Law Cultural Diversity And Criminal Defense

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Law, Cultural Diversity, and Criminal Defense

Author : Craig L. Carr
Publisher : Routledge
ISBN 13 : 0429015593
Total Pages : 154 pages
Book Rating : 4.4/5 (29 download)

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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.

Criminal Law and Cultural Diversity

Author : Will Kymlicka
Publisher : OUP Oxford
ISBN 13 : 0191664308
Total Pages : 240 pages
Book Rating : 4.1/5 (916 download)

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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.

Cultural Issues in Criminal Defense

Author : Linda Friedman Ramirez
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578232716
Total Pages : 1156 pages
Book Rating : 4.5/5 (782 download)

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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.

Cultural Issues in Criminal Defense - Fourth Edition

Author : Jorge L. Barón
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578234409
Total Pages : 587 pages
Book Rating : 4.5/5 (782 download)

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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.

The Judgment of Culture

Author : Lawrence Rosen
Publisher : Routledge
ISBN 13 : 131529897X
Total Pages : 254 pages
Book Rating : 4.3/5 (152 download)

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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.

Multicultural Jurisprudence

Author : Marie-Claire Foblets
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314813
Total Pages : 392 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multicultural Jurisprudence by : Marie-Claire Foblets

Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by Bloomsbury Publishing. This book was released on 2009-01-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Examining Local Legal Culture

Author : Thomas W. Church
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Examining Local Legal Culture by : Thomas W. Church

Download or read book Examining Local Legal Culture written by Thomas W. Church and published by . This book was released on 1982 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Law and Cultural Diversity

Author : Will Kymlicka
Publisher : Oxford University Press, USA
ISBN 13 : 0199676593
Total Pages : 225 pages
Book Rating : 4.1/5 (996 download)

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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 Oxford University Press, USA. This book was released on 2014 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 --

Bias in the Law

Author : Joseph Avery
Publisher : Rowman & Littlefield
ISBN 13 : 1793601046
Total Pages : 239 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Bias in the Law by : Joseph Avery

Download or read book Bias in the Law written by Joseph Avery and published by Rowman & Littlefield. This book was released on 2020-02-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Racial bias in the U.S. criminal justice system is much debated and discussed, but until now, no single volume has covered the full expanse of the issue. In Bias in the Law, sixteen outstanding experts address the impact of racial bias in the full roster of criminal justice actors. They examine the role of legislators crafting criminal justice legislation, community enforcers, and police, as well as prosecutors, criminal defense attorneys, judges, and jurors. Understanding when and why bias arises, as well as how it impacts defendants requires a clear understanding how each of these actors operate. Contributions touch on other crucial topics—racialized drug stigma, legal technology, and interventions—that are vital for understanding how the United States has reached this moment of stark racial disparity in incarceration. The result is an important entry into understanding the pervasiveness of racial bias, how such bias impacts legal outcomes, and why such impact matters. This is an issue that is as relevant today as it was fifty—or even one hundred fifty—years ago, and collection editors Joseph Avery and Joel Cooper provide a glimpse at how to proceed.

Cultural Defences at the International Criminal Court

Author : Noelle Higgins
Publisher : Routledge
ISBN 13 : 1351718037
Total Pages : 124 pages
Book Rating : 4.3/5 (517 download)

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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.

Multiculturalism, Crime, and Criminal Justice

Author : Robert Hartmann McNamara
Publisher : Oxford University Press, USA
ISBN 13 : 9780190642693
Total Pages : pages
Book Rating : 4.6/5 (426 download)

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Book Synopsis Multiculturalism, Crime, and Criminal Justice by : Robert Hartmann McNamara

Download or read book Multiculturalism, Crime, and Criminal Justice written by Robert Hartmann McNamara and published by Oxford University Press, USA. This book was released on 2017-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Culture, Diversity, and Criminal Justice

Author : Workman Alex
Publisher : Routledge
ISBN 13 : 9781032191874
Total Pages : 0 pages
Book Rating : 4.1/5 (918 download)

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Book Synopsis Culture, Diversity, and Criminal Justice by : Workman Alex

Download or read book Culture, Diversity, and Criminal Justice written by Workman Alex and published by Routledge. This book was released on 2023-04-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courts, Pluralism and Law in the Everyday

Author : Cinzia Piciocchi
Publisher : Taylor & Francis
ISBN 13 : 1000924580
Total Pages : 275 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Courts, Pluralism and Law in the Everyday by : Cinzia Piciocchi

Download or read book Courts, Pluralism and Law in the Everyday written by Cinzia Piciocchi and published by Taylor & Francis. This book was released on 2023-08-11 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Readings in Cultural Diversity and Criminal Justice

Author : Lee E. Ross
Publisher :
ISBN 13 : 9781516599295
Total Pages : 326 pages
Book Rating : 4.5/5 (992 download)

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Book Synopsis Readings in Cultural Diversity and Criminal Justice by : Lee E. Ross

Download or read book Readings in Cultural Diversity and Criminal Justice written by Lee E. Ross and published by . This book was released on 2019-11-08 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

African Customary Justice

Author : Pnina Werbner
Publisher : Routledge
ISBN 13 : 1000519015
Total Pages : 298 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis African Customary Justice by : Pnina Werbner

Download or read book African Customary Justice written by Pnina Werbner and published by Routledge. This book was released on 2021-12-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Multicultural Perspectives in Criminal Justice and Criminology

Author : James Earnest Hendricks
Publisher : Charles C. Thomas Publisher
ISBN 13 : 9780398086640
Total Pages : 0 pages
Book Rating : 4.0/5 (866 download)

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Book Synopsis Multicultural Perspectives in Criminal Justice and Criminology by : James Earnest Hendricks

Download or read book Multicultural Perspectives in Criminal Justice and Criminology written by James Earnest Hendricks and published by Charles C. Thomas Publisher. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Honour-Based Violence and Forced Marriages

Author : Clara Rigoni
Publisher : Taylor & Francis
ISBN 13 : 1000631656
Total Pages : 216 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Honour-Based Violence and Forced Marriages by : Clara Rigoni

Download or read book Honour-Based Violence and Forced Marriages written by Clara Rigoni and published by Taylor & Francis. This book was released on 2022-08-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.