Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

image text in transcribed
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

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Income Tax Fundamentals 2013

Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill

31st Edition

1111972516, 978-1285586618, 1285586611, 978-1285613109, 978-1111972516

Students also viewed these Law questions