Reference no: EM132640405

Question 1: Examine the arguments for and against Utilitarianism by Jeremy Bentham and Bernard Williams respectively. Ensure to state and support your own position.

Question 2: Post a discussion between 5-7 sentences that summarizes the argument and demonstrate adequate understanding of either Bentham or Williams on the ethical theory of utilitarianism.

Question 3: You will now examine a case in which a defendant has asked the court to excuse them from criminal liability, or to reduce their liability, based on their culture. A cultural defense -- or the assertion that a person's different cultural background influenced his or her actions -- can be used as a mitigating factor to help a defendant get a plea deal or a break on his sentence.

• Defense lawyers claim that the idea of using a cultural defense is to help explain a defendant's personal circumstances and why they would do what they did. This coincides with American notions of "individualized justice" and "cultural pluralism." Supporters of this defense state they are not concerned with social consequences, i.e. if other immigrants think their behavior will be tolerated, because the concern of the court is whether or not the defendant is guilty based on all the evidence.

• On the other hand, there is concern that increased use of the cultural defense will expose U.S. courts to patriarchal values from abroad -- to the detriment of immigrant women, many of whom were treated as second-class citizens in the lands they left behind.

• Some Americans do not want to import these cultural values into the judicial system and don't want women victimized by customs that may no longer be permitted in the homelands. Americans don't want so-called cultural experts perpetuating certain stereotypes that may not be accurate. Others point to the fact that the victims of these "cultural crimes" are always society's powerless -- women and children. Others claim that foreign customs should not override American law, since "[e]very foreigner residing in a country . . . is as much bound to obey its laws as native citizens." Some worry about backlash, arguing that because of this defense where people get lesser penalties or convictions for lesser crimes, that people will believe that immigrants are getting away with something.