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.
Craig L. Carr & Lisa Johnson
Law, Cultural Diversity, and Criminal Defense
Law, Cultural Diversity, and Criminal Defense
định dạng EPUB ● Trang 160 ● ISBN 9780429015595 ● Nhà xuất bản Taylor and Francis ● Được phát hành 2018 ● Có thể tải xuống 3 lần ● Tiền tệ EUR ● TÔI 6582567 ● Sao chép bảo vệ Adobe DRM
Yêu cầu trình đọc ebook có khả năng DRM