ABSTRACT

Following on the elaboration of cultural considerations in various stages of the legal process, and in various types of forensic psychiatric assessments (see chapter 6), we present in this chapter case materials for discussion and illustration regarding how cultural issues may be incorporated when working on forensic cases. We selected illustrative cases, many of them landmark cases in mental health law, for examination from a cultural perspective. After discussing these cases we comment on the cultural aspects of cases in which defendants attempted to use a cultural defense in court. Finally, we present forensic cases that have involved the collaboration of a cultural psychiatrist or cultural expert. The latter group of cases illustrates how cultural issues have been played out within the legal process and demonstrates how suitable cultural experts can provide useful information. In discussing the cases selected in this chapter, we have not attempted to review or reexamine them with regard to their legal aspects but rather have used them as a fabric to analyze and elaborate how to deal with and understand the cultural information they contain. Even though detailed information about these cases is already available in various legal documents, in this chapter we minimized the personal information to the extent possible out of respect for confidentiality.