1st Edition

Colonial Discourse and Gender in U.S. Criminal Courts Cultural Defenses and Prosecutions

By Caroline Braunmühl Copyright 2012
306 Pages
by Routledge

294 Pages
by Routledge

306 Pages
by Routledge

The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways... Read more

Part I: Introduction  Part II: Theoretical Perspective  Part III: The Corpus of Cases  Part IV: Ethnicizing Prosecutions and Defenses: ‘Culture’ and ‘Gender’ in Trial Parties’ Argumentative Strategies and in the Debate About ‘the Cultural Defense’  1. Biases and Blindspots in the Debate  2. Cultural Profiling: The Patriarchal Other—First Case Study  3. ‘Cultural Defense’ I: The Oppressed Third World Woman—Second Case Study  4. ‘Cultural Defense’ II: The Patriarchal Other—Third Case Study  5. Conclusion: Cultural Information or Gendered Colonial Discourse?  Part V: Resistance/Instabilities: The Spectrum of Discursive Politics in Trials Involving ‘Cultural Evidence’ and the Involuntary Subversion of Hegemonic Discourse  6. Contesting ‘Cultural Evidence’: Adversarial Opposition or Mutual Collusion?  7. Witnesses and Hegemonic Consensus  8. Beyond Mere ‘Resistance’: The Spectrum of Instabilities Fracturing Hegemonic Trial Discourse and What Difference They Make  Part VI: Conclusion: Practical/Theoretical Implications.

Biography

Caroline Braunmühl is a sociologist publishing in the fields of post-structuralist theory as well cultural, gender and post-colonial studies.