Judicial Ethnocentrism Versus Expert Witnesses in Asylum Cases

Abstract

Several recent statistical analyses provide overwhelming evidence for substantial injustice in immigration court decisions. Writers also explored the data for evidence of bias. Several ended with recommendations for more legal training for judges and more professional appellate review. These recommendations assume that the problem is in the interpretation of the law and conduct of the trial. My own experience has been that there is actually a greater problem in the interpretation of facts, at several levels. Courts provide for translators, but merely verbal translation is not enough. Cultural translation is required. In this chapter I illustrate what cultural translation is with instances from five different asylum cases that I have been involved in as an expert witness. I conclude with recommendations to support better use of this kind of information.

Citation

Leaf, M.J. (2018), "Judicial Ethnocentrism Versus Expert Witnesses in Asylum Cases", Sarat, A. and Rodriguez, L. (Ed.) Special Issue: Cultural Expert Witnessing (Studies in Law, Politics, and Society, Vol. 74), Emerald Publishing Limited, Leeds, pp. 49-99. https://doi.org/10.1108/S1059-433720180000074004