Abstract

North American archaeology is evaluated in light of state and heritage crime theory. When analyzed with preexisting typologies, the practice is shown to meet the threshold for state-sanctioned heritage crime. This study also demonstrates how current models of heritage crime do not adequately account for (1) the pivotal role states and state-sanctioned heritage experts play in committing heritage crime and (2) the implications of heritage crime for living descendant communities, not just physical artifacts and buildings. Typically thought of as crime against the state, seeing a state heritage regime as organized heritage crime opens the door to a host of theoretical and practical possibilities, including legal remedies for affected communities. Despite these opportunities, major impediments to meaningful change exist.

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