Yin said the disagreement went deeper. It disavowed any cultural information altogether. The president of the city's NOW chapter, Francoise Jacobsohn, said she understood the concerns of the Asian-American organizations but was frustrated by their action. But the judge needed to know that we did not find his statements acceptable. The complaint is still pending before the state Commission on Judicial Conduct, but experts say the ruling is legally sound and unlikely to be challenged.
Probation is within sentencing guidelines for second-degree manslaughter.
And you know that lawyers defending immigrant men accused of killing their wives are rushing to get this transcript. Lawyers at the city's Legal Aid Society say that, in the wake of the Chen decision, they will use the defense at any opportunity. And Hunter College anthropology professor Burton Pasternak, who testified for the defense in the Chen case, says he has received several requests to testify in similar murder cases - including one involving a Korean man. This dilemma must be solved by barring cultural evidence, because admitting cultural evidence discriminates against the victims of immigrant defendants, violating the anti- discrimination principle of the Equal Protection Clause. Applying a balancing test yields the conclusion that the interests of immigrant victims should trump the interests of immigrant defendants.