W9 WDW365H.docx

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Department
Woodsworth College Courses
Course
WDW101Y1
Professor
Sandra Bucerius
Semester
Fall

Description
W9 WDW365H Derivative (don’t do it)/ can’t ignore the opposing views/ APA (+ specific point or quote include the page number)/ Thesis: can be nuanced/ can’t be something you are going to do/ Cultural defense: Situation where someone typically recently arrives in a country and do something accepted in home culture but against the law in the new place. Should that be a mitigation factors? Formal cultural defense: is not accepted in law/ in common law jurisdiction culture evidence is taken into account  The Nigerian Father punishing the child  the intent was to hurt the child and to extend the pain and suffering…. This is found offensive! So culture may not be taken into account, and you end up with a conviction.  Ethiopian man  acting in self-defense then a cultural defense can be taken into account/ use his culture’s norms to understand the action. Best bet is to say that he made a mistake but understandable from the point of view of his culture. The traditional legal model doesn’t really work in some of these cases Psychological model in theory is potentially helpful: scientific knowledge and Culturation (how the brain develops) Social perspective is not very helpful: sometime think of culture as an outside subject/ think of culture having some kind of mental reality. Concept of culture makes sense, so the court sympathy may be appropriate  Framework of life differs from culture to culture  This creates difficulty/ if we start recognizing that socialization is the source of these cultural views we end up in difficulty with the criminal law itself [physically punishing women is unacceptable- so we think that we discovered the moral truth…. But that’s only form our perspective and someone socialized other wise may not agree  The alternative is people who come from a different culture are wrong and should be punished as if they were wrong Choi article  In Kimura: wife discovered here husband was unfaithful and wanted to drown her three children. In japan this reaction of killing yourself and your children (because you save them from a life without a mother)is seen as abnormal but as comprehensible (not uncommon), and it has a name. in Japan the women would be treated leniently o She’s been in States for 17 years. She is doing something highly disturbed. In psychological terms, the mother assimilates the children to herself and her shames drives her to suicide because of the shame o The Japanese American community asked to be charged in the same way as she would be in Japan which would be involuntary manslaughter. But ended up being charged by voluntary manslaughter. Did not take into account cultural defense. o Argument: the idea the psychological reaction of disturbance is in itself a cultural form [the culture frames the culture of mental disturbance]/ the expression of cultural isn’t self-cultural conditioned. o Understand that you need to know that it is humiliating in the culture but the argument it’s even more humiliating to a Japanese women…. But in her distress she does something rather specific that is rather expected in Japan  Chen: kills his wife with a hammer. The discovery of your wife having a lover would be a great shame. In china his surrounding would support him, but in the US he has no support and succumbs and kills her. In china, part of that support would be already a social punishment for the wife o The court accepts this evidence and is lenient on his case. o The relationship between culture and psychology is straightforward. His reaction is culturally conditioned. You need to know about the culture to know how humiliating this is to him, and understand how high to register the stress. o It’s the culture that produces the high level of stress/ his culture means he would suffer more shame / Psychiatry in the West:  Misdiagnosis: western psychiatrist are poor are making judgment especially when making it in you own community. Grief and religion behavior [you can make a number of judgment that it’s normal and a healthy processes, of take sedatives, or might decide that the grief reaction has lead to clinic depression d need to be treated] already hard to make this judgment but even harder when you including in culture. Religious experience can become norms to use  The more you know about culture diagnosis, the more you ar
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