Cardozo Journal of Equal Rights & Social Justice
Abstract
The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.
Disciplines
Criminal Law | Criminal Procedure | Human Rights Law | Immigration Law | Law | Law and Gender | Law and Society
Recommended Citation
Gabriel Hallevy,
Culture-Based Crimes Against Women in Societies Absorbing Immigrants - Rejecting the "Mistake of Law" Defense and Imposing Harsher Sentencing,
16
Cardozo J. Equal Rts. & Soc. Just.
439
(2010).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol16/iss3/2
Included in
Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, Immigration Law Commons, Law and Gender Commons, Law and Society Commons