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READ ALL OF THE HIGHLIGHTED CONTENT BELOW, ALL OF IT z.) You will now examine a case in which a defendant has asked the court
READ ALL OF THE HIGHLIGHTED CONTENT BELOW, ALL OF IT z.) You will now examine a case in which a defendant has asked the court to excuse them from criminal liability, or to reduce their liability, based on their culture. A cultural defense -- or the assertion that a person's different cultural background influenced his or her actions -- can he used as a mitigating factor to help a defendant get a plea deal or a break on his sentence. Defense lawyers claim that the idea of using a cultural defense is to help explain a defendant's personal circumstances and why they would do what they did. This coincides with American notions of "individualized justice" and "cultural pluralism." Supporters of this defense state they are not concerned with social consequences, i.e. if other immigrants think their behavior will be tolerated, because the concern of the court is whether or not the defendant is guilty based on all the evidence. On the other hand, there is concern that increased use of the cultural defense will expose U.S. courts to patriarchal values from abroad -- to the detriment of immigrant women, many of whom were treated as second-class citizens in the lands they
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