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People v. Wu | 235 Cal. App. 3d 614 (1991)

Behavior that’s acceptable in one culture may not be acceptable in another. For example, people in the United States are expected to tip restaurant servers and bartenders. In other cultures, however, tipping is viewed as an insult. In People versus Wu, we explore whether a criminal defendant’s cultural background is relevant in assessing the defendant’s state of mind.

Helen Wu was born and raised in China. While living in Macau, Helen met Gary Wu. Gary then moved to the United States. Gary later convinced Helen to move to the United States and have his child. Gary initially told Helen that he would divorce his wife and marry her. However, after Helen gave birth to a son, Sidney, Gary gave no indication that he wanted to marry her. Unable to speak English and having no family in the United States, Helen told Gary that she was moving back to Macau. He made no attempt to stop her. Helen returned to Macau and left Sidney with his father.

Approximately nine years later, Helen returned to the United States on vacation. At that time, she learned that Sidney’s paternal grandmother was dying of cancer. She also learned that Gary mistreated Sidney and that only Sidney’s paternal grandmother cared for him. Helen was concerned for Sidney’s future. While visiting, Helen saw Gary hit Sidney. Sidney also told Helen that his father mistreated him. Upon hearing this, Helen became distraught and strangled Sidney. She then tried to kill herself, but her suicide attempt wasn’t successful.

Helen was charged with murder. At trial, Helen adduced evidence regarding her traditional Chinese culture and the impact that it had on her state of mind. Several experts testified that, due to her culture, Helen believed that killing Sidney was an act of mercy. She intended to end both of their lives because Sidney was suffering in this world, and she could care for him in the next. The prosecution, however, argued that Helen killed Sidney to get revenge on Gary.

Helen asked the court to instruct the jury that it could consider her cultural background in assessing her mental state. The court declined to give the instruction. Helen was convicted of second-degree murder. She then appealed to the California Court of Appeal.

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