The Cultural Defense

As part of my required reading for one of my courses, I read “When in Rome” by Nina Schuyler (1997) which describes an alarming trend in criminal defense concerning immigrants from other countries.  Defense attorneys are using the “Cultural Defense” to argue that since the person in question was raised in a different culture, that the individual should not have to be held accountable for breaking the law.

One of the examples given is that a mother left an infant in the care of a nine-year-old; the infant died.  “Charged with involuntary manslaughter, the mother argued that the childcare norms of the [culture from which she was raised] are different from those of the [current culture in which she lives]…” (Moulder, 2000: 15).

Another example was concerning the marriage of under-age girls (13 and 14) to adult men (28 and 34, respectively) on the basis of religious practices.  The defense in this case was that “The U.S. Constitution guarantees freedom of religion…They should be allowed to practice their religion in this country,” (Moulder, 2000: 14).  Let me see—that defense doesn’t work for the Fundamental Church of Jesus Christ of Latter Day Saints in regards to their religious practice of polygamy, why should it work for this family?

Since this is such a problem in certain areas, maybe we should look at the process of immigration a little differently.  Maybe we should provide each adult immigrant with a pamphlet on our laws here as a country, possibly written in their native language, just to be sure they can read it.  Additionally (to make sure to not exclude the illiterate immigrants), a person with legal knowledge should be available to answer the questions such immigrants have, especially in the early years in their new homes. 

All of this would help to prevent the lag in what was acceptable in the previous culture and what is acceptable in their new culture, before these people commit a crime.  After all, if they decided to come here, they should accept their new culture.  I’m not saying they need to completely assimilate: they should be allowed to continue their religion, food preparation, language, etc., but such activities should not be allowed if they conflict with the law.

It is not ok to “mercy kill” your sister/ daughter because you think she is immoral for kissing her boyfriend.

It is not ok to force women to completely cover their bodies when outside the home.

It is not ok to keep your daughters home from school because you feel an education will lead them away from whatever religious upbringing you want them to attain.

It is not ok to kill your son because you suspect him of participating in homosexual activities.

We are a culture that holds dear the ideal of equality of all persons. We need to focus on attaining that ideal.