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F 4.031 n1 Culture/Cultural Background As Relevant To Defense Theories: Briefing Available.
[See Brief Bank # B-857 and B-889 for briefing.]
RESEARCH NOTE: Cultural Defense of False Stereotype? What Happens When Latina Defendants Collide With the Federal Sentencing Guidelines, K.L. Holmquist, 12 Berkely Women’s L.J. 45-72, 1997.
F 4.031 n2 Culture/Cultural Background As Relevant To Premeditation/Deliberation.
People v. Wu DEPUBLISHED (91) 235 CA3d 614 [286 CR 868], held that the defendant’s cultural background is relevant on the issue of premeditation and deliberation. Although Wu is not citable, its reasoning provides a basis for requesting an instruction informing the jury that it may consider cultural background evidence in determining the defendant’s background. (Cf. Caro v. Calderon (9th Cir. 1998) 165 F3d 1223 [failure to present evidence necessary to bridge a cultural gap may constitute ineffective assistance of counsel]; see also Kwan Fai Mak v. Blodgett (9th Cir. 1992) 970 F2d 614, 618-19; Siripongs v. Calderon (9th Cir. 1994) 35 F3d 1308, 1316.) [FORECITE subscribers may obtain a copy of the Wu Opinion. Ask for Opinion Bank # O-117.] (See also FORECITE PG III(A) regarding pinpoint instructions in general.)
Therefore, the defendant is entitled to have the jury instructed that it may consider such evidence in determining relevant mental states.
RESEARCH NOTE: See FORECITE BIBLIO 8.20.
Cultural Defense of False Stereotype? What Happens When Latina Defendants Collide With the Federal Sentencing Guidelines, K.L. Holmquist, 12 Berkely Women’s L.J. 45-72, 1997.
F 4.031 n3 Culture/Cultural Background As Relevant To Heat Of Passion (PC 192(a)).
The defendant’s cultural background is relevant on the issue of heat of passion. (People v. Wu DEPUBLISHED (91) 235 CA3d 614 [286 CR 868].) Therefore, the defendant is entitled to have the jury instructed that it may consider such evidence in determining relevant mental states. (Cf. Caro v. Calderon (9th Cir. 1998) 165 F3d 1223 [failure to present evidence necessary to bridge a cultural gap may constitute ineffective assistance of counsel]; see also Kwan Fai Mak v. Blodgett (9th Cir. 1992) 970 F2d 614, 618-19; Siripongs v. Calderon (9th Cir. 1994) 35 F3d 1308, 1316.) [A copy of the Wu opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-117.] [See Brief Bank # B-857 and #B-889 for briefing on this culture issue.]
RESEARCH NOTE: Cultural Defense of False Stereotype? What Happens When Latina Defendants Collide With the Federal Sentencing Guidelines, K.L. Holmquist, 12 Berkely Women’s L.J. 45-72, 1997.
F 4.031 n4 Native American Cultural Defense.
See Article Bank # A-79 for an article on Native American Cultural Defense, a “how-to” culture worksheet and a questionnaire for case use by Denise Ferry.
F 4.031a Heat Of Passion: Consideration Of Defendant’s Culture.
(See FORECITE F 8.42e.)
RESEARCH NOTE: Cultural Defense of False Stereotype? What Happens When Latina Defendants Collide With the Federal Sentencing Guidelines, K.L. Holmquist, 12 Berkely Women’s L.J. 45-72, 1997.
