Module XI: Cultural Defenses and Cultural Evidence
Allowing Limited Use of Cultural Defenses
Recognizing the problems of allowing cultural evidence, some scholars advocate a limited approach in order to maintain gains in areas such as violence against women while minimizing cultural stereotyping. Proponents of this approach recognize that while cultural evidence has been used to practically legitimize violence against women depending on the cultural setting, it may also aid in the defense of women of color, particularly those whose actions have been shaped by a culture in which women are devalued and marginalized.
Mother/child-murder/suicide cases are an example. In Western culture this is the worst kind of criminal act. But in some Hispanic and Asian cultures this is culturally acceptable in certain situations. The crime would be for the mother to kill herself and leave her children behind, uncared for or in the hands of an abusive parent.
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