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LSDefine
Simple English definitions for legal terms
cultural defense
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A quick definition of cultural defense:
Cultural defense is a legal argument used by someone who has been accused of a crime, such as child abuse or neglect, that they did not know their actions were wrong because of their cultural background. This defense is sometimes used in cases of female genital mutilation, which is a harmful practice that some cultures believe is necessary. However, it is important to remember that cultural beliefs do not excuse harmful behavior and that everyone should be protected from harm.
A more thorough explanation:
Cultural defense is a legal defense used in criminal cases, particularly in cases of child abuse, neglect, or endangerment. The defendant claims that their actions were a result of their cultural background.
- A person accused of female genital mutilation may use cultural defense to argue that the practice is a tradition in their culture and they did not intend to harm the child.
- In some cases, parents from certain cultures may use cultural defense to justify physical discipline of their children, such as spanking or hitting, as a form of discipline that is accepted in their culture.
These examples illustrate how cultural defense can be used to excuse criminal behavior based on cultural traditions or beliefs. However, it is important to note that cultural defense is not always accepted in court and does not excuse behavior that is illegal or harmful.