Law Cultural Diversity And Criminal Defense

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Law, Cultural Diversity, and Criminal Defense

Craig L. Carr,Lisa Johnson

Author : Craig L. Carr,Lisa Johnson
Publisher : Routledge
Page : 154 pages
File Size : 41,6 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.

Criminal Law and Cultural Diversity

Will Kymlicka,Claes Lernestedt,Matt Matravers

Author : Will Kymlicka,Claes Lernestedt,Matt Matravers
Publisher : OUP Oxford
Page : 240 pages
File Size : 47,5 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.

Cultural Issues in Criminal Defense

Linda Friedman Ramirez

Author : Linda Friedman Ramirez
Publisher : Juris Publishing, Inc.
Page : 1156 pages
File Size : 50,6 Mb
Release : 2010-08-01
Category : Law
ISBN : 9781578232710

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Cultural Issues in Criminal Defense by Linda Friedman Ramirez Pdf

The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.

Multicultural Jurisprudence

Marie-Claire Foblets,Alison Dundes Renteln

Author : Marie-Claire Foblets,Alison Dundes Renteln
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 53,8 Mb
Release : 2009-01-16
Category : Law
ISBN : 9781847314819

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Multicultural Jurisprudence by Marie-Claire Foblets,Alison Dundes Renteln Pdf

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts have given rise to a new multicultural jurisprudence. In this volume scholars grapple with the immense challenges judges are currently experiencing everywhere. To what extent can and should courts accommodate litigants' requests by taking their cultural backgrounds into account? This collection brings together powerful examples of the cultural defense in many countries in Western Europe, North America, and elsewhere. It shows the ubiquity of this defense, contrary to the mistaken impression that it has been invoked principally in the United States. This book makes the case for undertaking studies of the use of the cultural defense in jurisdictions all over the world where this has not been previously documented. Many of the chapters concentrate on criminal cases including homicide in the context of honour crimes, provocation based on 'loss of face' or witchcraft killings. Some deal with other areas of law such as asylum jurisprudence, family law and housing policy. They show in concrete cases how cultural claims have arisen and how legal systems wrestle with these arguments. It is clear that judges have had considerable difficulty handling many of the cultural claims. The authors demonstrate persuasively the need to reconsider the proper use of cultural evidence in legal proceedings. Those interested in the ways in which expertise influences the disposition of cases will find this book compelling.

Criminal Law and Cultural Diversity

Will Kymlicka,Claes Lernestedt,Matt Matravers

Author : Will Kymlicka,Claes Lernestedt,Matt Matravers
Publisher : Oxford University Press, USA
Page : 225 pages
File Size : 52,6 Mb
Release : 2014
Category : Law
ISBN : 9780199676590

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

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists, this text offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility --

The Judgment of Culture

Lawrence Rosen

Author : Lawrence Rosen
Publisher : Routledge
Page : 254 pages
File Size : 48,7 Mb
Release : 2017-08-09
Category : Social Science
ISBN : 9781315298979

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The Judgment of Culture by Lawrence Rosen Pdf

Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.

Multicultural Lawyering

Kim O'Leary,Mable Martin-Scott

Author : Kim O'Leary,Mable Martin-Scott
Publisher : Unknown
Page : 392 pages
File Size : 46,6 Mb
Release : 2021
Category : Attorney and client
ISBN : 1531020410

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Multicultural Lawyering by Kim O'Leary,Mable Martin-Scott Pdf

"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--

Courts, Pluralism and Law in the Everyday

Cinzia Piciocchi

Author : Cinzia Piciocchi
Publisher : Taylor & Francis
Page : 275 pages
File Size : 51,9 Mb
Release : 2023-08-11
Category : Law
ISBN : 9781000924589

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Courts, Pluralism and Law in the Everyday by Cinzia Piciocchi Pdf

This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law.

Culture, Diversity, and Criminal Justice

Workman Alex,Kaddour Ranya,Griffin M. Patricia

Author : Workman Alex,Kaddour Ranya,Griffin M. Patricia
Publisher : Routledge
Page : 0 pages
File Size : 48,6 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.

Cultural Issues in Criminal Defense - Fourth Edition

Jorge L. Barón,Virginia Benmaman,James G. Connell, III ,Tracy Dreispul ,Hanni Fakhoury,Jack E. Fernandez,Isabel Framer,Tova Indritz ,Kathlyn M. Mackovjak ,Timothy P. O'Toole,George Scott,Azadeh Shahshahani,Fredilyn Sison,Margaret van Naerssen,Mark Warren,Chris Westmoreland

Author : Jorge L. Barón,Virginia Benmaman,James G. Connell, III ,Tracy Dreispul ,Hanni Fakhoury,Jack E. Fernandez,Isabel Framer,Tova Indritz ,Kathlyn M. Mackovjak ,Timothy P. O'Toole,George Scott,Azadeh Shahshahani,Fredilyn Sison,Margaret van Naerssen,Mark Warren,Chris Westmoreland
Publisher : Juris Publishing, Inc.
Page : 587 pages
File Size : 49,5 Mb
Release : 2015-06-01
Category : Alien criminals
ISBN : 9781578234400

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Cultural Issues in Criminal Defense - Fourth Edition by Jorge L. Barón,Virginia Benmaman,James G. Connell, III ,Tracy Dreispul ,Hanni Fakhoury,Jack E. Fernandez,Isabel Framer,Tova Indritz ,Kathlyn M. Mackovjak ,Timothy P. O'Toole,George Scott,Azadeh Shahshahani,Fredilyn Sison,Margaret van Naerssen,Mark Warren,Chris Westmoreland Pdf

Cultural Issues in Criminal Defense discusses approaches to defending cultural issues. The cultural issues are not limited to differences between people of different countries, however. Cultural issues can arise within a country and amongst its people, within a means of collecting and investigating information, and within the way the society perceives the information. All of these factors affect how criminal defense practitioners prepare their cases - from consulting with their clients, to reviewing the investigation by law enforcement, anticipating what information may need to be suppressed, minimized, or emphasized, selecting the jury, attempting to manage how the media reports the information, the direct and cross-examination of witnesses, admission of evidence, and potentially appeal and post-conviction. Special features of this new edition include chapters on: --“Interviewing Immigrant Clients and Special Immigrant Relief for Crime Victims” --“Immigration Consequences of Criminal Convictions” --“Digital Defense: Meeting the Challenges that the Computer Fraud and Abuse Act Poses” --“A General Discussion of Some Cultural Issues from State of Florida v George Zimmerman.” This book is a helpful tool for any practitioner whether they have a criminal defendant in a case abroad, a case involving an immigrant defendant in the U.S., or a criminal case within the U.S. with a unique cultural issue.

African Customary Justice

Pnina Werbner,Richard Werbner

Author : Pnina Werbner,Richard Werbner
Publisher : Routledge
Page : 298 pages
File Size : 53,6 Mb
Release : 2021-12-29
Category : Law
ISBN : 9781000519013

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African Customary Justice by Pnina Werbner,Richard Werbner Pdf

This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the ‘customary’ is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country’s past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state’s present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.

Honour-Based Violence and Forced Marriages

Clara Rigoni

Author : Clara Rigoni
Publisher : Taylor & Francis
Page : 216 pages
File Size : 49,7 Mb
Release : 2022-08-12
Category : Law
ISBN : 9781000631654

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Honour-Based Violence and Forced Marriages by Clara Rigoni Pdf

In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Culture and the Judiciary

Ilenia Ruggiu

Author : Ilenia Ruggiu
Publisher : Routledge
Page : 248 pages
File Size : 42,9 Mb
Release : 2018-12-07
Category : Law
ISBN : 9780429782091

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Culture and the Judiciary by Ilenia Ruggiu Pdf

How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analysis of hundreds of cases produced through decades of multicultural jurisprudence, this book reconstructs the constitutional and anthropological narratives and the legal techniques used by Western judges to face the challenges posed by multiculturalism: from Japanese parent–child suicide to the burqa, from Jewish circumcision to Roma begging, from kissing a son on his genitals to the claim of indigenous people to fish salmon in natural parks, the book brings the reader into a fascinating journey at the crux of the encounter between the relativism of anthropology and the endeavor toward a democratic coexistence pursued by the law. After identifying the recurrent themes or topoi used by judges and lawyers, this book critically analyzes them, evaluates their persuasive power and suggests a "cultural test" that gathers together the crucial questions to be answered when resolving a multicultural dispute. The "cultural test" is a matrix that guides the judge, lawyers and legislatures across the intricate paths of multiculturalism, to assure a relational dialogue between the law and anthropology.

Cultural Defences at the International Criminal Court

Noelle Higgins

Author : Noelle Higgins
Publisher : Routledge
Page : 124 pages
File Size : 41,7 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.

The Oxford Handbook of International Criminal Law

Darryl Robinson

Author : Darryl Robinson
Publisher : Oxford University Press, USA
Page : 911 pages
File Size : 49,6 Mb
Release : 2020
Category : Law
ISBN : 9780198825203

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The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

Moving away from conventional approaches to the study of the subject, the Oxford Handbook of International Criminal Law draws on insights from disciplines both outside of criminal law and outside of law itself to critically examine issues such as international criminal law's actors, rationales, boundaries, and narratives

Law Cultural Diversity And Criminal Defense

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

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

Cultural Issues in Criminal Defense by Linda Friedman Ramirez Pdf

Multicultural Jurisprudence by Marie-Claire Foblets,Alison Dundes Renteln Pdf

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

The Judgment of Culture by Lawrence Rosen Pdf

Multicultural Lawyering by Kim O'Leary,Mable Martin-Scott Pdf

Courts, Pluralism and Law in the Everyday by Cinzia Piciocchi Pdf

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

African Customary Justice by Pnina Werbner,Richard Werbner Pdf

Honour-Based Violence and Forced Marriages by Clara Rigoni Pdf

Culture and the Judiciary by Ilenia Ruggiu Pdf

Cultural Defences at the International Criminal Court by Noelle Higgins Pdf

The Oxford Handbook of International Criminal Law by Darryl Robinson Pdf

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