1st Edition

Law, Cultural Diversity, and Criminal Defense

By Craig L. Carr, Lisa Johnson Copyright 2019
    160 Pages
    by Routledge

    160 Pages
    by Routledge

    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.

    Introduction

    Chapter 1 – Law, Politics, and Social Justice

    Chapter 2 - The Question of Culture

    Chapter 3 – Social Justice and Legal Practice

    Chapter 4 – Criminal Defense and Cultural Autonomy

    Chapter 5 – Culture and the Constitution

    Chapter 6 – Culture and Criminal Responsibility

    Biography

    Craig L. Carr is professor emeritus of political science at the Hatfield School of Government, Portland State University. He has published several books and numerous articles in the areas of political and legal philosophy, constitutional law, and American politics. His more recent books include Liberalism and Pluralism: The Politics of E Pluribus Unum, and Orwell, Politics, and Power.

    Lisa Johnson is a professor in the School of Business and Leadership at the University of Puget Sound, where she teaches courses in law and legal studies.