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Provocation and the Reasonable Asian: Applying the Reasonable Person Standard to Asian Defendants Asserting the Provocation Defense.

Authors :
Hyun, Kaitlyn
Source :
German Law Journal; May2024, Vol. 25 Issue 3, p463-480, 18p
Publication Year :
2024

Abstract

This Article examines the criminal law defense of provocation in the U.S., which employs an objective reasonable person standard, as applied to recent Asian immigrants. It discusses approaches taken in other countries and describes the cultural defense. The Article concludes with different possibilities for a hypothetical Asian defendant who was provoked: Improving education about U.S. laws as a preventative measure, using expert cultural witnesses at trial, and taking the defendant's characteristics into consideration during the sentencing stage. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20718322
Volume :
25
Issue :
3
Database :
Complementary Index
Journal :
German Law Journal
Publication Type :
Academic Journal
Accession number :
180094982
Full Text :
https://doi.org/10.1017/glj.2024.16