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“She appeared to be in some kind of trance”

J. Fontein

HAU: Journal of Ethnographic Theory April 1, 2014 DOI: 10.14318/hau4.1.003 (opens in new tab)

Study at a glance

AI-extracted from the abstract
Characteristics Case study Case report Peer reviewed
Keywords Law
Key findings The author argues that anthropological expert evidence in a UK criminal trial involving a claimed spirit possession was constrained by the court's demand for certainty, yet could still exert efficacy in unintended ways, illustrating the limits of knowledge and the "possibility of other possibilities" beyond conventional "cultural defense."

Abstract

This is a personal account of a recent criminal trial in the United Kingdom that the author was involved in as an expert witness, involving a young Zimbabwean woman who attacked her mother with a knife, when she (as she, her mother, and relatives claimed) was possessed by an evil spirit as the result of another family member’s witchcraft. Evidence for her abnormal state of consciousness was corroborated by police evidence that described her as “in a trance” on the night in question, and despite a wide range of medical and psychiatric assessments, no clear neurological, medical, psychiatric, or sleep-disorder causes for her “possession” were ever established. The article describes the difficulties encountered in producing anthropological evidence for the criminal court that sought to go beyond the limitations of conventional forms of “cultural defense” to argue for the limits of knowledge and the “possibility of other possibilities.” With a nod to Harry West’s notion of “ethnographic sorcery,” this unusual court case illustrates how anthropological expert evidence can be constrained by courts constructing their own kinds of certainty, and yet still have efficacy in unintended ways.