Consider the case of state v. magett, 850 n.w.2d 42 (wis. 2014).
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Unit #1 Part 1
Directions: Read each of the following cases that used culture as a defense. Then, identify three arguments for, and three arguments against, allowing culture to be taken into account for acts committed in the United States. Number the cases, and provide the answers in a Word document and upload to D2L.
Case 1: In New York, Chinese immigrant Dong Lu Chen was convicted of manslaughter and given five years on probation for killing his wife. He had picked up a hammer and hit his wife eight times, leaving her to die in her bed. Chen, 51, who left China two years before, claimed a “cultural defense.” He said that a person raised outside the United States should not be held fully responsible for conduct which, while illegal in the U.S., might be acceptable in the home country.
Chen had killed his wife in their apartment because she had been unfaithful. At his trial in New York, his lawyer argued that traditional Chinese notions about the shame of adultery had propelled him to violence. At sentencing, the judge agreed.
Case 2: In California, Fumiko Kimura, who had come from Japan 14 years earlier as a young adult, tried to drown herself and her two children after learning of her husband’s affair. She survived, but the children did not. She was charged with murder, but 4,000 local Asians signed a petition pointing out that in Japan, the ancient rite of “oyako-shinju” (parent-child suicide) is not considered murder. In the end, she pled guilty to manslaughter and got probation.
Case 3: In Fresno, California, Tou Moua, a refugee member of the Hmong mountain tribe of Laos killed his wife, Yeg Yang Moua, for having an affair. He was convicted of manslaughter. His lawyer said there was no provision for divorce under Hmong custom, and that a Hmong husband was required to “execute justice” in such circumstances, as one traditional option. He got eight years in jail.
Case 4: A 23-year-old African male immigrant to the United States faced a rape charge after engaging in what appeared to be forcible sex with an African girl, age 13. But the prosecutor dismissed the case after learning that under the courtship ritual of “marriage by capture,” the young woman only “pretends” to be resisting. The prosecutor was not completely convinced, but decided the case was too weak for a jury.
Case 5: Two Native American Indians were fired from their jobs in Oregon for their use of peyote in a traditional Indian ceremony during non-working hours. They were denied unemployment benefits because they were fired for misconduct. They were also criminally prosecuted for drug use. Their cultural defense to the use of peyote under freedom of religion was denied by the U.S. Supreme Court.
Example:
Here is an example of (1) argument for and (1) argument against a cultural defense for the attached article. This can give you an idea of expectations for your assignment. https://www.npr.org/templates/story/story.php?storyId=99616128
Prosecutor: In the case of the honor killing, the defendant Mr Kanwal knowingly and intentionally caused the death of a human being, his daughter. Once in the United States, everyone is held to the same penal code standards, regardless of ethnical origin. Even considering religion, in Pakistan in 2003 it became legal for a woman to get married without parental consent. Defense: In the case of the honor killing, the defendant Mr Kanwal was merely exercising his first amendment right. Every since approximately 1500 BCE, Indian families have practiced arranged marriages as a form of religious identity. To welcome this man into our country, but deny him the right to practice his religion is a direct violation of 1st Amendment. In his culture, killing his daughter was a reward so she would not have to endure a life of dishonor. Unit #2 Part 2 These are alternate assignments substituting for the video conference. Complete the following questions. The answers to the questions should be thorough to display complete understanding of the text and be at least 5 sentences. While some questions may seem opinion based, I will be looking for information from the text to confirm your learning.-
The defendant, Brantley, was driving a car with her boyfriend, a convicted felon, when she was stopped by police for a traffic violation. When the two police officers began questioning the boyfriend, he got out of the car, pulled a gun, and killed both officers. Then he ran away. The defendant drove away from the crime scene, and the two exchanged various text messages. Brantley was charged with misprision of felony under 18 U.S.C. § 4. What did Brantley do that violated the misprision statute? What crime did she conceal: the murders? Another crime? United States v. Brantley, 803 F.3d 1265 (11th Cir. 2015)
-Every state has a statute making it a crime to “cause” another person’s death if the defendant was operating a vehicle while intoxicated. What exactly must the prosecution prove to make the causal connection between one element of the crime, intoxicated, and the victim’s death? Is it enough to show (1) the defendant was driving the vehicle that struck the victim, and (2) the defendant was intoxicated? Or does the prosecution have to show a causal connection between the intoxication and the death? What did the Supreme Court of Iowa decide was the answer to the causation question? Do you agree? See State v. Adams, 810 N.W.2d 365 (Iowa 2012) [For those interested in how the “ineffective assistance of counsel” issue was ultimately resolved, see State v. Adams, 2015 WL 2089646 (2015)]—
Many states bifurcate the guilt/insanity portions of a trial, so that a jury first must determine beyond a reasonable doubt that a defendant is guilty of committing the crime charged. If a guilty verdict is returned, the second phase begins. In some states the burden remains on the state to prove sanity, but more commonly it becomes the defendant’s duty to prove insanity. In those states, must the defendant always introduce medical evidence of mental illness? Or can lay testimony be sufficient? What about the defendant’s own testimony? Consider the case of State v. Magett, 850 N.W.2d 42 (Wis. 2014). The defendant testified he could not remember the criminal incident (attack on prison guard) because he was unconscious, and thus in his unconscious state he lacked the substantial capacity to appreciate the wrongfulness of his conduct. Why did the Wisconsin Supreme Court find this evidence insufficient?
