Provocation and Multiculturalism
University of Pennsylvania Law School
Criminal Law Bulletin, Vol. 46, p. 1097, 2010
This article recounts and critiques the challenges in the application of the provocation doctrine in multicultural societies and the policy of cultural personalization of the provocation doctrine through comparative legal analysis. It provides an overview of the psychological and sociological effects of culture on people’s behavior, and examine the role of cultural affiliation in provocation cases adjudicated by the national courts of Israel, the United Kingdom, the United States, Canada, and Australia. The article also provides a comprehensive background on the foundations of the provocation doctrine, its origins and the principles on which it is based.
Number of Pages in PDF File: 70
Keywords: Criminal law, criminal defenses, provocation, multiculturalism, law and society, culture, comparative law
Date posted: November 5, 2012