The “true cultural defense” would authorize a defendant to raise culture as a complete defense to a criminal charge. This potentially would result in Moua’s acquittal. The culture defense would include a four-step process. Summarize the four steps.
What will be an ideal response?
Ans:
1. An individual is a member of an ethnic or religious or other distinct group.
2. The individual’s behavior was required by the group’s cultural tradition.
3. The individual was aware and a reasonable person would be aware that the individual’s act violated U.S. domestic criminal law.
4. The social interest in preventing the criminal behavior is outweighed by the interest in respecting and recognizing the individual’s cultural tradition. For example, the interest in punishing marijuana possession may be outweighed by a religious group’s use of marijuana in a religious ritual. On the other hand, preventing murder outweighs the interest in recognizing an individual’s cultural claim.
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What will be an ideal response?
What types of acts are covered under the Model Penal Code as involuntary acts? Do you believe these acts should be protected? Why or why not? Are there others that you would add to the list? If so, discuss why you would add them. What are some of the issues and challenges posed by using these involuntary acts as a defense during trial?
What will be an ideal response?
Which of the following positions became the only one to pursue felons when the county militia turned more to matters of defense during the reign of Edward I?
A. coroner B. constable C. justice of the peace D. sheriff
To be a public trial, there must be some members of the public present
Indicate whether the statement is true or false