Law Cultural Diversity And Criminal Defense

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.

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.

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.

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.

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Women criminal defense attorneys routinely handle cases that would grossly offend the sensibilities of the ordinary woman or man. Often asked to use their gender as a strategy to strengthen the defense, they struggle with myriad moral and ideological conflicts inherent in representing men accused of such violent crimes against women as rape, domestic abuse, and child molestation. This groundbreaking work explores how women attorneys manage those conflicts, how they use ideologies in defense of their work, and how they cope with the emotional stress of their professional lives. Drawing on extensive interviews and ethnographic research, Cynthia Siemsen presents thirteen provocative case studies to illustrate the unique interplay between ideology and emotion in these women. Skillfully blending the words of criminal attorneys themselves with a solid theoretical framework, she explores the ways in which women's perspectives about their identities, roles, and emotions evolve through three distinct stages: early, mid-career, and seasoned attorney. Siemsen argues convincingly that the stresses of public defense work, including dealing with such burdens as California's stringently enforced three-strikes law, create much more conflict for women than intrinsic contradictions between feminist beliefs and professional ideologies. The longer a woman practices law, the author finds, the better she becomes at managing her emotions by strictly adhering to the constitutional ideal of protecting individual rights. An appendix, "Ambivalent Identities: Men of Color Who Prosecute Their 'Own,'" offers a comparative viewpoint of the experiences of African American male prosecutors. This insightful volume offers a unique lens through which to view the work lives of women criminal defense attorneys and sheds new light on how they resolve and survive the moral dilemmas and emotional stress of their jobs.

How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.

The ultimate justice of the people? Is there any better or equal hope in the world?—Abraham Lincoln * Have you been bailed or cited out or released from custody? * Do you have a criminal case pending against you? * Have you been taken into custody? * Are you the subject of a criminal investigation? If so, your freedom and reputation are at risk. You are now charged with making decisions that could forever change your life. In The Art of the Perfect Defense Ronald D. Hedding, Esq. provides essential information you need to navigate through Los Angeles’s criminal justice system, which is one of the most complicated and largest in the United States. In this book, you’ll learn: * Common mistakes that could have tragic consequences and how to avoid them * Steps you need to take right away to protect yourself * What to do if someone you care about is the focus of a criminal investigation * Why a criminal defense lawyer’s local expertise is critical to a favorable outcome * Straightforward explanations of key legal terms and concepts you must know The Art of the Perfect Defense unlocks the mystery behind the Los Angeles criminal justice system. When you’re facing a scary and uncertain future, this book will be your essential guide to experiencing the best possible result.