The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act
Much of this essay is an inquiry into just how cultural factors might figure in claims about elements of offenses, justifications, excuses, and mitigations under the Model Penal Code – still the most comprehensive and systematic code of criminal law in the United States. That exploration gives us a sense of how culture may matter for criminal liability absent a specifically labeled "cultural defense"; it also provides an idea of how much could be accomplished by expansions of the standard defenses.
In the latter part of the essay, I think about cultural practices as a potential justification or generalized exemption in advance, comparing such a defense with an analogous defense based on religious belief and practice that now exists in many American jurisdictions.
Criminal Law | Criminal Procedure | Law
The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act,
Ohio St. J. Crim. L.
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