There are several objections to the cultural defense. Outline four of them.
What will be an ideal response?
Conformity. Individuals should abide by the law.
Equality. Immigrants and members of ethnic groups should be held to the same standard as other Americans.
Ignorance. Ignorance of the law traditionally is not recognized as a defense.
Uniformity. Individuals who commit the same crime should be treated in the same fashion. Society cannot function if there are different standards for different groups. The goal is to integrate groups into society rather than to encourage groups to follow their own standards of behavior.
Legitimacy. Different standards of criminal conduct will lead to disrespect for the law. People will resent the double standard for determining criminal conduct and will disregard legal rules.
Vulnerable groups. Recognition of the cultural defense threatens the rights of women and children who may be subject to sexual and physical abuse.
Fraudulent claims. Individuals may attempt to rely on the cultural defense who, in fact, may be aware their conduct violated U.S. law.
Judicial resources. The judge or the jury will spend time listening to expert witnesses debate the requirements of an individual’s culture rather than focusing on the facts of the case.
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