Blameworthiness, Intent and Cultural Dissonance: The Unequal Treatment of Cultural Defense Defendants

Florida Journal Law & Public Policy, Vol. 17, p. 199, 2006

32 Pages Posted: 18 Aug 2005 Last revised: 6 Nov 2015

Nancy S. Kim

California Western School of Law

Abstract

Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance.

Suggested Citation

Kim, Nancy S., Blameworthiness, Intent and Cultural Dissonance: The Unequal Treatment of Cultural Defense Defendants. Florida Journal Law & Public Policy, Vol. 17, p. 199, 2006. Available at SSRN: https://ssrn.com/abstract=782464

Nancy S. Kim (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

Paper statistics

Downloads
125
Rank
184,092
Abstract Views
1,245