Use of the Archaeological Damage Assessment Methodology as an Application of Forensic Archaeology in Criminal and Civil Prosecutions

Abstract

Forensic archaeology typically is thought of in terms of its uses in the investigation of homicides involving buried bodies or the recovery of bodies and other physical evidence in mass casualty situations, such as large passenger aircraft crashes. However, there is another important but lesser known application of archaeology in a forensic context. The chapter will discuss three archaeological damage assessment projects conducted by Archaeological Damage Investigation and Assessment (ADIA): two for criminal cases involving federal law violations and one for a civil damage case under state law. The state case and one of the federal cases required monetary determinations for the severity of harm from unauthorized damages to archaeological sites. In the other federal case, the market values of artifacts seized in a trafficking case were determined. Descriptions of these cases and their outcomes illustrate the application of the archaeological damage assessment methodology as an important component of forensic archaeology in criminal and civil prosecutions. As an introduction to these case studies, the legal and professional standards forming the forensic basis of archaeological damage assessment will be reviewed.