The arguments favoring a freestanding cultural defense run as follows. The criminal justice system is often criticized for its imposition of and assumptions based on Western and white-male norms and values. A formal, freestanding cultural defense could be used to achieve fairness and individual justice and to promote cultural pluralism. Allowing the defendant to raise a cultural defense promotes fairness in the legal system in several ways by:
- Allowing the fact finder to apply a more accurate profile of a "reasonable person" in the defendant's situation;
- Providing individual fairness for recent immigrants who may not yet be familiar with the laws of the U.S.;
- Educating the jury about the defendant's background to bridge the cultural gap;
- Helping cultural pluralism to survive and flourish by allowing individuals to maintain their customs and values.
Thus, by allowing each individual to maintain his/her culture, the criminal legal system will assist in preserving and promoting a pluralistic society (Renteln, A Justification of the Cultural Defense as Partial Excuse, 1993; Note, The Cultural Defense in the Criminal Law, 1986).