The purpose of this study was to investigate whether a culturally-based argument in a non-insane automatism defense would be detrimental or beneficial to the defendant. We also examined how juror ethnocentrism might affect perceptions of such a defense. Participants read a fictional filicide homicide case in which the defendant claimed to have blacked out during the crime; we manipulated whether culture was used as an explanation for what precipitated the defendant's blackout. We conducted path analyses to assess the role of ethnocentrism in predicting lower defendant credibility, and harsher verdict decisions. Results revealed an interaction between ethnocentrism and defense type, such that ethnocentrism related to lower perceived defendant credibility in the cultural condition, but not in the standard automatism condition. This study marks a starting point for empirically investigating the role of culture in the courtroom, which may aid scholars in discussing the merits of a standalone cultural defense.
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Faculty of Law, University of Copenhagen, Copenhagen, Denmark.
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Centre for Biomedical Ethics, Yong Loo Lin School of Medicine, National University of Singapore, Singapore.
The Mental Capacity Act 2005 in England and Wales and Singapore's Mental Capacity Act 2008 (which substantially transplants provisions from the former statute) might appear to be twins on paper, but they have gone on to lead very different lives. In this article, we examine how two broadly identical laws have taken on divergent identities within their respective jurisdictions when implemented and interpreted in the courtroom. We reveal and analyse differences in parliamentary intent concerning at what stage a person's decision-making agency is putatively empowered; judicial development of central concepts; underlying socio-cultural commitments; and outline opportunities for bi-directional learning in mental capacity law across both jurisdictions.
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Department of Otorhinolaryngology - Head and Neck Surgery, Penn Presbyterian Medical Center, 51 N. 39th Street, Philadelphia, PA 19104, USA.
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Department of Educational and Counselling Psychology, McGill University, Montreal, QC, Canada.
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Department of Electrical Engineering and Information Technology, University of Naples Federico II, Naples, Italy.
A shared definition of femicide would help to distinguish it from the murder of a woman and understand its root causes favoring prevention. We conducted a Systematic Literature Review (SLR) to assess how (and if) femicide cases were related to mental disorders. Articles papers that explicitly define or discuss femicides or articles that, albeit not expressly mention femicides, thoroughly compare generic homicides and homicides with female victims.
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