Criminal Law And Cultural Diversity

Author : Will Kymlicka,Claes Lernestedt,Matt Matravers
Publisher : OUP Oxford
Page : 240 pages
File Size : 51,6 Mb
Release : 2014-05-15
Category : Political Science
ISBN : 9780191664304

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Criminal Law and Cultural Diversity by Will Kymlicka,Claes Lernestedt,Matt Matravers Pdf

The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.

Author : Craig L. Carr,Lisa Johnson
Publisher : Routledge
Page : 154 pages
File Size : 45,7 Mb
Release : 2018-07-27
Category : Law
ISBN : 9780429015595

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Law, Cultural Diversity, and Criminal Defense by Craig L. Carr,Lisa Johnson Pdf

American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 1991
Category : Electronic
ISBN : OCLC:1091736368

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Multiculturalism by Anonim Pdf

Author : Ralph Grillo,Roger Ballard,Alessandro Ferrari,André J. Hoekema,Marcel Maussen,Prakash Shah
Publisher : Routledge
Page : 381 pages
File Size : 43,7 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351922395

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Legal Practice and Cultural Diversity by Ralph Grillo,Roger Ballard,Alessandro Ferrari,André J. Hoekema,Marcel Maussen,Prakash Shah Pdf

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Author : Derek M.D. Silva,Mathieu Deflem
Publisher : Emerald Group Publishing
Page : 216 pages
File Size : 55,8 Mb
Release : 2022-05-12
Category : Social Science
ISBN : 9781801170017

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Diversity in Criminology and Criminal Justice Studies by Derek M.D. Silva,Mathieu Deflem Pdf

This volume explores the theoretical and methodological maturity and diversity in reflexive accounts of criminology and criminal justice in a number of areas, such as and teaching and research in criminology, queer criminology, the intersections of race and gender, indigeneity and decolonization, domestic violence and human rights.

Author : James Earnest Hendricks,Bryan Byers,Kiesha Warren-Gordon
Publisher : Charles C. Thomas Publisher
Page : 0 pages
File Size : 54,5 Mb
Release : 2011
Category : Criminal justice, Administration of
ISBN : 0398086648

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Multicultural Perspectives in Criminal Justice and Criminology by James Earnest Hendricks,Bryan Byers,Kiesha Warren-Gordon Pdf

This third edition has been slimmed down from previous editions. Chapters have been combined and subjects updated throughout. In keeping with the theme of previous editions, this third edition addresses cultural diversity, criminal justice, and criminology. As an edited anthology, this book represents the work of national scholars who have expertise in criminal justice issues in a multicultural context. The book includes original work addressing such diversity issues as gender, race, ethnicity, and sexuality in criminal justice and criminology. In addition, types of crime, juvenile justice issues, training, and college curricula are also discussed.

Author : Lee E. Ross
Publisher : Unknown
Page : 326 pages
File Size : 45,8 Mb
Release : 2019-11-08
Category : Electronic
ISBN : 1516599292

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Readings in Cultural Diversity and Criminal Justice by Lee E. Ross Pdf

Readings in Cultural Diversity and Criminal Justice presents students with a collection of scholarly, interdisciplinary articles and invites them to critically examine the importance of cultural diversity within the criminal justice system. The book is divided into five parts. Part I consists of introductory articles that discuss colorism, the origins of racism, and how the media perpetuates racial stereotypes. In Part II, students read articles devoted to theory that ad

Author : Renaud Colson,Stewart Field
Publisher : Cambridge University Press
Page : 295 pages
File Size : 50,5 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107096585

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EU Criminal Justice and the Challenges of Diversity by Renaud Colson,Stewart Field Pdf

The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.

Author : Robert McNamara
Publisher : Unknown
Page : 361 pages
File Size : 46,9 Mb
Release : 2008
Category : Electronic
ISBN : 0077392698

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Multiculturalism in the Criminal Justice System by Robert McNamara Pdf

Multiculturalism in the Criminal Justice System provides an overview of the problems and promises of cultural diversity in the criminal justice system. Not only does this text discuss the different minority groups as they relate to law enforcement officers, it also explores the interactions within the courts and correctional agencies, noting the unique problems and issues each minority group faces. Unlike many other texts, it also covers how multiculturalism affects officials working within the criminal justice system.

Author : Alison Dundes Renteln
Publisher : Oxford University Press, USA
Page : 422 pages
File Size : 48,7 Mb
Release : 2005
Category : Law
ISBN : 0195154037

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The Cultural Defense by Alison Dundes Renteln Pdf

Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.

Author : Workman Alex,Kaddour Ranya,Griffin M. Patricia
Publisher : Routledge
Page : 0 pages
File Size : 45,8 Mb
Release : 2023-04-03
Category : Electronic
ISBN : 1032191872

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Culture, Diversity, and Criminal Justice by Workman Alex,Kaddour Ranya,Griffin M. Patricia Pdf

This ground-breaking textbook engages readers in conversation about responding to the effects of diversity within formal criminal justice systems in Westernized nation-states. Moving past a binary concept of diversity that involves only race and gender, this book elaborates upon a wide variety of other forms of diversity, including sexuality, disability, mental health, gendered identity, refugees, the young and the ageing, and culturally and linguistically diverse (CALD) peoples, with an awareness of how intersecting identities make some people more vulnerable than others. With reported statistics providing only a snapshot of the incongruent experiences of diverse minorities in contact with criminal justice systems, there is a clear need for nuanced training and accessible information regarding diversity in criminal justice. The book examines diversity in terms of both criminal justice agents and justice-involved individuals such as people in prison, those convicted of crimes, the victimized, and the community. This volume brings together a group of international scholars to articulate on each of the identified populations, examining the effect of culture and diversity on criminal justice outcomes and outlining how those diverse perspectives can improve criminal justice service delivery overall. Incorporating case studies, reflections, and activity questions, this book is a valuable resource for courses in criminology, criminal justice, corrections, and law enforcement, and is ideal for any program focusing on multiculturalism and diversity in criminal justice. Scholars, researchers, and professionals will also benefit from the analysis.

Author : Noelle Higgins
Publisher : Routledge
Page : 124 pages
File Size : 54,6 Mb
Release : 2017-12-22
Category : Law
ISBN : 9781351718035

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Cultural Defences at the International Criminal Court by Noelle Higgins Pdf

Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

Author : Robert McNamara,Ronald Burns
Publisher : Unknown
Page : 448 pages
File Size : 43,8 Mb
Release : 2020-07-28
Category : Electronic
ISBN : 0190078677

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Multiculturalism, Crime, and Criminal Justice by Robert McNamara,Ronald Burns Pdf

Multiculturalism, Crime, and Criminal Justice, Second Edition, provides an overview of the problems and promises of cultural diversity in society and within all facets of the criminal justice system. It focuses on how different marginalized groups--African Americans, Hispanic Americans, Asian Americans, Native Americans, women, the LGBTQ community, the elderly, and juveniles--are impacted by law enforcement, the courts, and correctional agencies, addressing the issues that each group faces. It also examines how multiculturalism affects those who work within the criminal justice system, including members of minority groups.

Author : Prakash Shah
Publisher : Routledge
Page : 213 pages
File Size : 55,8 Mb
Release : 2016-09-17
Category : Law
ISBN : 9781135308780

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Legal Pluralism in Conflict by Prakash Shah Pdf

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

Author : Marsha Tarver,Steven Douglas Walker,Harvey Wallace
Publisher : Prentice Hall
Page : 288 pages
File Size : 48,7 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063210558

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Multicultural Issues in the Criminal Justice System by Marsha Tarver,Steven Douglas Walker,Harvey Wallace Pdf

Resource added for the Criminal Justice - Law Enforcement 105046 and Professional Studies 105045 programs.