The Impact of Defense Arguments Based on the Cultural Difference of the Accused in the Criminal Law of Immigrant Countries and Societies

Abstract

The modern age has created immigrant societies immigrant countries, whereby the immigrants are culturally different from the culture of the majority in the particular country. The cultural difference often leads the immigrant to act in a manner which is deemed to be a criminal offence in the country which accepted him, while the same conduct is not considered as such in the immigrant's country of origin. The outlook on life of the culturally different immigrant is very different form that on which the criminal law in the country which accepted the immigrant is based. The principal defense argument which accused immigrants offer in such cases is a defense argument based on his cultural difference. This article will examine the nature of defense arguments based on cultural difference in a criminal case, the way in which courts in immigrant countries deal with this type of argument, and the considerations whether to accept or reject defense arguments based on cultural difference, and a judicial solution will be presented which may provide a solution for the complex considerations involved in this type of problem.

Keywords: criminal law, defense, culture