Criminal Law And Cultural Diversity
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Criminal Law And Cultural Diversity
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Author : Will Kymlicka
language : en
Publisher: OUP Oxford
Release Date : 2014-05-15
Criminal Law And Cultural Diversity written by Will Kymlicka and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-15 with Political Science categories.
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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Author : Craig L. Carr
language : en
Publisher: Routledge
Release Date : 2018-07-27
Law Cultural Diversity And Criminal Defense written by Craig L. Carr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
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.
Multiculturalism
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Author :
language : en
Publisher:
Release Date : 1991
Multiculturalism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Multicultural Perspectives In Criminal Justice And Criminology
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Author : James Earnest Hendricks
language : en
Publisher: Charles C. Thomas Publisher
Release Date : 2011
Multicultural Perspectives In Criminal Justice And Criminology written by James Earnest Hendricks and has been published by Charles C. Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Criminal justice, Administration of categories.
This third edition has been slimmed down from previous editions. Chapters have been combined and subjects updated throughout. In keeping with the theme of previous editions, this third edition addresses cultural diversity, criminal justice, and criminology. As an edited anthology, this book represents the work of national scholars who have expertise in criminal justice issues in a multicultural context. The book includes original work addressing such diversity issues as gender, race, ethnicity, and sexuality in criminal justice and criminology. In addition, types of crime, juvenile justice issues, training, and college curricula are also discussed.
Legal Practice And Cultural Diversity
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Author : Ralph Grillo
language : en
Publisher: Routledge
Release Date : 2016-12-05
Legal Practice And Cultural Diversity written by Ralph Grillo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
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.
Multiculturalism In The Criminal Justice System
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Author : Robert McNamara
language : en
Publisher:
Release Date : 2008
Multiculturalism In The Criminal Justice System written by Robert McNamara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
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.
Diversity In Criminology And Criminal Justice Studies
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Author : Derek M.D. Silva
language : en
Publisher: Emerald Group Publishing
Release Date : 2022-05-12
Diversity In Criminology And Criminal Justice Studies written by Derek M.D. Silva and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-12 with Social Science categories.
This volume explores the theoretical and methodological maturity and diversity in reflexive accounts of criminology and criminal justice in a number of areas, such as and teaching and research in criminology, queer criminology, the intersections of race and gender, indigeneity and decolonization, domestic violence and human rights.
Cultural Defences At The International Criminal Court
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Author : Noelle Higgins
language : en
Publisher: Routledge
Release Date : 2017-12-22
Cultural Defences At The International Criminal Court written by Noelle Higgins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-22 with Law categories.
Cultural defences, i.e. claims that certain aspects of a defendant’s cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.
Multiculturalism Crime And Criminal Justice
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Author : Robert McNamara
language : en
Publisher:
Release Date : 2023-08-15
Multiculturalism Crime And Criminal Justice written by Robert McNamara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-15 with categories.
With balanced coverage and current events Multiculturalism, Crime and Criminal Justice expands one's understanding of multiculturalism and diversity as they relate to crime and the criminal justice system.
Readings In Cultural Diversity And Criminal Justice
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Author : Lee E. Ross
language : en
Publisher: Cognella Academic Publishing
Release Date : 2019-11-08
Readings In Cultural Diversity And Criminal Justice written by Lee E. Ross and has been published by Cognella Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with categories.
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 advance their understanding of the intersections of diversity, racism, and crime. Part III focuses on the areas of policing, prosecution, and punishment. Part IV includes readings that address issues of cultural diversity within corrections and correctional settings. The articles in the final part speak to school discipline rates in the U.S., the dynamics of racial anxiety and the advantages enjoyed by most whites, and the avoidance of integration across the political spectrum. Throughout, post-reading questions encourage reflection, discussion, and further exploration of the material. Readings in Cultural Diversity and Criminal Justice is an ideal supplementary text for courses in criminology, criminal justice, and related disciplines.