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Author: Jorge L. Barón Publisher: Juris Publishing, Inc. ISBN: 1578234409 Category : Law Languages : en Pages : 587
Book Description
Cultural Issues in Criminal Defense discusses approaches to defending cultural issues. The cultural issues are not limited to differences between people of different countries, however. Cultural issues can arise within a country and amongst its people, within a means of collecting and investigating information, and within the way the society perceives the information. All of these factors affect how criminal defense practitioners prepare their cases - from consulting with their clients, to reviewing the investigation by law enforcement, anticipating what information may need to be suppressed, minimized, or emphasized, selecting the jury, attempting to manage how the media reports the information, the direct and cross-examination of witnesses, admission of evidence, and potentially appeal and post-conviction. Special features of this new edition include chapters on: --“Interviewing Immigrant Clients and Special Immigrant Relief for Crime Victims” --“Immigration Consequences of Criminal Convictions” --“Digital Defense: Meeting the Challenges that the Computer Fraud and Abuse Act Poses” --“A General Discussion of Some Cultural Issues from State of Florida v George Zimmerman.” This book is a helpful tool for any practitioner whether they have a criminal defendant in a case abroad, a case involving an immigrant defendant in the U.S., or a criminal case within the U.S. with a unique cultural issue.
Author: Jorge L. Barón Publisher: Juris Publishing, Inc. ISBN: 1578234409 Category : Law Languages : en Pages : 587
Book Description
Cultural Issues in Criminal Defense discusses approaches to defending cultural issues. The cultural issues are not limited to differences between people of different countries, however. Cultural issues can arise within a country and amongst its people, within a means of collecting and investigating information, and within the way the society perceives the information. All of these factors affect how criminal defense practitioners prepare their cases - from consulting with their clients, to reviewing the investigation by law enforcement, anticipating what information may need to be suppressed, minimized, or emphasized, selecting the jury, attempting to manage how the media reports the information, the direct and cross-examination of witnesses, admission of evidence, and potentially appeal and post-conviction. Special features of this new edition include chapters on: --“Interviewing Immigrant Clients and Special Immigrant Relief for Crime Victims” --“Immigration Consequences of Criminal Convictions” --“Digital Defense: Meeting the Challenges that the Computer Fraud and Abuse Act Poses” --“A General Discussion of Some Cultural Issues from State of Florida v George Zimmerman.” This book is a helpful tool for any practitioner whether they have a criminal defendant in a case abroad, a case involving an immigrant defendant in the U.S., or a criminal case within the U.S. with a unique cultural issue.
Author: Linda Friedman Ramirez Publisher: Juris Publishing, Inc. ISBN: 1578232716 Category : Law Languages : en Pages : 1156
Book Description
The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.
Author: Craig L. Carr Publisher: Routledge ISBN: 0429015593 Category : Law Languages : en Pages : 154
Book Description
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.
Author: Will Kymlicka Publisher: OUP Oxford ISBN: 0191664308 Category : Political Science Languages : en Pages : 225
Book Description
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
Author: Alison Dundes Renteln Publisher: Oxford University Press, USA ISBN: 9780195154030 Category : Law Languages : en Pages : 422
Book Description
Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
Author: Debra S. Emmelman Publisher: Routledge ISBN: 1351771191 Category : Social Science Languages : en Pages : 166
Book Description
This title was first published in 2003. In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or "procedurally just") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials. A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.
Author: Lawrence Rosen Publisher: Routledge ISBN: 131529897X Category : Social Science Languages : en Pages : 332
Book Description
Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Author: Jorge L. Barón
Author: Jorge L. Barón
Author: Linda Friedman Ramirez
Author: Linda Friedman Ramirez
Author: Craig L. Carr
Author: Will Kymlicka
Author: Michael Winkelman
Author: Alison Dundes Renteln
Author: University of San Diego. School of Law
Author: Debra S. Emmelman
Author: Lawrence Rosen