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Cultural Considerations in the Criminal Law: The Sentencing Process

Dr. Boehnlein is Professor, Dr. Schaefer was Chief Resident, and Dr. Bloom is Emeritus Professor, Department of Psychiatry, Oregon Health and Science University. Dr. Boehnlein also is Associate Director, VA Northwest Network Mental Illness Research, Education, and Clinical Center (MIRECC). Address correspondence to: James K. Boehnlein, MD, Department of Psychiatry (UHN80), Oregon Health and Science University, 3181 SW Sam Jackson Park Road, Portland, OR 97239. E-mail: boehnlei{at}ohsu.edu

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.

This article has been cited by other articles:

				L. J. Kirmayer, C. Rousseau, and M. Lashley The Place of Culture in Forensic Psychiatry J Am Acad Psychiatry Law, March 1, 2007; 35(1): 98 - 102. [Abstract] [Full Text] [PDF]

				D. M. Gellerman [In Process Citation] J Am Acad Psychiatry Law, January 1, 2006; 34(1): 129 - 129. [Full Text] [PDF]