Investigation," examines trauma; the postmortem period; professionalism, ethics, and the expert witness; and genetics and DNA. The critical and evaluative approach to the primary literature stresses the inherent biological constraints on degrees of precision and certainty, and cautions about potential pitfalls. The practical focus, coupled with theoretical basics, make Fundamentals of Forensic Anthropology ideal for upper-level undergraduates and graduate students in biological anthropology as well as forensic scientists in allied fields of medical-legal investigation.

Applications of Anthropology

Applications of Anthropology PDF

Author: Sarah Pink

Publisher: Berghahn Books

Published: 2006

Total Pages: 262

ISBN-13: 9781845450274

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At the beginning of the twenty-first century the demand for anthropological approaches, understandings and methodologies outside academic departments is shifting and changing. Through a series of fascinating case studies of anthropologists’ experiences of working with very diverse organizations in the private and public sector this volume examines existing and historical debates about applied anthropology. It explores the relationship between the "pure and the impure" – academic and applied anthropology, the question of anthropological identities in new working environments, new methodologies appropriate to these contexts, the skills needed by anthropologists working in applied contexts where multidisciplinary work is often undertaken, issues of ethics and responsibility, and how anthropology is perceived from the ‘outside’. The volume signifies an encouraging future both for the application of anthropology outside academic departments and for the new generation of anthropologists who might be involved in these developments.

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