Law, Cultural Diversity, and Criminal Defense

Craig L. Carr, Lisa Johnson

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English

Routledge
14 January 2020

Crime & criminology; Criminology: legal aspects; Criminal law & procedure

Series: Cultural Diversity and Law

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.

By: Craig L. Carr, Lisa Johnson
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 244g
ISBN: 9780367481247
ISBN 10: 0367481243
Series: Cultural Diversity and Law
Pages: 154
Publication Date: 14 January 2020
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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.