‘Cultural Difference’ as a Legal Defense?

‘Cultural Difference’ as a Legal Defense?

This is a discussion on ‘Cultural Difference’ as a Legal Defense? within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; This might belong on "Off Topic" but it could have a major impact in the future in Law Enforcement -- IMHO. http://tinyurl.com/2fout7w WSJ Blogs Law ...

Results 1 to 13 of 13

Thread: ‘Cultural Difference’ as a Legal Defense?

  1. #1
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036

    ‘Cultural Difference’ as a Legal Defense?

    This might belong on "Off Topic" but it could have a major impact in the future in Law Enforcement -- IMHO.

    http://tinyurl.com/2fout7w

    WSJ Blogs

    Law Blog



    • December 8, 2010, 1:33 PM ET

    When Should ‘Cultural Difference’ Be Allowed as a Legal Defense?


    By Ashby Jones

    Here’s an interesting question raised in this AP article: At what point can “cultural difference” be used as a defense to a criminal accusation?


    SNIP

    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro


  2. #2
    VIP Member Array Hiram25's Avatar
    Join Date
    Feb 2010
    Location
    Wyoming, DE
    Posts
    11,196
    When you go to another Country, you go by their laws, not your own!
    Hiram25
    You can educate ignorance, you can't fix stupid
    Retired DE Trooper, SA XD40 SC, S&W 2" Airweight
    dukalmighty & Pure Kustom Black Ops Pro "Trooper" Holsters, DE CCDW and LEOSA Permits, Vietnam Vet 68-69 Pleiku

  3. #3
    VIP Member Array MitchellCT's Avatar
    Join Date
    Aug 2007
    Location
    I don't post here anymore...Sorry
    Posts
    2,333
    This is the kind of defense that you use when your client is refusing to take a deal and demanding to go to trial.

    This is what us lawyers call "A Slow Guilty Plea."

    It's not a winner...but you do it because the client tells you this is what happened. Even if it doesn't matter...

    It's been tried before with honor killings and other BS.

    Pay it no mind. It's a freak show that is entertaining for the media, ulcer causing for the defense counsel because has real work to do, and annoying to the prosecutor who would rather be working out or talking dirty over the phone on government time to a police officer who looks good in uniform and better in just handcuffs.

  4. #4
    Distinguished Member Array Jason Storm's Avatar
    Join Date
    May 2010
    Location
    Virginia
    Posts
    1,211
    Unfortunately, the US is about political correctness than any country in the world. We have the most accomodating laws in the books today. On other countries, they are much harsher on foreigners and their norms/laws/customs have to be followed.

  5. #5
    Distinguished Member Array Agave's Avatar
    Join Date
    Oct 2007
    Location
    West Tennessee
    Posts
    1,464
    Well, here in the South, everything will be legal except beating your mother if we can claim cultural difference as a defense.
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

    NRA Certified Pistol Instructor, Tennessee Certified Instructor

  6. #6
    Moderator
    Array Bark'n's Avatar
    Join Date
    Apr 2007
    Location
    West Central Missouri
    Posts
    9,916
    Once we start to accept Sharia Law in this country, we are doomed.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  7. #7
    VIP Member Array Eagleks's Avatar
    Join Date
    May 2008
    Location
    Kansas
    Posts
    7,863
    In theory anyway, the law applies equally to everyone.... no matter age, social standing, gender, race, religion, etc. The one exception seems to be if you are a member of Congress.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  8. #8
    Distinguished Member
    Array Xader's Avatar
    Join Date
    Jul 2009
    Location
    Oregon
    Posts
    1,560
    Quote Originally Posted by Eagleks View Post
    In theory anyway, the law applies equally to everyone.... no matter age, social standing, gender, race, religion, etc. The one exception seems to be if you are a member of Congress.
    ...or a person of financial influence...

    i.e. Thread

  9. #9
    Member Array r0rtiz's Avatar
    Join Date
    Oct 2009
    Location
    Fontana, CA
    Posts
    65
    The argument that a defendant's actions reflect his cultural upbringing, rather than criminal intent is valid. However, just because you don't have criminal intent doesn't mean that you are not committing a crime. The fact of the matter is that some cultures are brutal and uncivilized. While America does have some shameful history and some modern cultural oddities, I am hard-pressed to find anything as barbaric as some of these other countries cultures.
    "Surely the preservation and enjoyment of the freedoms vouchsafed to us by the Constitution of the United States will require eternal vigilance even to the guarding of it with our lives. We must ever keep faith with our founding fathers by keeping faith with our Constitution."

  10. #10
    Distinguished Member Array BigStick's Avatar
    Join Date
    Dec 2009
    Location
    Gig Harbor, WA
    Posts
    1,455
    Quote Originally Posted by Hiram25 View Post
    When you go to another Country, you go by their laws, not your own!
    Nice job bottom lining it. Follow the laws or get out of the country.
    Walk softly ...

  11. #11
    VIP Member Array Old School's Avatar
    Join Date
    Apr 2010
    Location
    Florida Treasure Coast
    Posts
    3,211

    Cool

    Quote Originally Posted by Jason Storm View Post
    Unfortunately, the US is about political correctness than any country in the world. We have the most accomodating laws in the books today. On other countries, they are much harsher on foreigners and their norms/laws/customs have to be followed.
    Well not quite. After watching some of the views of the way the tuition riots in London were handled over the past few days and the giving into anything the muslim community wants I would say that Great Britian does have a leg up over us.
    "Violence is seldom the answer, but when it is the answer it is the only answer".

    "A nation of sheep breeds a government of wolves".

    http://www.woundedwarriorproject.org/

  12. #12
    Distinguished Member Array Jason Storm's Avatar
    Join Date
    May 2010
    Location
    Virginia
    Posts
    1,211
    Quote Originally Posted by Old School View Post
    Well not quite. After watching some of the views of the way the tuition riots in London were handled over the past few days and the giving into anything the muslim community wants I would say that Great Britian does have a leg up over us.
    That's why they are called the "Nanny State".

  13. #13
    Senior Member Array tbrenke's Avatar
    Join Date
    Oct 2008
    Location
    Phoenix, AZ
    Posts
    1,006
    well, that defence is a large steaming pile. what a hail marry plan.
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
    There are always too many Democratic, Republican and never enough U.S. congressmen.

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Armed Citizens Legal Defense Network LLC
    By TheSaiga308 in forum Concealed Carry Issues & Discussions
    Replies: 35
    Last Post: January 10th, 2011, 07:48 PM
  2. Prepaid Legal Services as legal defense?
    By Olsen in forum The Second Amendment & Gun Legislation Discussion
    Replies: 12
    Last Post: September 9th, 2010, 03:38 PM
  3. Legal self defense, Illegal carry
    By AtlantaSW40 in forum Concealed Carry Issues & Discussions
    Replies: 39
    Last Post: March 25th, 2010, 03:41 PM
  4. After a self-defense shooting, where do you get legal help?
    By HowardCohodas in forum Concealed Carry Issues & Discussions
    Replies: 38
    Last Post: April 15th, 2008, 02:41 PM

Search tags for this page

cultural difference an law enforcement

,

cultural difference legal defense

,

culture differences is that a legal defense

Click on a term to search for related topics.