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Maine V. Kargar: A Cultural Analysis

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In this class we have read many articles about court cases in which the defendant used a cultural defense. This means that they did not deny committing the criminal act of which they are accused, but rather that they were justified in doing so because of their cultural traditions and beliefs. While it is easy to say that more heinous crimes like female genital mutilation or honor killings cannot be excused for any reason, including culture, the issue becomes much murkier in cases like that of Mohammad Kargar, who was convicted of gross sexual assault for kissing his infant son’s penis as an expression of parental affection (State of Maine v. Kargar, pp. 82-83). While I believe that it is important to uphold the law as fairly and as uniformly as possible, there are times when it is appropriate for a cultural defense to be considered during conviction or sentencing. These times are generally for cases where the “victim” of the crime is not actually harmed in any meaningful way, such as in Kargar’s case. However, there are more extreme cases where the victim was harmed, or even killed, in which a cultural defense is appropriate to consider if only to understand the defendant’s motivation for committing the crime. This is …show more content…

Ruth Benedict describes cultural relativism as the belief that what is abnormal in one society may be considered normal in another, and vice versa, as well as that a person’s ethics and behaviors are shaped by the culture in which they grew up (Benedict, p. 22). By this logic, no culture is morally superior to another, and none are wrong. This idea is innocent enough when debating between sweet and unsweet tea, but it becomes more difficult to defend when talking about the custom of mothers in Japan killing their children while committing suicide, because the children are viewed as an extension of the

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