Criminal Law and Cultural Diversity
Title | Criminal Law and Cultural Diversity PDF eBook |
Author | Will Kymlicka |
Publisher | OUP Oxford |
Total Pages | 240 |
Release | 2014-05-15 |
Genre | Political Science |
ISBN | 0191664308 |
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.
Law, Cultural Diversity, and Criminal Defense
Title | Law, Cultural Diversity, and Criminal Defense PDF eBook |
Author | Craig L. Carr |
Publisher | Routledge |
Total Pages | 154 |
Release | 2018-07-27 |
Genre | Law |
ISBN | 0429015593 |
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.
Readings in Cultural Diversity and Criminal Justice
Title | Readings in Cultural Diversity and Criminal Justice PDF eBook |
Author | Lee E. Ross |
Publisher | |
Total Pages | 326 |
Release | 2019-11-08 |
Genre | |
ISBN | 9781516599295 |
Readings in Cultural Diversity and Criminal Justice presents students with a collection of scholarly, interdisciplinary articles and invites them to critically examine the importance of cultural diversity within the criminal justice system. The book is divided into five parts. Part I consists of introductory articles that discuss colorism, the origins of racism, and how the media perpetuates racial stereotypes. In Part II, students read articles devoted to theory that ad
Multicultural Perspectives in Criminal Justice and Criminology
Title | Multicultural Perspectives in Criminal Justice and Criminology PDF eBook |
Author | James Earnest Hendricks |
Publisher | Charles C. Thomas Publisher |
Total Pages | 448 |
Release | 1994 |
Genre | Criminal justice, Administration of |
ISBN |
EU Criminal Justice and the Challenges of Diversity
Title | EU Criminal Justice and the Challenges of Diversity PDF eBook |
Author | Renaud Colson |
Publisher | Cambridge University Press |
Total Pages | 295 |
Release | 2016-09-29 |
Genre | Law |
ISBN | 1107096588 |
The volume examines how diversity in Member States' legal cultures is being addressed in the development of EU criminal justice.
Multiculturalism in the Criminal Justice System
Title | Multiculturalism in the Criminal Justice System PDF eBook |
Author | Robert McNamara |
Publisher | |
Total Pages | 361 |
Release | 2008 |
Genre | |
ISBN | 9780077392697 |
Multiculturalism in the Criminal Justice System provides an overview of the problems and promises of cultural diversity in the criminal justice system. Not only does this text discuss the different minority groups as they relate to law enforcement officers, it also explores the interactions within the courts and correctional agencies, noting the unique problems and issues each minority group faces. Unlike many other texts, it also covers how multiculturalism affects officials working within the criminal justice system.
Multicultural Issues in the Criminal Justice System
Title | Multicultural Issues in the Criminal Justice System PDF eBook |
Author | Marsha Tarver |
Publisher | Prentice Hall |
Total Pages | 288 |
Release | 2002 |
Genre | Law |
ISBN |
Resource added for the Criminal Justice - Law Enforcement 105046 and Professional Studies 105045 programs.