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Immigration Law Commons

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Full-Text Articles in Immigration Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee Jan 2006

Dislocated And Deprived: A Normative Evaluation Of Southeast Asian Criminal Responsibility And The Implications Of Societal Fault, Jason H. Lee

Michigan Journal of Race and Law

This Note argues that certain Southeast Asian defendants should be able to use their families' refugee experience as well as their own economic and social marginalization in the U.S. as a partial excuse for their criminal acts. This argument draws its strength from both the socioeconomic deprivation of much of the Southeast Asian community and the linking of this reality to a careful analysis of the moral foundations of the criminal law. In essence, the American criminal justice system, which draws much of its moral force to punish from the theory of retributivism, cannot morally justify the full punishment of …