Tooby's California Post-Conviction Relief for Immigrants

(B)

Finding Cultural Experts.  Colleges and universities can be valuable sources of cultural experts.  Counsel can explore the anthropology and foreign language departments.  Interpreters can also be of great assistance in learning about a client’s culture, although it is important to make sure service as a cultural expert does not conflict with the interpreter’s duties as an interpreter.  Counsel can contact cultural organizations and immigrant advocacy groups for leads in finding appropriate expert assistance.

            In choosing an expert or experts, counsel should keep in mind that cultural experts generally operate at two different levels.  On one level, an expert may testify about a culture in general.  A court is likely to require testimony tying the defendant or witness to which the cultural expert testimony is relevant to the general cultural testimony.  Counsel may need to call two experts: one to explain the cultural norm at issue, and one to testify that the defendant or witness participates in that cultural norm.  Community leaders, religious leaders, and even family members may serve as experts on the participation of the defendant or witness in the cultural norms of the community.[180]

Counsel must therefore ensure that there is in fact a connection between the client and the cultural aspect under investigation.

[180] Connell, Using Cultural Experts, in Cultural Issues in Criminal Defense 8-1, 8-6 (J. Connell & R. Valladares, eds., 2003).