scholarly journals The Work of Expert Testimony: Central Americans, Human Rights Defenders, and Immigration Courts

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Allan Burns ◽  
Keyword(s):  
Expert Testimony ◽  
Partner Violence ◽  
Culture Shock ◽  
The United States ◽  
Theory And Practice ◽  
Court Cases ◽  
Criminal Cases ◽  
Central Americans ◽  
Social Violence ◽  
History Of

Anthropologists have worked in legal arenas as experts on civil, criminal, and asylum cases throughout the history of the discipline. Today expert witnesses give opinions on the conditions of countries where immigrants flee, and that work includes ethnographic interviewing, research into the causes of political and social violence, and appearing in court through written affidavits and personal testimony. Expert testimony today includes helping in the defense of people fleeing intimate partner violence, persecution based on sexual orientation, threats and violence by gangs, and those whose political opinions put them at risk. Immigrants in the United States face institutional culture shock, structural violence, and criminalization of their lives. Case studies of immigration, civil, and criminal cases illustrate how theory and practice intersect in the harsh light of court cases.

Violent parasomnias and sleep forensics

2017 ◽  
Author(s):  
Michel A. Cramer Bornemann ◽  
Mark R. Pressman
Keyword(s):  
Genetic Predisposition ◽  
Expert Testimony ◽  
Scientific Evidence ◽  
Criminal Court ◽  
Court Cases ◽  
Deep Sleep ◽  
Criminal Cases ◽  
Legal Requirements ◽  
History Of ◽  
Science And Research

Parasomnias are complex behaviors occurring out of or during sleep. Parasomnias are increasingly presented as proof of an automatism in criminal cases involving violence. The sleep forensics expert must have an up-to-date understanding of current sleep science and research, diagnostic and clinical techniques, and the legal requirements of expert testimony and scientific evidence. Sleepwalking and related disorders typically follow sudden, partial awakenings from deep sleep. Higher-level cognition is severely limited or absent, and complex behaviors often consist of “automatic” behaviors not initiated or guided by memory or planning. Sleepwalking and related disorders are noted to occur during deep sleep and often require a genetic predisposition or priming factors. Prior cases of sleepwalking violence find that the victim of sleepwalking violence—most often a family member—seeks out the sleepwalker. The history of sleepwalking includes reports of episodes and sometimes criminal court cases of murder, assault, and rape.

State-by-State Use of AMA Guides

2019 ◽  
Vol 24 (5) ◽  
pp. 3-7, 16
Keyword(s):  
Expert Testimony ◽  
Narrow Range ◽  
The United States ◽  
Workers Compensation ◽  
Federal Employees ◽  
Permanent Disability ◽  
Sixth Edition ◽  
History Of ◽  
Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

The Oxford Handbook of Quintilian

2021 ◽  
Keyword(s):  
Literary Criticism ◽  
Middle Ages ◽  
Performing Arts ◽  
Late Antiquity ◽  
The United States ◽  
Educational Programme ◽  
Theory And Practice ◽  
Visual And Performing Arts ◽  
Wide Range ◽  
History Of

M. Fabius Quintilianus was a prominent orator, declaimer, and teacher of eloquence in the first century ce. After his retirement he wrote the Institutio oratoria, a unique treatise in Antiquity because it is a handbook of rhetoric and an educational treatise in one. Quintilian’s fame and influence are not only based on the Institutio, but also on the two collections of Declamations which were attributed to him in late Antiquity. The Oxford Handbook of Quintilian aims to present Quintilian’s Institutio as a key treatise in the history of Graeco-Roman rhetoric and its influence on the theory and practice of rhetoric and education, from late Antiquity until the present day. It contains chapters on Quintilian’s educational programme, his concepts and classifications of rhetoric, his discussion of the five canons of rhetoric, his style, his views on literary criticism, declamation, and the relationship between rhetoric and law, and the importance of the visual and performing arts in his work. His huge legacy is presented in successive chapters devoted to Quintilian in late Antiquity, the Middle Ages, the Italian Renaissance, Northern Europe during the Renaissance, Europe from the Eighteenth to the Twentieth Century, and the United States of America. There are also chapters devoted to the biographical tradition, the history of printed editions, and modern assessments of Quintilian. The twenty-one authors of the chapters represent a wide range of expertise and scholarly traditions and thus offer a unique mixture of current approaches to Quintilian from a multidisciplinary perspective.

Adverse Childhood Experiences and Intimate Partner Violence; Findings From a Community Sample of Hispanic Young Adults

2021 ◽  
pp. 088626052110358
Author(s):  
Myriam Forster ◽  
Christopher J. Rogers ◽  
Bethany Rainisch ◽  
Timothy Grigsby ◽  
Carmen De La Torre ◽  
...  
Keyword(s):  
Intimate Partner Violence ◽  
Young Adults ◽  
Partner Violence ◽  
Adverse Childhood Experiences ◽  
Negative Binomial ◽  
The United States ◽  
Intimate Partner ◽  
Childhood Experiences ◽  
Adverse Childhood ◽  
History Of

In the United States, a substantial proportion of the adult population (36% of women and 34% of men) from all socioeconomic and ethnic backgrounds report experiencing intimate partner violence (IPV) over the life course. Family risk factors have been linked to adolescent and young adult IPV involvement, yet few studies have examined the effect of multiple, co-occurring adverse childhood experiences (ACEs) in the stability and change of IPV behaviors over young adulthood—the period of highest risk for IPV. We investigated the relationship between the degree of ACE exposure and IPV victimization and perpetration at age 22 and two years later at age 24 among a sample of Hispanic young adults ( N= 1,273) in Southern California. Negative binomial regression models compared the incident rate ratio (IRR) of past-year verbal and physical IPV victimization and perpetration of respondents with 1–3 ACE and with ≥4 ACE to their peers who reported no history of ACE cross-sectionally (age 22) and longitudinally (age 24). At age 22, participants with 1–3 and ≥4 ACE were overrepresented in all IPV behaviors and had higher IRRs of verbal and physical victimization and perpetration compared to their peers with no ACE. By age 24, respondents with a history of ≥4 ACE were at significantly greater risk for escalating IPV behaviors over this time period than their peers with 1–3 ACE and no ACE. These findings highlight the importance of investing in coordinated efforts to develop strategies that help young people cope with the downstream effects of early life adversity. Research should continue to identify what individual, community, and cultural assets that promote resilience and are promising foci of IPV prevention approaches among vulnerable populations.

Introduction

2018 ◽  
pp. 1-16
Author(s):  
Laura Harris
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Middle Class ◽  
Social Theory ◽  
The United States ◽  
Theory And Practice ◽  
Aesthetic Theory ◽  
Avant Garde ◽  
History Of ◽  
Visual Artist

In Experiments in Exile, I explore and compare projects undertaken by two twentieth-century American intellectuals while they lived in voluntary exiles in the United States: the Trinidadian writer and revolutionary C. L. R. James and the Brazilian visual artist and counterculturalist Hélio Oiticica. James and Oiticica never met. They lived and worked in the United States at different moments. My focus is on James’s stay during the 1940s and on Oiticica’s stay during the 1970s. Given the significant differences between them—not just at the level of nationality but at the level of race (James was black, Oiticica was white), class (James was situated within a precarious middle class, Oiticica was firmly established within an upper middle class), sexuality (James was straight, Oiticica was gay), and disciplinary locations (James is generally situated in the history of radical social theory and practice, and Oiticica is generally situated in the history of avant-garde aesthetic theory and practice)—this is surely an unlikely combination. This study is itself an experiment, one that goes beyond the usual parameters of comparativist or transnational research, to identify, in the surprising resonances between the projects pursued by these two very disparate figures, a common project I believe they, together, bring into relief....

A Brief History of Central America

2021 ◽  
pp. 173-180
Author(s):  
Rachel Gibson
Keyword(s):  
United States ◽  
Central America ◽  
The United States ◽  
Central Americans ◽  
Family Stories ◽  
The Social ◽  
Current Events ◽  
History Of

The history of Central America directly impacts current events, and exploring the social, political, and economic reasons why Guatemalans and other Central Americans emigrate to the United States deepens our connections to family stories and legacies. This chapter offers a brief overview of the region....

The History of Mitigation in Death Penalty Cases

2020 ◽  
pp. 34-45
Author(s):  
Russell Stetler
Keyword(s):  
Death Penalty ◽  
The United States ◽  
Theory And Practice ◽  
Death Sentences ◽  
Eighth Amendment ◽  
Mitigating Factors ◽  
History Of ◽  
Definition Of ◽  
Effective Representation ◽  
The U.S

This chapter discusses how the theory and practice of mitigation have evolved over more than four decades, thereby helping to define the modern death penalty era in the United States. Prior to 1976, juries generally made death penalty decisions in a unitary proceeding. Juries then had unfettered discretion to impose death sentences, and the results were so arbitrary that in 1972 the U.S. Supreme Court struck down all the existing death penalty statutes. In 1976, the Court approved new statutes that guided jurors’ discretion. The Court required individualized sentencing in which jurors could consider mitigating factors based on the diverse frailties of humankind. This broad definition of what might inspire juries to reject death was elaborated in succeeding decades in a series of decisions relying on the Eighth Amendment. Social workers and other nonlawyers became critical members of multidisciplinary capital defense teams providing effective representation under the Sixth Amendment.

Examining Attempted and Completed Intimate Partner Homicide: A Qualitative Synthesis

2019 ◽  
Vol 34 (6) ◽  
pp. 869-888 ◽  
Author(s):  
Jacqueline Harden ◽  
Jingshuai Du ◽  
Chelsea M. Spencer ◽  
Sandra M. Stith
Keyword(s):  
Risk Factors ◽  
Partner Violence ◽  
The United States ◽  
Intimate Partner ◽  
Intimate Partner Homicide ◽  
Qualitative Synthesis ◽  
Relationship Termination ◽  
Quantitative Studies ◽  
History Of ◽  
Qualitative Literature

Intimate Partner Homicide (IPH) is one of the leading causes of death for women in the United States. Recent research has identified the strongest risk markers for IPH from quantitative studies, but there is still a need to synthesize what is known about IPH from qualitative studies. Additionally, few studies have examined perpetrator-reported motivations for IPH, along with victim's and co-victims' experiences of attempted or completed IPH. In order to synthesize the current qualitative literature surrounding motivations and risk factors for IPH, a thematic qualitative synthesis was conducted. This qualitative synthesis included 20 studies that examined IPH risk factors, motivations, and other pertinent themes related to IPH. Some of the most prevalent reported motivations for committing IPH were loss of control, jealousy, relationship termination, and a history of intimate partner violence (IPV) victimization (i.e., self-defense). A few of the most common risk factors for IPH found in the qualitative literature included previous IPV, coercive control, and the victim underestimating danger/lethality. It is important for both clinicians and law enforcement to know more about IPH so that that they are able to assess situations effectively.

The Archive of Fear

2020 ◽  
Author(s):  
Christina Zwarg
Keyword(s):  
Sigmund Freud ◽  
New World ◽  
The United States ◽  
Theory And Practice ◽  
Trauma Theory ◽  
Du Bois ◽  
Saint Domingue ◽  
Before And After ◽  
History Of ◽  
The Haitian Revolution

Not about Haiti but about the haunting power of its revolution, The Archive of Fear explores the traumatic force field that continued to inflect U.S. discussions of slavery and abolition both before and after the Civil War, sometimes with surprising intensity and endurance. Focusing on U.S. slavery and its aftermath in the nineteenth century, it challenges the long-assumed distinction between psychological and cultural-historical theories of trauma, discovering a virtual dialogue between three central U.S. writers and Sigmund Freud concerning the traumatic response of slavery’s perpetrators. To do so, it shows how trauma theory before Freud first involves a return to an overlap between crisis, insurrection, and mesmerism found in the work of Frederick Douglass, Harriet Beecher Stowe, and W. E. B. Du Bois. Mesmer’s “crisis state” has long been read as the precursor to hypnosis, the tool Freud famously rejected when he created psychoanalysis. But the story of what was lost to trauma theory when Freud adopted the “talk cure” can be told through cultural disruptions of New World slavery, especially after mesmerism arrived in Saint Domingue where its implication in the Haitian revolution in both reality and fantasy had an impact on the history of emancipation in the United States. The Archive of Fear argues that a strain of trauma theory and practice comes alive in the temporal and spatial disruptions of New World slavery—and that key elements of that theory still inform the infrastructure of race relations today. Reviewing trauma theory through its pre-Freudian roots—especially as the alarm of slavery’s perpetrators relates to the temporal patterns of Mesmer’s “crisis state”—widens our sense of the affective atmospheres through which emancipation had to be sought. And it illuminates the fugitive approach Douglass, Stowe, and Du Bois devised to confront and defuse the archive of fear still blocking full emancipation today.

Perceptions of Dating Violence and Associated Correlates: A Study of College Young Adults

2016 ◽  
Vol 32 (21) ◽  
pp. 3245-3271 ◽  
Author(s):  
Christina M. Dardis ◽  
Katie M. Edwards ◽  
Erika L. Kelley ◽  
Christine A. Gidycz
Keyword(s):  
Young Adults ◽  
Young Women ◽  
Partner Violence ◽  
The United States ◽  
Future Research ◽  
Prevention Messages ◽  
History Of ◽  
Ipv Perpetration ◽  
And Gender ◽  
Male To Female

The purpose of this study was to better understand young adults’ perceptions of what behaviors constitute intimate partner violence (IPV) and the correlates of these perceptions using a comprehensive measure of IPV perceptions and behaviors. Participants were undergraduates (aged 18-25), including 357 women and 346 men ( N = 703) from the midwestern region of the United States, who completed surveys for course credit. Results demonstrated that young women and men on average reported that acts of physical, sexual, and psychological IPV were abusive. However, young women generally rated these behaviors as more abusive than young men, male-to-female (M-to-F) IPV was viewed as more abusive than female-to-male (F-to-M) IPV, and physical IPV was considered the most abusive form of IPV, followed by sexual IPV, which was rated as more abusive than psychological IPV. Furthermore, among men, a history of IPV perpetration and victimization generally predicted decreased perceptions that acts were abusive; however, among women, histories of IPV perpetration and victimization were generally unrelated to abuse perceptions. These data underscore the importance of the inclusion of psychoeducation about the seriousness of all forms of IPV in IPV prevention programming and the importance of situation-specific and targeted IPV prevention messages. Moreover, future research is needed to replicate and better understand the explanatory mechanisms underlying the relationships among a history of IPV, abuse perceptions, and gender.

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