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Cultural Issues In Criminal Defense
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Book Synopsis Cultural Issues in Criminal Defense - Fourth Edition by : Jorge L. Barón
Download or read book Cultural Issues in Criminal Defense - Fourth Edition written by Jorge L. Barón and published by Juris Publishing, Inc.. This book was released on 2015-06-01 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Cultural Issues in Criminal Defense by : Linda Friedman Ramirez
Download or read book Cultural Issues in Criminal Defense written by Linda Friedman Ramirez and published by Juris Pub Incorporated. This book was released on 2007 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cultural Issues in Criminal Defense by : Linda Friedman Ramirez
Download or read book Cultural Issues in Criminal Defense written by Linda Friedman Ramirez and published by Juris Publishing, Inc.. This book was released on 2010-08-01 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, Cultural Diversity, and Criminal Defense by : Craig L. Carr
Download or read book Law, Cultural Diversity, and Criminal Defense written by Craig L. Carr and published by Routledge. This book was released on 2018-07-27 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Cultural Defense by : Alison Dundes Renteln
Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Criminal Law and Cultural Diversity by : Will Kymlicka
Download or read book Criminal Law and Cultural Diversity written by Will Kymlicka and published by OUP Oxford. This book was released on 2014-05-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Intersections of Law and Culture at the International Criminal Court by : Julie Fraser
Download or read book Intersections of Law and Culture at the International Criminal Court written by Julie Fraser and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Book Synopsis Cultural Defences at the International Criminal Court by : Noelle Higgins
Download or read book Cultural Defences at the International Criminal Court written by Noelle Higgins and published by Routledge. This book was released on 2017-12-22 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Engaging Cultural Differences by : Richard A., Shweder
Download or read book Engaging Cultural Differences written by Richard A., Shweder and published by Russell Sage Foundation. This book was released on 2002-06-27 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.
Book Synopsis The Criminal Lawyer's Guide to Immigration Law by : Robert James McWhirter
Download or read book The Criminal Lawyer's Guide to Immigration Law written by Robert James McWhirter and published by American Bar Association. This book was released on 2006 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise guide focuses on the criminal lawyer's most common questions about immigration law and representing noncitizens, from Who exactly is an alien? to Are removal hearings conducted like criminal proceedings?
Book Synopsis Privilege and Punishment by : Matthew Clair
Download or read book Privilege and Punishment written by Matthew Clair and published by Princeton University Press. This book was released on 2022-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Book Synopsis The Judgment of Culture by : Lawrence Rosen
Download or read book The Judgment of Culture written by Lawrence Rosen and published by Routledge. This book was released on 2017-08-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justice for the Poor by : Debra S. Emmelman
Download or read book Justice for the Poor written by Debra S. Emmelman and published by Routledge. This book was released on 2018-05-08 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or "procedurally just") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials. A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.
Book Synopsis Principles and Practice of Child and Adolescent Forensic Mental Health by : Elissa P. Benedek
Download or read book Principles and Practice of Child and Adolescent Forensic Mental Health written by Elissa P. Benedek and published by American Psychiatric Pub. This book was released on 2009-10-20 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: When care of younger patients raises thorny legal questions, you need answers you can trust: that's why this book belongs on every clinician's reference shelf. Principles and Practice of Child and Adolescent Forensic Mental Health is a timely and authoritative source that covers issues ranging from child custody to litigation concerns as it walks clinicians through the often-confusing field of depositions and courtroom testimony. The book expands on the 2002 volume Principles and Practice of Child and Adolescent Forensic Psychiatry winner of the 2003 Manfred S. Guttmacher Award, to meet pressing twenty-first-century concerns, from telepsychiatry to the Internet, while continuing to cover basic issues, such as forensic evaluation, psychological screening, and the interviewing of children for suspected sexual abuse, that are important to both new and experienced practitioners. Many of its chapters have been entirely rewritten by new authors to provide fresh insight into such topics as child custody; juvenile law; abuse, neglect, and permanent wardship cases; transcultural, transracial, and gay/lesbian parenting and adoption; and the reliability and suggestibility of children's statements. It also includes significant material not found in the previous volume: Two chapters on special education offer an introduction to screening instruments and help practitioners determine a child's potential need for special education programs and services. A chapter on cultural competence helps readers improve the accuracy and responsiveness of forensic evaluations and minimize the chance of an unjust outcome resulting from misguided expert opinion. The section on youth violence features three new chapters -- Taxonomy and Neurobiology of Aggression, Prevention of School Violence, and Juvenile Stalkers -- plus a newly written chapter on assessment of violence risk, offering guidance on how to confront problems such as bullying and initiate effective family interventions. A chapter on psychiatric malpractice and professional liability addresses these legal concerns with an eye toward cases involving minors. A chapter on psychological autopsy covers evaluation of the circumstances surrounding pediatric suicides, describing various types of equivocal deaths and discussing legal issues such as admissibility of the autopsy in court. A newly written chapter on the Internet expands the previous book's focus on child pornography to help practitioners deal with issues ranging from online threats to emotional and legal consequences of interactions in cyberspace. This is a valuable reference not only for practitioners in psychiatry and the mental health field but also for attorneys and judges. It opens up a field that may be too often avoided and helps professionals make their way through legal thickets with confidence.
Book Synopsis Reframing Punishment: Reflections of Culture, Literature and Morals by :
Download or read book Reframing Punishment: Reflections of Culture, Literature and Morals written by and published by BRILL. This book was released on 2020-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume offers an attempt to question, perplex and ultimately reframe our collective understanding of punishment.
Book Synopsis Thwarting Death by : Matthew J. Greife
Download or read book Thwarting Death written by Matthew J. Greife and published by Springer Nature. This book was released on 2024-01-02 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the lived experienes of death penalty defense lawyers and how they created a legal culture of resistance to the death penalty. It argues that an important social component of death penalty abolition in the state of Colorado was due to the efforts of capital defense attorneys. Specifically, it explores how the death penalty defense lawyers created and embraced a legal culture of resistance which compelled the attorneys to fight tenaciously in order to win life sentences for clients that had committed brutal homicides. A legal culture of resistance does not exist in a vacuum. Thwarting Death traces the lived experience of 15 death penalty defense lawyers from when they were kids all the way up through retirement to explain how a legal culture of resistance forms and lawyers operate within it after being established which in turn can have a massive influence on public policy outside of a courtroom; such as creating a social and political environment conducive to abolishing the death penalty.
Book Synopsis Legal Anthropology by : James M. Donovan
Download or read book Legal Anthropology written by James M. Donovan and published by AltaMira Press. This book was released on 2007-12-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.
