CRI365H1 Lecture Notes - Lecture 8: Moral Absolutism, Social Defence, Indigenous Rights

• School: UTSG
• Department: Centre for Criminology and Sociolegal Studies
• Course: CRI365H1
• Professor: williamwatson

Document Summary

Cri365 - lecture 8 nov 1, 2017. Relationship b/t criminal law, culture and mental disorder or distress. Cultural defences: no formally accepted cultural defence in common law tradition, but they may affect, selection of a charge, trier"s of fact"s verdict where lesser/more serious verdict available, sentencing process. Arguments for the cultural defence: crucial point in this course, framed in terms of multiculturalism, what"s positive about having it, what negative about not having it, multiculturalism. Is a person in this circumstance just as morally and legally blameworthy as someone who breaks the law in their home culture. In choi paper: draw attention to problem that acceptance of cultural defence would involve abandonment of vulnerable groups, groups, who in the west, are only gaining protection from the criminal law now. Interpersonal violence: violence against subordinates, violence against women and children, what about the women in that ethnic community who seem to be more.