Tooby's California Post-Conviction Relief for Immigrants

(A)

In General.  An expert on the client’s culture can be useful in explaining the significance and meaning of words used by the defendant, especially where those words may be used to establish intent or another element of the crime.  The expert can place the defendant’s words “within the appropriate cultural context.”[178]  The expert can also provide background to explain unusual actions by witnesses, either to attack or support the credibility of witnesses or to explain the specific actions of the defendant.  Counsel can use cultural experts to assist in presenting a traditional theory of defense, such as self-defense, supported by cultural factors.[179]  One of the most important uses of cultural expert evidence is to provide mitigating evidence at sentence.  See § 4.60, infra.

[178] Connell, Using Cultural Experts, in Cultural Issues in Criminal Defense 8-1, 8-2 (J. Connell & R. Valladares, eds., 2003), citing United States v. Chong Won Tai, 994 F.2d 1204, 1210 (7th Cir. 1993) (discussing testimony that statements in Korean were not actually threatening, but merely sounded threatening because of cultural differences); Liu’s Enterprises Corp. v. Li, , 419 S.E.2d 511, 513 (Ga. App. 1992) (affirming, in civil case, admission of testimony of meaning and effect of Chinese obscenities on the hearer).

[179] Ibid. at 8-3.