Criminal Defense of Immigrants
§ 3.59 (F)
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(F) Selected Bibliography. Coleman, Individualizing Justice Through Multiculturalism: The Liberal’s Dilemma, 96 Colum. L.Rev. 1093 (1996); Ensuring Equal Justice: Addressing Cultural and Linguistic Differences in the Courts of Massachusetts (Massachusetts Bar Association 1996); Fischer, The Human Rights Implications of a “Cultural Defense,” 6 So. Cal. Interdisc. L. J. 663 (1997); E. Hall, Beyond Culture (Anchor Books 1989); Hing, Beyond the Rhetoric of Assimilation and Cultural Pluralism: Addressing the Tension of Separatism and Conflict in an Immigration-Driven Multiracial Society, 81 Cal. L. Rev. 863 (1993); W. Hing, To Be American: Cultural Pluralism and the Rhetoric of Assimilation (1997); K. Howze, Making Differences Work: Cultural Context in Abuse and Neglect Practice for Judges and Attorneys (American Bar Association, 1996); Lam, Culture as a Defense: Preventing Judicial Bias Against Asians and Pacific Islanders, 1 UCLA Asian Am. Pac. Islands L.J. 49 (1993); Note, The Cultural Defense in the Criminal Law, 99 Harv. L. Rev. 1293 (1986); A. Portes & R. Rumbat, Immigrant America: A Portrait, Ch. 6 (1990) (linguistic and cultural assimilation); U.S. Comm’n on Immigration Reform, Becoming an American: Immigration and Immigrant Policy, A Report to Congress, Executive Summary (1997) (diversity and unity within a multicultural nation); Do’s And Taboos Around The World (Roger E. Axtell, ed., 3d ed. 1993) (covers protocol, gestures, gifts, jargon, and customs; mainly designed for business travelers, but offers useful information).
Lower Courts of Ninth Circuit
United States v. Zeng, __ F.Supp.2d __, 2007 WL 902380 (N.D.Cal. Mar, 22 2007) (granting motion to withdraw guilty plea where Rule 11 violation occurred because defendant was prevented, through cultural mores, from interrupting his attorney during the guilty plea phase, and defendant did not understand the nature of the charges against him, or the immigration consequences thereof, until he was later able to read a Chinese translation of the plea agreement).
CRIMINAL DEFENSE - INVESTIGATION
A. Renteln, Raising Cultural Defenses, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 423 (2d ed. 2007).
CRIM DEF - BIBLIOGRAPHY CRIME DEF - CULTURAL DEFENSES
Alison Dundes Renteln & Marie-Claire Foblets, eds., Multicultural Jurisprudence: Comparative Perspectives on the Cultural Defense (2009).