Law, Cultural Diversity, and Criminal Defense (Cultural Diversity and Law)

By: Craig L. Carr and Lisa Johnson

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Synopsis: 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.

Book Quality:: Publisher Quality
Book Size:: 154 Pages
ISBN-13:: 9780429015601
Related ISBNs:: 9780429506864, 9781138581173, 9781138581173, 9780367481247, 9780367481247
Publisher:: Taylor and Francis
Date of Addition:: 03/20/20
Copyrighted By:: N/A
Adult content:: No
Language:: English
Has Image Descriptions:: No
Categories:: Nonfiction, Social Studies, Law, Legal Issues and Ethics, Politics and Government
Submitted By:: Bookshare Staff
Usage Restrictions:: This is a copyrighted book.