Multiculturalism: A Challenge for Modern Criminal Justice. A Latin American perspective

Raúl A. Carnevali, Universidad de Talca

Abstract

Increased migratory flow has given rise to the formation of culturally heterogeneous societies, and with it the discussion of multicultural states. Specifically, what we call multiculturalism is presenting new challenges for criminal law, as certain conduct may be evaluated differently according to the cultural context of the perpetrator. In order to determine the scope of multiculturalism and exactly how criminal law should deal with the issue, it is necessary to examine the theses that address the typical problems of cultural diversity, specifically, liberalism and communitarianism. One can then understand what is meant by “culturally motivated crimes” and whether the key to the penal treatment of such crimes is to be found in the study of justifications or excuses. Considering the multicultural character of American society, it would be impossible to discuss the subject without a recognition of the “cultural defenses” stemming from the literature and jurisprudence of the nation.