While it may be somewhat controversial, claiming cultural differences is still a very valid legal defense in a court of law and could lessen an accused person's alleged crime. The United States' law defends a person's religious rights and ability to express his or her self, and this extends even into the criminal courts. Here, experienced criminal defense attorney Rahul Balaram defines when and how this defense may be used.

For instance, in the well-known case of the People vs Kimura, where a woman attempted to drown herself and her children but survived, her sentence was lessened because of cultural differences. This claim was based on the traditional Japanese belief that it is more honorable to die than to leave children motherless.

Why It Can Be Used as a Defense

Many laws protect religious freedom. The Federal Religious Act, also known as the Religious Freedom Restoration Act of 1993, was passed to protect citizens from discrimination because of their religious beliefs. Under this act, employers cannot fire an employee because of his or her religious beliefs, and people are free to exercise their religious rights without limitations.

This act was primarily based off of court cases which involved the infringement of Native Americans' rights to practice their religion because some rituals involve hallucinatory drugs, such as peyote.

Mistake of the Law

Often, a person may not be aware that they are breaking the law. They may be ignorant of the law or may violate it for culturally traditional reasons. Whichever reason is to blame, it can be declared a mistake of the law.

If a person is not aware of a particular law because they are not familiar with U.S. laws, they may be able to declare cultural differences. This usually happens when an immigrant or any person who is a first or second-generation American with a strong ethnic background mistakenly breaks the law because it is not illegal in their own country.

In other cases, the person may not realize it is illegal because of a strong tradition or belief. As mentioned above, People vs Kimura was an instance of this because the defendant felt morally obligated to take her children's lives with hers. By claiming cultural differences, her sentence was significantly lessened.

Self Defense

In some cases, when people are provoked or discriminated against because of their religion, they react in self-defense.

When faced with unlawful aggression because of discrimination, a person may have to defend themselves or others from bodily harm. In this case, it is also considered cultural defense, which can be justified in a court of law.

About Rahul Balaram:

Rahul Balaram is an experienced and dedicated attorney that has represented hundreds of clients. Mr. Balaram takes pride in ensuring his clients are aware of every aspect of their case and that their interests are presented with dignity, compassion, and competence.

Rahul opened the Balaram Law Office in Santa Rosa and is widely known for his excellent trial skills, his unrelenting work on behalf of his clients, and the outstanding results that his clients receive.