20235504(en)/9 - From Cultural Defense to the Use of Anthropological Expertise: Developments and Limitations in the Recognition of Sociocultural Diversity in the Criminal Courts of the Southern Macro-Region of Chile
FROM CULTURAL DEFENSE TO THE USE OF ANTHROPOLOGICAL EXPERTISE: DEVELOPMENTS AND LIMITATIONS IN THE RECOGNITION OF SOCIOCULTURAL DIVERSITY IN THE CRIMINAL COURTS OF THE SOUTHERN MACRO-REGION OF CHILE
DE LA DEFENSA CULTURAL AL USO DE LAS PERICIAS ANTROPOLÓGICAS: AVANCES Y LÍMITES DEL RECONOCIMIENTO DE LA DIVERSIDAD SOCIOCULTURAL EN LOS TRIBUNALES PENALES DE LA MACRORREGIÓN SUR DE CHILE
Fabien Le Bonniec, Katherine Maldonado and Rodrigo Lillo
The aim of this paper is to examine the practice of anthropological expertise in Chile, particularly in the south of the country, by analyzing its historical use in conjunction with the emergence of the legal doctrine of “cultural defense”. Using statistical analysis, we outline its application and track its changing demand over time. Additionally, two case studies provide a better understanding of its scope and limitations, highlighting in particular how the use of anthropological expertise is shaped by legal culture's inherent dynamics, including external factors such as: the permanence of monoculturalism, devaluation of anthropological knowledge as scientific, and economic rationality regarding the use of anthropological expertise according to the risk of penalty.
