The conflict between law and culture: the case of the Hmong in America
Author(s):
Ly, Choua
Format:
Journal article
Citation:
Wisconsin Law Review, Number 2, (2001). pp. 471-499.
Language:
English
Abstract:
In recent years, the media has brought increased attention to a group of Southeast Asian immigrants called the Hmong, focusing on stories of the medicinal use of opium, ritual sacrifice of animals, and the 'capturing' of young brides. Courts have struggled with the larger issue of reconciling the tension between Hmong cultural practices and American laws in cases brought before them. Because culturally motivated crimes necessarily involve two competing legal systems, courts must decide if and how cultural evidence is to be applied. This Comment explores three current approaches to the use of cultural evidence: extensive use of cultural evidence, exclusion of cultural evidence, and the limited use of cultural evidence, to determine which one most effectively meets the goals of the American legal system without ignoring the unique cultural backgrounds of immigrant defendants. After analyzing three cases involving opium use, marriage by capture, and animal sacrifice or shamanism, the Comment concludes with the assertion that a limited-use approach most appropriately meets the legal need of the criminal justice system and the cultural needs of an immigrant group in cases of cultural conflicts with American law (Copyright applies to all Abstracts.)