State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation
Special Issue: Cultural Expert Witnessing
ISBN: 978-1-78743-764-7, eISBN: 978-1-78743-763-0
Publication date: 29 January 2018
Abstract
When someone’s actions deviate from the social norms of the majority, those actions may be used as the basis for criminal charges against the person, even when the person’s actions are considered innocent within his or her culture. This chapter examines the evidence that can be presented on behalf of a person wishing to invoke a cultural defense, and the author also shares her own experiences in utilizing the defense as an attorney. Cultural defenses can be effective; however, there are arguments both for and against its use. Also explained are processes of pretrial litigation, qualifying an expert witness, trial, sentencing, and appeals.
Keywords
Citation
Crabbe, H. (2018), "State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation", Sarat, A. and Rodriguez, L. (Ed.) Special Issue: Cultural Expert Witnessing (Studies in Law, Politics, and Society, Vol. 74), Emerald Publishing Limited, Leeds, pp. 165-184. https://doi.org/10.1108/S1059-433720180000074008
Publisher
:Emerald Publishing Limited
Copyright © 2018 Emerald Publishing Limited