Cultural defences

Cultural defences

1. The values of individuals who are raised in minority culture my at times conflict with the values of the majority culture

   • Values of the majority culture are embodied in criminal law, these individuals may have to violate either their cultural values or the criminal law

2. courts have used discretion in recognizing culture as a factor to be considered before imposing a sentence

3. A law abiding person raised in a foreign culture may have committed a criminal act solely because the values of her culture compelled her to do so

4. By judging each person according to the standards of their native culture, the principal of individualized justice preserves the values of that culture

5. People V Fumiko Kimura

   • Japanese community sought a cultural defence
   • Cultural factors were irrelevant to the issue of the defendants psychological state of mind in determining guilt or innocence
   • Divorce was not an option, since traditionally only husbands could use adultery as grounds for divorce

6. NZ

   • Police V minhinnick
     • The motive for taking the medal was completely foreign to a pakeha, it is difficult for a pakeha to even comprehend the feelings that the defendant talks off
     • Defendant had a aura of deep spirituality, deeply embedded in the Maori people
   • Maori concepts are not used sufficiently in the criminal law, this reflects the devaluing of Maori concepts
     • need to setup organisations fundamental to guarding maori interests in the criminal justice system