Criminal Defense of Immigrants



 
 

§ 3.57 (C)

 
Skip to § 3.

For more text, click "Next Page>"

(C)  Cultural Experts.  Cultural experts can be very valuable in learning about the client.  See § 3.58-3.59, infra.  To get a start on learning about the client’s culture, counsel can consult some of the better travel guides to the client’s home country, which will contain briefings on the culture, taboos, courtesies, and the like which can be of great assistance.

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.

 

TRANSLATE