Volume XXV
Issue
3
Date
2024

The Current Cultural Defense Framework: Misconception of Minority Cultures and Disregard of Gender Antisubordination Values

by Xinyue Shen

American courts tend to accept cultural defenses raised by minority defendants attempting to explain their sex-subordinating crimes when the sexist norms underlying their cultural claims converge with those norms still embedded in American society. When culture is used as an excuse in this way, establishing an effective mechanism to assess the authenticity of minority defendants’ cultural claims is essential. Unfortunately, it is not the case in the American criminal courtroom today.

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