Criminal Defense of Immigrants


§ 3.29 8. Obtaining Information About the Client's Culture

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Counsel may need to discover important information about the client’s culture, so counsel can understand (a) how to communicate better with the client, see § 3.10, supra, (b) the significance of the client’s actions during the commission of the offense, (c) and during encounters with law enforcement and the courts on previous occasions.  Much of this information can be obtained from the client.  Counsel can ask the client important questions concerning the culture from which s/he came, the extent to which s/he has become used to the culture of the United States since arriving here, and can observe some of the effects of the differences between the client’s culture and culture in the United States during the interview.




M. Warren, Consular Resources and Litigation Strategies, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 5 (2d ed. 2007).