WDW101Y1 Lecture Notes - Japanese Americans, Religious Experience, Limpkin

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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
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Document Summary

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/ Situation where someone typically recently arrives in a country and do something accepted in home culture but against the law in the new place. 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 . 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.

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