Cultural Defense

Background

Some courts have recognized that a defendant’s responsibility for a criminal act may be diminished because of cultural differences. This so called “Cultural Defense” is usually argued when the defendant is in a minority group that holds normative values that conflict with society at large. The controversial defense is generally raised in countries with immigrant populations.

The cultural defense may be applied as partial defense to homicide by demonstrating that an act of provocation reduces a crime from murder to manslaughter.

Even where the cultural defense is inadmissible as an affirmative defense to a crime, it may be argued as a mitigation of sentencing.

Country Specific Applications

United States

People v. Kimura - In People v. Kimura, the Japanese mother of two children attempted to commit suicide after learning of her husband’s infidenlity. She tried to drown herself and her two children. Her children died, but she survived. She was charged with double murder. The prosecutor was inundated with letters from Japanese Americans explaining that in Japanese cultural it was considered a much graver crime to commit suicide and leave two children abandoned and without a mother. The Attorney General reached a plea bargain with Kimura in which she was sentenced to one year in prison and five years supervision.

Australia

R v. Dincer, (1983) I V.R. 461 - In this case an Australian Justice reduced a Turkish Muslim immigrant’s charge from murder to manslaughter. The homicide was triggered by the father learning of his daughter’s alleged extramarital conduct. The judge concluding that because of his cultural differences, and the tradition of honor killing in his culture, a defense of provocation was allowed.