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Provocation and the Reasonable Asian: Applying the Reasonable Person Standard to Asian Defendants Asserting the Provocation Defense.
- 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]
- Subjects :
- ASIANS
ASIAN Americans
EXPERT evidence
CRIMINAL defense
CRIMINAL law
Subjects
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