Criminal Law and Cultural Diversity

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Release : 2014-05-15
Genre : Political Science
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Book Rating : 308/5 ( reviews)

Criminal Law and Cultural Diversity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Criminal Law and Cultural Diversity write by Will Kymlicka. This book was released on 2014-05-15. Criminal Law and Cultural Diversity available in PDF, EPUB and Kindle. 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

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Release : 2018-07-27
Genre : Law
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Book Rating : 593/5 ( reviews)

Law, Cultural Diversity, and Criminal Defense - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Cultural Diversity, and Criminal Defense write by Craig L. Carr. This book was released on 2018-07-27. Law, Cultural Diversity, and Criminal Defense available in PDF, EPUB and Kindle. 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

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Release : 2019-11-08
Genre :
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Book Rating : 295/5 ( reviews)

Readings in Cultural Diversity and Criminal Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Readings in Cultural Diversity and Criminal Justice write by Lee E. Ross. This book was released on 2019-11-08. Readings in Cultural Diversity and Criminal Justice available in PDF, EPUB and Kindle. 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

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Release : 2000
Genre : Criminal justice, Administration of
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Book Rating : /5 ( reviews)

Multicultural Perspectives in Criminal Justice and Criminology - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Multicultural Perspectives in Criminal Justice and Criminology write by James Earnest Hendricks. This book was released on 2000. Multicultural Perspectives in Criminal Justice and Criminology available in PDF, EPUB and Kindle.

Multiculturalism, Crime, and Criminal Justice

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Release : 2020-07-28
Genre :
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Book Rating : 676/5 ( reviews)

Multiculturalism, Crime, and Criminal Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Multiculturalism, Crime, and Criminal Justice write by Robert McNamara. This book was released on 2020-07-28. Multiculturalism, Crime, and Criminal Justice available in PDF, EPUB and Kindle. Multiculturalism, Crime, and Criminal Justice, Second Edition, provides an overview of the problems and promises of cultural diversity in society and within all facets of the criminal justice system. It focuses on how different marginalized groups--African Americans, Hispanic Americans, Asian Americans, Native Americans, women, the LGBTQ community, the elderly, and juveniles--are impacted by law enforcement, the courts, and correctional agencies, addressing the issues that each group faces. It also examines how multiculturalism affects those who work within the criminal justice system, including members of minority groups.