Cultural considerations in the criminal law

The sentencing process

James Boehnlein, Michele N. Schaefer, Joseph Bloom

Research output: Contribution to journalArticle

12 Citations (Scopus)

Abstract

In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

Original languageEnglish (US)
Pages (from-to)335-341
Number of pages7
JournalJournal of the American Academy of Psychiatry and the Law
Volume33
Issue number3
StatePublished - 2005

Fingerprint

Forensic Psychiatry
Criminal Law
criminal law
Ethnopsychology
psychiatry
Referral and Consultation
Refugees
Family Relations
cultural history
Homicide
cultural factors
evaluation
homicide
refugee
ethnicity
History
justice
immigrant
Psychology
Health

ASJC Scopus subject areas

  • Law
  • Psychiatry and Mental health

Cite this

Cultural considerations in the criminal law : The sentencing process. / Boehnlein, James; Schaefer, Michele N.; Bloom, Joseph.

In: Journal of the American Academy of Psychiatry and the Law, Vol. 33, No. 3, 2005, p. 335-341.

Research output: Contribution to journalArticle

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