The following is a guest post by Steve Lubet.
There is a story often told in the Cook County Criminal Courts Building about a young defense lawyer who was determined to do everything possible for a burglary defendant. After meticulous research, exhaustive investigation, and conscientious preparation, the attorney presented an airtight alibi, showing virtually minute-by-minute, and through multiple witnesses, that the client could not possibly have been at the scene of the crime. There was only one thing standing in the way of an acquittal. The elaborate alibi had been established for the wrong day, and counsel’s painstaking effort was all for naught. As with most such mythic accounts, this tale is probably apocryphal, or at least broadly exaggerated, but it still serves a valid teaching purpose. Even the most carefully developed argument will fail if it is based on a faulty premise.
So it is with Prof. Mikaila Mariel Lemonik Arthur’s recent response to my own essay on ethnography in Contexts. It would be a powerful riposte if only it had addressed my actual views. My essay is about comparative means assessing reliability – using multiple real life examples from law, history, and journalism – but you would never know that from reading Arthur’s piece. Her rejoinder of over 1500 words quotes only a single four-word passage from my work. Everything else is ill-premised spin. As I will explain below, there is nothing easier than presenting an alibi for the wrong day, nor simpler than refuting the imagined arguments of a straw person.
Continue reading “reply: ethnographers are not lawyers, and nobody ever said they should be”
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