Cardozo Public Law, Policy and Ethics Journal
Abstract
The note critically examines the cultural defense in American jurisprudence, highlighting its controversial role in criminal cases. While proponents argue that it promotes individualized justice in a diverse society, critics contend that it undermines legal equality, perpetuates stereotypes, and erodes the moral and deterrent functions of criminal law. The analysis explores the tension between cultural plurality and the universal application of legal principles, ultimately advocating for a more constrained approach to the use of cultural evidence in criminal proceedings.
Disciplines
Criminal Law | Criminal Procedure | Evidence | Law | Law and Society
Recommended Citation
Sam Beyea,
Cultural Pluralism in Criminal Defense: An Inner Conflict of the Liberal Paradigm,
12
Cardozo Pub. L. Pol’y & Ethics J.
705
(2014).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol12/iss3/5
Included in
Criminal Law Commons, Criminal Procedure Commons, Evidence Commons, Law and Society Commons