Culture Shock
In STATE v. HAQUE, 726 A.2d 205, (Me. 1999), Nadim Haque was convicted of murder. He contended that the trial court erred by excluding all testimony by a cultural anthropologist. The Supreme Court disagreed and affirmed the conviction.
In January 1991, Haque left his home in Raniganj, India, to attend college in Lewiston. Soon after his arrival, Lori Taylor befriended Haque and by the summer of 1992, Haque's relationship with Taylor had developed into a love affair. In the fall of 1995, Taylor became friends with Ray Hall and their relationship became intimate in March 1996. Around the same time, Haque presented Taylor with an engagement ring and asked her to marry him. She accepted the ring but only wore it for one day.
On May 10, Haque tried to reach Taylor by telephone but she would not accept his call. That same day he bought a kitchen knife. On May 11, Taylor called Haque and told him their relationship was over. The next day, Haque rented a car and bought a can of pepper mace spray and a baseball cap. On May 13, Haque drove to Lewiston, parked two blocks from Taylor's home and let himself into her apartment. He entered her apartment wearing the cap and carrying a roll of tape, the mace, and the knife. Approximately two hours later, Taylor arrived home from work. Haque confronted Taylor, asking her why she wanted to end the relationship. Taylor responded, "we [are] just too different." Soon after this statement, Haque slashed her throat.
At trial, the defense attempted to convince the jury that Haque did not form the requisite mens rea to be guilty of murder. The defense theory appears to have been two fold: (1) Haque was not guilty of murder because he suffered from an abnormal condition of the mind; and (2) Haque was guilty of manslaughter, rather than murder, because he acted "while under the influence of extreme anger . . . brought about by adequate provocation." The Court was unpersuaded.
Dr. Caughey, a cultural anthropologist with an interest in psychological anthropology had conducted research into the experience of immigrants to the United States and how people manage multiple cultural traditions. During voir dire Caughey discussed the various factors that affect an individual's transition between two different cultures and how those factors were relevant to Haque's experience in the United States. Caughey also discussed gender relationships in traditional Muslim India and how an understanding of
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