December 8th, 2010 02:24 PM
‘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.
When Should ‘Cultural Difference’ Be Allowed as a Legal Defense?
By Ashby Jones
- December 8, 2010, 1:33 PM ET
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?
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
December 8th, 2010 02:50 PM
When you go to another Country, you go by their laws, not your own!
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
December 8th, 2010 02:52 PM
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.
December 8th, 2010 10:03 PM
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.
December 9th, 2010 04:40 PM
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
December 9th, 2010 09:24 PM
Once we start to accept Sharia Law in this country, we are doomed.
"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."
December 9th, 2010 10:05 PM
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."
December 10th, 2010 03:39 PM
...or a person of financial influence...
Originally Posted by Eagleks
December 10th, 2010 03:48 PM
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."
December 10th, 2010 03:57 PM
Nice job bottom lining it. Follow the laws or get out of the country.
Originally Posted by Hiram25
December 10th, 2010 06:23 PM
December 14th, 2010 08:41 PM
That's why they are called the "Nanny State".
Originally Posted by Old School
December 15th, 2010 12:29 AM
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.
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