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Law

The Cultural Defense in Criminal Law: Balancing Tradition and Justice

Quick fact

Unlike self-defense or insanity, the cultural defense is not a formal legal defense in most countries; instead, it is an informal strategy used during sentencing or plea negotiations, and it has succeeded in some cases—such as a 1985 California case where a Hmong man charged with kidnapping after 'marriage by capture' received a reduced sentence.

Why this is interesting

Imagine being on trial for following the traditions your ancestors have observed for centuries—should that matter to the court?