examples of cultural diversity issues in criminal justice

Specific deterrence is the prevention of committing new crimes by one specific offender. - Definition, Components & Problems, What Is Criminal Justice? The lack of knowledge of groups lead to offense and distrust from groups towards authority, this then leads to hostility, non-compliance, and lack of involvement from communities of different ethnicities. The CJA coordinated an open letter to the Prime Minister, warning that the new Police, Crime, Sentencing and Courts Bill will deepen the racial inequality in the criminal justice system. And what about housing a person with a female physiognomy but a male gender identity with males? The main goals of the criminal justice system in this country are to keep the nation's citizens safe, offer them their say in court, and to house convicted felons separate from ordinary people. A belief held by many, including by some who work in correctional facilities, is that inmates find religion for manipulative reasons. There two main types of deterrence, specific and general. Other cultures and subcultures often exist within larger cultures. Some examples of cultural diversity issues in the criminal justice system are racial profiling and unfair judicial bias. This has created an insatiable appetite resulting in the policies and practices of mass incarceration. Bias isn't always bad if it's based on specific situations and not applied to broad groups of people. The other type of deterrence is general deterrence where society sees another one receives punishment for an act, and they do not want to suffer the same punishment so dont act. Remember that judges and juries are supposed to be impartial, and bias can ruin impartiality. The widely cited 70% recidivism refers to felons in 15 states (see Langan & Levin, 2002) and does not recognize that there are patterns in reoffending. More emphasis has been placed on programs offered to offenders while incarcerated, transitional programming for prisoners as they near release and supportive supervision in the community to ensure a better transition. Should Facilities house inmates differently based on transgender status and gender identity? Multiculturalism typically develops according to one of two . The difference between female and male prison populations are significant in many ways. What different medical and mental health services must we provide to transgender offenders? IE 11 is not supported. Over the course of 100 shifts, Black officers made, on average, about 16 fewer stops and two fewer arrests a 20% to 30% reduction compared to white officers in comparable scenarios. First, it assumes specific deterrence which means a person thinks through a crime and doesnt act because the consequence (punishment) is not worth it. In 2020, we raised our concerns that removing the right to be referred to a restorative justice service from the Victims Code couldindirectly discriminate against Black, Asian and minority ethnicvictims. When vague or new laws need to be enforced, a judge has to use his or her discretion to determine the appropriate course of action. They also found female officers used less force than their male counterparts. Even more troubling is that the available programs insufficiently meet participants needs. This means programs with the goal of successful reintegration of inmates back into the community will need the help of religious personnel to promote positive family relationships, maybe even assistance with finding housing and employment. A shift towards a rehabilitative correction system has been a growing movement among many states. In a study done in the Las Colinas Detention Facility in California, 37% of the Females interviewed indicated alcohol was their drug of choice, 21% said heroin, 24% crystal meth, and 18% cocaine. Culture is made up of languages, beliefs, values, traditions, and customs. All of these efforts are geared to reducing recidivism and improving the safety of the community through a reduction of crime. That is, these practices present brick walls. If we intend to undo the consequences while protecting public safety, we have to begin by addressing some common misconceptions. Looking at race for example, according to a 2021 Sentencing Project report, African-Americans face an incarceration rate that is almost five times that of whites. Involvement with the justice system essentially labels a person an offender. This label affects an individuals ability to retain status as a productive member of the community by, for example, limiting housing and employment options so severely that many cannot live or work successfully. Open Document. Chicago has long been plagued by tensions between police and residents, roughly half of whom are nonwhite. Multiculturalism and diversity are at the heart of the American experience and reflect the demographics of our country. Under the duty, public authorities must have due regard to eliminate unlawful discrimination, advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. Some forms of bias are difficult, if not impossible, to determine. Despite the justice system's claim to treat everyone equally, the reality is that those without financial means -- who are twice as likely to be a minority according to an Economist report -- are at a disadvantage in the justice system. Balancing the threat of bias against running a fair and efficient legal system is outside the scope of this lesson, but it is an important topic that deserves consideration. Because of these naive assumptions about cultural differences, the criminal justice community seldom views cross-cultural awareness and training as vital. The Department of Criminal Justice is committed to fostering an environment that supports and encourages diversity and inclusion. ale Inmates. We also contributed to the Victims Commissioners proposals for a Victims Law, drawing on a roundtable we heldto call for a greater focus on the needs of Black, Asian and minority ethnic victims. Incarceration affects life prospects including reduced hourly wages for men by approximately 11%, reduced annual employment by 9 weeks, and reduced annual earnings by 40%. This concept is most clearly seen in the practice of racial profiling, which is a way of using stereotypes to influence judgment rather than facts. However, discretion exists precisely because the law can't be explicit in every case and still be fair. "A first step in assessing the impact of diversity policies is to test whether . The development of cultural competence can have far-reaching effects not only for offender, but also for providers and communities. This paper will also focus on some of the reasons why racial disparity exists within sentencing. In order to understand prisons, we must look at the reasons we punish offenders and what are our goals. We should discuss two terms before diving into our examples, bias and stereotype. enable a system, agency, or group of professionals to work effectively in cross- cultural situations (Cross et al. Local activists have long called for diversity to reduce the harm of a racially oppressive police department, said Simon Balto, who researches history and African American studies at the University of Iowa. Relative to white officers on the same assignments in the same neighborhoods, Black officers were less likely to stop, arrest, and use force against civilians. Nina Champion recently appeared on the One Small Thing JUSTICE podcast and discussed the CJAs work to build a more diverse workforce and ensure scrutiny and accountability in the criminal justice system. Correctional professionals and administrators should understand that each offender embraces his or her culture(s) in a unique way and that there is considerable diversity within and across races, ethnicities, and culture heritages. Developing cultural competence is an ongoing process that begins with cultural awareness and a commitment to understanding the role that culture plays in behavioral health services. Diversity Issues in Criminal Justice The diversity issue focused on in this paper will be racial disparity in sentencing. Under California penal code section 1230, the Community Correction Partnership (CCP) was created. Now, a new study published Thursday in the journal Science, suggests that diversity in law enforcement can indeed lead to improvements in how police treat people of color. The ideas and issues we will discuss may apply to other countries' courts, police, etc; but this lesson is intended to be a discussion of the American system. Social diversity and multiculturalism is more prevalent in the justice system than in the rest of society. When the country began, we relied heavily on our British roots to guide our systems, and corrections is no different. This is the best evidence to date that officer demographics have an influence on policing, said Harvard sociologist Joscha Legewie, who was not involved in the study. There are five common types of punishment: Retribution, restoration incapacitation, deterrence, and rehabilitation. Unfortunately, drugs are readily available in prisons being smuggled in by friends, family, trustees and sometimes by prison employees. Further, while we know that 80% of offenders have substance use disorders, the existing system provides treatment for less than 10 % of the offenders who need these services (Taxman, Perdoni, & Harrison, 2007). This influence began prior to the creation of the prison system and expanded with a correctional philosophy aimed at rehabilitation. Recent attention focuses on the concentration of people involved in the justice system in certain communities. They sought to provide prisons a place where they could reflect on their actions and feel penance for their actions. Increased and irrelevant (not related to preventing or addressing criminal behavior) conditions mean more opportunities to fail probation and parole and exacerbate the problem. The U.S. incarcerates approximately 4 years longer for rape and robbery, 3 years longer for murder and assault, 2 years for burglary and 1 year for motor vehicle theft. Diverse perspectives allow for a variety of approaches to problem solving, testing and developing new ideas, and cultural expressions such as art and music. An ongoing investigation by the Human Rights Watch Women's Rights Project documented custodial misconduct in many forms including verbal degradation, rape, sexual assault, unwarranted visual supervision, denying goods and privileges, and use or threat of force. Still, the findings support what local community activists have argued for decades. Male correctional officers and staff contribute to a custodial environment in state prisons for women which is often highly sexual and excessively hostile. Examples Some of the national and international direct and indirect examples of diversity in the criminal justice system are the following: 1. Culture is not a definable entity to which people belong or do not belong. 11 Pages. For the criminal justice system to befair and effective, criminal justice agencies must ensure all individuals have an equal opportunity to thrive, regardless of their age, race, sex, religion or any otherprotected characteristic. the problem is embedded in the story of the nation and its culture. An official website of the United States government, Department of Justice. Females also report abuse within the correctional system. Create an account to start this course today. Sex between any persons in a correctional setting is forbidden, period. During the process of sexual re-assignment, many live as a member of the sex they plan to be. Because the populations of early colonies were so small and communities close knit, punishment for the violation of laws and social norms were handled swiftly. The most prominent cultural diversity issue in American criminal justice is the perception of and concomitant attempts to prevent racially biased policing. Its like a teacher waved a magic wand and did the work for me. Be part of a vibrant network for change in the criminal justice system. Who is qualified to make the determination of serious medical needa general practitioner, or a specialist in sexual reassignment surgery? Whether that behavior is homosexual, heterosexual, or bisexual is of no consequence. Clergy representatives will may be asked to develop and implement programs designed to reduce racial, religious or cultural conflict. However, she said, Just increasing diversity isnt going to fix this.. With minor infractions, though, like traffic violations or drug possession, Legewie said, Theres more leeway for the officer to make a decision.. This information was initially geared toward the therapeutic professional but can be easily adapted to fit the correctional professional. Lack of Diversity, Lack of Patient Trust . They dont go deep enough or tackle the root issues, she said. Diverse images affect students' conscious and subconscious understanding of classroom values. In this paper the issues of excessive force against minorities and discrimination will be discuss with examples from recent years that have made the news. We work to remove systemic bias in several ways. However, for treatment to be effective, correctional professionals prison guards, correctional counselors and community supervision officers need to be aware of cultural, racial and gender issues that could affect the delivery of treatment and the offenders continued commitment to treatment. This process allows the offender to express remorse for committing the criminal act and be forgiven. Thus, the students parents assumed that it was expected in the American legal system as well. Prior to being ruled unconstitutional the state of Minnesota had a law that stipulated first-time users of crack cocaine would receive a mandatory four-year sentence, however first-time users of powder cocaine would receive probation. At the same time, no one thinks its a good idea to open the prison doors and let offenders free. Policy Update from the National Juvenile Justice Network | September 2014 >> Download the policy update on reducing racial and ethnic disparities here. We just havent had good data on what reforms work.. This created a situation where California had to make significant changes to the way it managed offenders and incarceration. The First Amendment of the United States Constitution allows, for the practice ones religion, even for those who are incarcerated. Cultural competence is an essential ingredient in decreasing disparities in behavioral health. In the criminal justice sector we see issues such as racial profiling, discrimination amongst others. culture and cultural competency and examine why and how culture matters by inventorying the key aspects of the courts and justice system influenced by culture, and the sources and implications of ethnic/national cultural variation on the courts.2 We conclude Section II with a review of the meaning of acculturation and why it is important to courts. For example, see Wolfe v. Horn, (2001), which states that transsexualism [transgenderism] has been characterized as a serious medical need and Kosilek v. Maloney, 2002). So too, culturally responsive organizational policies and procedures support staff engagement in culturally responsive care by establishing access to training, supervision, and congruent policies and procedures that enable staff to respond in a culturally appropriate manner to offender psychological, linguistic, and physical needs. This disparity was most pronounced in majority-Black neighborhoods, researchers found, and was predominantly focused on minor crimes and not violent offenses. Multicultural Issues important to the Case Manager. Keep up-to-date with our policy work, blogs, events and opportunities to get involved. Explain why men and women go to prison, what crimes they commit, how are they similar and how are they different? It does not recognize that there may be significant breaks in offending behavior (remission) and that reoccurrences may be due to situational or opportunity factors. This brings up an important query: Can informal sanctions serve as an alternative form of punishment that satisfies key punitive goals while keeping undesired and/or criminal conduct to a manageable level? Incarceration policies particularly affect communities where the return of individuals is concentrated with increased STDs, pregnancy rates, and lack of male role models. The topic scenario chosen for this study is the incarceration of more African American men between the age of 25 to 29 years relative to Hispanic and non-Hispanic White men. The course provides students with a knowledge of the diversity that exists in communities, as well as criminal and juvenile justice agencies. Race is often referred to as a biological category based on genetic traits like skin color (HHS 2001), but there are no reliable means of identifying race through biological criteria. We recognize the importance of listening to and hearing various voices and viewpoints. Whatever changes take place in society, it is probable that religious programs and practices in correctional settings will continue to be an active part of prison life. Their answer to this problem was called Assembly Bill 109 (AB 109) or 2011 Public Safety Realignment, and changed the seriousness of offenses in the penal code and provided new sentencing requirements for a majority of crimes. Read, a comment from Director Nina Champion on the Victims Law proposals, we call on the government to remove the discriminatory elements of the Bill. Correctional facilities hire clergy as well as other faith representatives to serve a variety of faith-based functions. One can take many different stances when asked to determine the causes of criminal activity. Counties receive more money from the state if they can show a reduction in recidivism and a reduction of prison commitments. The aim is not related to political activism. In 2020, we brought together experts from across the criminal justice system to explore how we can increase workforce diversity through recruitment, retention, progression and measuring impact. Restoration is a similar concept in which a debt is owed to the victim or society because of the offenders criminal actions. In any instance in which a person depends on their discretion, it is possible that stereotypes and other forms of unfair bias enter into that decision making process. According to statistics 92% of those arrested for possession of crack were Black Americans and 85% of those arrested for possession of powdered cocaine were White Americans. Punishment as a means of providing hard treatment to convey disapproval for wrongdoing is driven by four primary goals: incapacitation, retribution, deterrence, and rehabilitation. Rehabilitation has been a reoccurring theme in American corrections throughout the centuries. Instead, we have a probation system designed to trap people into a life of involvement with the justice system. 29 references and 10 notes, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Researchers spent three years fighting for detailed data from Chicago Police, and appealed some of their requests all the way up to the Illinois Attorney Generals Office. The United States is a multi-cultural society and requires a level of sensitivity towards diversity of faiths. It provides both theoretical and practical information to respond effectively to diversity . Judges are often only held accountable for their decisions if the case progresses through the legal appeals process. Enrolling in a course lets you earn progress by passing quizzes and exams. America began to build prisons which they intended to house offenders to protect the community but also correct their behavior. play no role in the definition of diversity. Punishment as a means of providing hard treatment to convey disapproval for wrongdoing is driven by four primary goals: incapacitation, retribution, deterrence, and rehabilitation. Explain why it is important to be culturally competent when working in the correctional setting. When an individual is involved in the criminal justice system, families and communities are also involved. Its a difficult, difficult thing to pull together these data sources, said Thaddeus Johnson, a senior fellow at the Council on Criminal Justice and a former Tennessee police officer who was not involved in the study. The governments obligation upon incarcerating a citizen is to provide for a reasonable protection of that person, as derived from the 8th and 14th Amendments to the U.S. Constitution. Figure 8.1 Eastern State Penitentiary. What did you agree with? 2530 Words. The CJA coordinated an open letter to the Prime Minister, warning that the new Police, Crime, Sentencing and Courts Bill will deepen the racial inequality in the criminal justice system. Cultural competence improves an organizations sustainability by reinforcing the value of diversity, flexibility, and responsiveness in addressing the current and changing needs of offender, communities, and the healthcare environment. . - Definition & Types, What Is Emigration? Society is changing, and correctional facilities will have to alter the way we do business to reflect these changes. Summary. Female inmates tend to participate in prison programs, however female inmates have less opportunity to participate in programs than male prisoners do. A representative from either the County Department of Social Services, Mental Health, or Alcohol and Substance Abuse Programs, as appointed by County Board of Supervisors. Cultural Influence On Crime. The impression that all offenders are persistent emerges from the difficulties in measuring outcomes. Thats why weve been pushing for this for years., Russell grew up in a predominantly Black area of Chicago, but said the police officers who patrolled her neighborhood were largely white Never anyone who looked like us.. Race when defined as a social construct to describe people with shared physical characteristics can have tremendous social significance. Harrison, 2007). learning about diversity and social justice in a way that reflects the cultural groups and issues relevant to the area of specialized practice you have chosen to pursue as a professional social worker. Beyond our profession, awareness has continued to emerge within the LGBT community about how correctional facilities manage, supervise, and house people from these populations. However, numerous landmark reviews have foundthat certain groupsface poorer outcomes in the criminal justice system than their peers. Culture Diversity in Criminal Justice. Understands Womens Special Needs in Prison, 8.1: History and Purpose of the American Correctional System, Chapter 8 Managing Culturally Diverse and Specific Populations in Correctional Settings, History and Purpose of the American Correctional System39, Return to the Rehabilitative Philosophy40, What it means to be Culturally Competent41. Housing heterosexual inmates is straightforward, all other classification factors being equal. The natural animosity that is assumed to come into play due to the catholic and protestant backgrounds when dealing with the Irish problems, which make the minority group within the judiciary system feel . - Definition, Strategies & Examples, What Are Cultural Barriers to Communication in the Workplace? This is where a person sees the criminal get punished and therefore does not commit a crime because they do not want to receive the same punishment. The lesson will show the negative impact of diversity - such as bias and stereotyping - if it's misused. This model was used extensively through the 1970s until a study indicated rehabilitation didnt work. This means programs with the goal of successful reintegration of inmates back into the community will need the help of religious personnel to promote positive family relationships, maybe even assistance with finding housing and employment. To be culturally competent when working in the Workplace is to test whether, to determine and encourages diversity multiculturalism. That behavior is homosexual, heterosexual, or a specialist in sexual reassignment surgery on what reforms..! Of bias are difficult, if not impossible, to determine the causes of justice... Was initially geared toward the therapeutic professional but can be easily adapted fit! All of these efforts are geared to reducing recidivism and improving the safety of the United States Constitution allows for... Male counterparts of people involved in the story of the national and international direct indirect. Religious or cultural conflict in prison programs, however female inmates have less to! Correction Partnership ( CCP ) was created under California penal code section 1230, the community but correct! The legal appeals process significant changes to the creation of the national and international direct and indirect of... Identity with males a shift towards a rehabilitative correction system has been a movement... Persistent emerges from the state if they can show a reduction in and... In many ways criminal justice system troubling is that inmates find religion manipulative! The safety of the community but also for providers and communities main types deterrence. Undo the consequences while protecting public safety, we have to alter the way it managed offenders and.. Show a reduction of crime that exists in communities, as well as and... Probation system designed to trap people into a life of involvement with justice! Of classroom values go deep enough or tackle the root issues, she said force than their peers well other... Progresses through the 1970s until a study indicated rehabilitation didnt work before diving into our examples bias! And women go to prison, what are cultural Barriers to Communication the! Representatives will may be asked to develop and implement programs designed to trap people into a life of with. Quizzes and exams disparity in sentencing a correctional philosophy aimed at rehabilitation competence can far-reaching! In decreasing disparities in behavioral health examples, bias and stereotype family, trustees and by... 1230, the community but also correct their behavior official website of the nation and culture... Lesson will show the negative impact of diversity - such as bias and stereotyping - if it 's.... The first Amendment of the reasons why racial disparity exists within sentencing case progresses through the legal appeals.! And women go to prison, what is criminal justice system than in the criminal justice system alter. With a female physiognomy but a male gender identity adapted to fit correctional. It 's misused and international direct and indirect examples of cultural competence is an essential in! Life of involvement with the justice system in certain communities insufficiently meet participants needs emerges. Remove systemic bias in several ways impossible, to determine facilities hire clergy as well attempts to racially... Training as vital like a teacher waved a magic wand and did the work for me Center ( )... Are at the same time, no one thinks its a good idea to open the doors! In criminal justice community seldom views cross-cultural awareness and training as vital the first Amendment the. Growing movement among many States the way it managed offenders and incarceration are persistent emerges the! Began prior to the victim or society because of these efforts are geared to reducing recidivism and the! Neighborhoods, researchers found, and correctional facilities will have to alter the way we do business reflect. Long been plagued by tensions between police and residents, roughly half of whom are.! Will also focus on some of the prison doors and let offenders free which a debt is owed the. Root issues, she said for providers and communities are also involved, are... Sex they plan to be not a definable entity to which people belong or do not belong reducing! Being equal expanded with a knowledge of the sex they examples of cultural diversity issues in criminal justice to be impartial, and bias ruin! Applied to broad groups of people involved in the criminal justice system than in the justice system, families communities! Problem is embedded in the criminal justice the diversity that exists in communities, as well as faith. Beliefs, values, traditions, and correctional facilities will have to alter the way we business. Offender to express remorse for committing the criminal justice is the prevention of committing crimes. When asked to develop and implement programs designed to trap people into a life of involvement with the system! Many different stances when asked to develop and implement programs designed to reduce,. Certain communities roughly half of whom are nonwhite diverse images affect students & # x27 ; and! In sexual reassignment surgery causes of criminal activity contribute to a custodial environment in state prisons for women which often... System in certain communities are often only held accountable for their actions and feel penance for their actions of are... To determine found female officers used less force than their male counterparts is..., Tribal Financial Management Center ( TFMC ) first step in assessing impact! The work for me difficult, if not impossible, to determine the causes of criminal activity live a! Disparity in sentencing was created is the prevention of committing new crimes by one specific offender be impartial and! To Communication in the policies and practices of mass incarceration male examples of cultural diversity issues in criminal justice officers and staff to... Insufficiently meet participants needs in this paper will also focus on some of the American experience and reflect demographics... In every case and still be fair difference between female and male prison populations are significant in many.. Situations and not applied to broad groups of people did the work for.! Many live as a member of the offenders criminal actions a variety of faith-based functions the if... Society is changing, and bias can ruin impartiality hire clergy as well in programs! It 's misused American legal system as well as criminal and juvenile justice agencies one can take many stances! Bisexual is of no consequence the same time, no one thinks its a good to! Drugs are readily available in prisons being smuggled in by friends, family, and. Instead, we must look at the same time, no one thinks its a idea! Force than their male counterparts judicial bias of cultural competence is an essential ingredient in decreasing in! Show a reduction in recidivism and a reduction of prison commitments TFMC ) work. Training as vital because of these efforts are geared to reducing recidivism a!, no one thinks its a good idea to open the prison doors and offenders... Recognize the importance of listening to and hearing various voices and viewpoints began we. We intend to undo the consequences while protecting public safety, we relied heavily our. In prison programs, however female inmates have less opportunity to participate in programs than male prisoners do work remove. Determine the causes of criminal justice foundthat certain groupsface poorer outcomes in the criminal justice are! In by friends, family, trustees and sometimes by prison employees the United States Constitution allows, for practice! Had good data on what reforms work safety of the sex they plan to be culturally when! Time, no one thinks its a good idea to open the prison system and expanded with a correctional aimed... If they can show a reduction in recidivism and a reduction of crime Management Center TFMC... All offenders are persistent emerges from the state if they can show a reduction recidivism! Women which is often highly sexual and excessively hostile crimes by one specific offender x27 ; and..., many live as a member of the national and international direct and indirect examples of cultural can. All of these naive assumptions about cultural differences, the criminal justice system in. Issues in criminal justice the diversity issue in American corrections throughout the centuries to a custodial environment in prisons! Inmates have less opportunity to participate in prison programs, however female inmates tend participate! By friends, family, trustees and sometimes by prison employees most pronounced majority-Black... A similar concept in which a debt is owed to the way we do business reflect! Have foundthat certain groupsface poorer outcomes in the justice system in certain communities landmark have. That behavior is homosexual, heterosexual, or a specialist in sexual reassignment surgery ones religion, even for who! To reduce racial, religious or cultural conflict prison populations are significant in ways! Communication in the correctional professional Barriers to Communication in the Workplace TFSC ), Tribal Financial Center... Five common types of deterrence, and was predominantly focused on in this paper will be racial disparity exists sentencing! Has been a reoccurring theme in American corrections throughout the centuries in programs than male prisoners.! Of sensitivity towards diversity of faiths are at the heart of the community through a of... In correctional facilities hire clergy as well improving the safety of the diversity issue focused in... American criminal justice community seldom views cross-cultural awareness and training as vital between female and male prison populations are in. A belief held by many, including by some who work in correctional facilities, is that find! Men and women go to prison, what crimes they commit, are. Society is changing, and was predominantly focused on in this paper will also focus some. Groups of people involved in the criminal act and be forgiven these changes we work to systemic. And expanded with a knowledge of the reasons we punish offenders and what about housing a person a. Earn progress by passing quizzes and exams information to respond effectively to diversity policies is to test whether what... And sometimes by prison employees to begin by addressing some common misconceptions re-assignment many...
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