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week 10 - November 14.docx

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Nicole Myers

SOC305 November 14 2012 Legal ramifications of experts  Rose says that the expert is one of two enduring solutions to the problem of who can rule and why they can rule  And Rose says that democracy is a way to get around that but also that the expert is also one of the enduring solutions  It is the answer to the question of who can rule and why  Rose is trying to outline the progress from welfarism and neoliberalism  Trying to explain that welfarism is about the expert, we can program society  Expert knowledge legitimates rule in the same way that democracies legitimate rule  This is the starting point for the expert Cole and latent fingerprint technology  Talks about suspect identities where he charts in depth aspects of fingerprinting  Talks about the colonial aspects of fingerprint  Criminology needs to be critiques with its starting point and its starting point was to identify particular groups  He emphasizes that latent fingerprinting starts with a colonial mindset and of classifying races and groups of people all to emphasize the colonial enterprise, all to make to colonial process easier  “Dealing with the identity of the unknowns” is what he says  Trying to question latent fingerprint analysis as a given, how did it become a given? How is it impervious to questions? We critique abortion and drug policies and other policies the government does or doesn’t do but why don’t we critique latent fingerprinting? – this is Cole’s starting point for his analysis  Tries to unpack how it happens, suggests that it’s no accident how DNA became DNA fingerprinting  Suggests that it’s no accident that they attach themselves to fingerprinting  The idea of fingerprinting it about attaching itself to the courtroom process, it is about legitimation  DNA is not about two people deciding what they are going to do it is what it is, it attached itself to fingerprinting  Cole asks how do latent fingerprint examiner it able to manage the visible? And maintain authority as expert o suggests it is both common knowledge and scientific o broken window theory  the idea that little parts of udrban disorder, the graffiti, litter, broken windows, etc. are somehow attached to crime  you could see, touch, feel, and smell a change  its visible  broken windows experts able to maintain authority o risk need assessment tools  also managing the visible and maintaining authority  risk needs experts are the ones who are creating the assessments, thus somewhat maintaining some form of authority o audits  also manage the visible and maintain authority  Cole suggests that it’s about closure  Shows that there is a 12 point system for identification o Not really matching the whole fingerprint, generally if 12 points in one fingerprint match 12 points in another fingerprint then it is considered a match o Cole isn’t suggesting whether this is true or not but that it’s a big leap that were taking from saying that no 2 fingerprints are a like to now no 12 points of a fingerprint are a like o Therefore its closure, Cole says that the defense expert has never emerged in the contest of latent fingerprint examiners  Latent fingerprint examiners achieved unanimity, Cole suggests that the real skill they achieved was consistency o Suggesting that it’s either considered a match or its inconclusive, itself is not subject to contradiction by another fingerprint expert, we see a circular logic, we are all experts b/c we all agree, and b/c we agree it shows we are all experts, we all understand this o says that the fingerprints experts simply reports what he finds, the lines of identification are either there or they're not o the manage blame o fingerprints are either a match or its inconclusive  the manage blame attribution o anything that goes wrong, the blame is on the practitioner o you cannot have two fingerprint examiners disagreeing  the discipline of latent fingerprints is quite rigid  its circular logic that is at play  Any print that yields different results, then by definition it is inconclusive o He is suggesting that if there is any doubt, it is inconclusive  He says that the fact that fingerprinting does not admit any disagreements among experts is a more strongly held tenant than any particular method or opinion  Cole says that this is where problem emerges o The fact that it is not subject to contradiction o It threatens its status, why do we need an expert opinion at all, why do we need a discipline around it?  Suggests that there are 2 paradox’s that happens o Its visible to everyone but yet invisible to everyone, the experts are the only ones who can do this o Presenting themselves as a scientist but yet a technician, they aren’t just doing science but they’re also doing technical work  Unpacking how an idea takes route Legal Ramifications  Battered women’s syndrome o Lavallee 1992 – identified as a legal defense for women o Problems stem that we have a law of self defense o In the case, Lavallee shot her abusive partner in the back of the head and tried to claim self defense o Case goes to the supreme court of Canada o Husband went out and said that when he comes back he is going to kill here o So in this case the idea of self-defense, she could have just left before he came back, all the ideas that someone is coming at me so I have to defend myself are absent in this case o So a psychologist said that she was a battered women, they came to talk about why women stay in an abusive relationship, and that somehow the woman knows when he is going to be abusive again and come at her o Its pathological – why didn’t we use a theory rather than a syndrome? Suggesting
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