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Law, Cultural Diversity, and Criminal Defense

Book

Law, Cultural Diversity, and Criminal Defense

DOI link for Law, Cultural Diversity, and Criminal Defense

Law, Cultural Diversity, and Criminal Defense book

Law, Cultural Diversity, and Criminal Defense

DOI link for Law, Cultural Diversity, and Criminal Defense

Law, Cultural Diversity, and Criminal Defense book

ByCraig L. Carr, Lisa Johnson
Edition 1st Edition
First Published 2018
eBook Published 31 July 2018
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9780429506864
Pages 160
eBook ISBN 9780429506864
Subjects Law, Politics & International Relations, Social Sciences
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Carr, C.L., & Johnson, L. (2018). Law, Cultural Diversity, and Criminal Defense (1st ed.). Routledge. https://doi.org/10.4324/9780429506864

ABSTRACT

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.

TABLE OF CONTENTS

chapter |9 pages

Introduction

chapter 1|19 pages

Law, politics, and social justice

chapter 2|19 pages

The question of culture

chapter 3|18 pages

Social justice and legal practice

chapter 4|26 pages

Criminal defense and cultural autonomy

chapter 5|27 pages

Culture and the Constitution

chapter 6|17 pages

Culture and criminal responsibility

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