Criminal Defense of Immigrants



 
 

§ 3.57 (B)

 
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(B)  Client’s Family.  It can also be obtained from the client’s family.  The same questions can be asked of the client’s family, although it is well to be aware of possible biases on the part of family members whose relationship with the defendant may be too bad, or too good, for them to be sources of accurate information. 

 

Updates

 

First Circuit

CULTURAL DIFFERENCES
Perez-Alvarez v. INS, 857 F.2d 23, 24 (1st Cir.1988) ("As a general rule, in considering claims of persecution I think it highly advisable to avoid assumptions regarding the way other societies operate. Time and again this Board has considered appeals in which assumptions of this nature have been proven to be totally wrong...."); Cordero-Trejo v. INS , 40 F.3d 482 (1st Cir. 1994).

Other

BIBLIOGRAPHY
L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE (2d ed. 2007).
BIBLIO - CULTURAL DIFFERENCES
Walter Kalin,Troubled Communication: Cross-Cultural Misunderstandings in the Asylum Hearings, 20 Intl. Mig. Rev. 230 (1986).

Susan Bryant, The Five Habits: Building Cross-Cultural Competence In Lawyers 8 Clinical L. Rev. 33 (2001)

Richard W. Brislin & Eugene S. Kim, Cultural Diversity In People's Understanding And Uses Of Time, 52 Applied Psychol.: An Int'l Rev. 363, 374 (2003).

Jean R. Sternlight, Good Lawyers Should Be Good Psychologists: Insights For Interviewing And Counseling Clients, 23 Ohio St. J. On Disp. Resol. 437 (2008)

Nelson P. Miller, Equality As Talisman: Getting Beyond Bias To Cultural Competence As A Professional Skill, 25 T.M. Cooley L. Rev. 99 (2008).

Edward T. Hall's books The Silent Language and Beyond Culture.

 

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