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Cultural considerations in the criminal law: the sentencing process.
- Source :
-
The journal of the American Academy of Psychiatry and the Law [J Am Acad Psychiatry Law] 2005; Vol. 33 (3), pp. 335-41. - Publication Year :
- 2005
-
Abstract
- In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.
- Subjects :
- Adult
California
Cambodia ethnology
Capital Punishment legislation & jurisprudence
Criminal Law organization & administration
Cross-Cultural Comparison
Female
Forensic Psychiatry legislation & jurisprudence
Homicide legislation & jurisprudence
Humans
Male
Psychiatric Status Rating Scales statistics & numerical data
Psychiatry methods
Refugees legislation & jurisprudence
United States
War Crimes psychology
Criminal Law legislation & jurisprudence
Culture
Forensic Psychiatry methods
Referral and Consultation organization & administration
Subjects
Details
- Language :
- English
- ISSN :
- 1093-6793
- Volume :
- 33
- Issue :
- 3
- Database :
- MEDLINE
- Journal :
- The journal of the American Academy of Psychiatry and the Law
- Publication Type :
- Academic Journal
- Accession number :
- 16186197