Project 3

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Southern New Hampshire University *

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120

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Sociology

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Feb 20, 2024

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1 Email From: james.burleigh@snhu.edu To: Civilian Office of Accountability Cc: d.jones5@snhu.edu Subject: Requested Suggestions Report Attachment: Suggestions Report Good afternoon, Board Members, My name is James Burleigh. I am a Victim Advocate with the state of Montana. I have been asked by the Civilian Office of Accountability to provide you with a report on relevant issues. Some of the issues covered in this report are how other cultures view criminal justice professionals, and typical types of misunderstandings between such professionals and civilians. Attached, please find my report. Sincerely, James Burleigh Victim Advocate State of Montana

2 Attachment Suggestions Report James Burleigh Southern New Hampshire University CJ-120-T3360 Cultural Awareness Instructor: Derrick Jones February 27, 2022

3 Suggestions Report Different cultures’ views of criminal justice professionals The Asian community has mixed views of criminal justice professionals. Approximately half of Asian-Americans polled do not believe the police treat racial and ethnic groups equally. “ The divisions continued between generations. A strong majority of the youngest Asian- American voters, ages 18 to 29, cited unequal treatment by police, while that view dropped to 32 percent among Asian-Americans aged 70 and older” (Wang, 2017). The Hispanic community’s views are like that of Asian-Americans. Just over half of those polled feel the police will do a good job in their communities. “ Six-in-ten Hispanics say they have a great deal or a fair amount of confidence that the police in their local communities will do a good job enforcing the law. Just under half of Hispanics say they have confidence that police officers will not use excessive force on suspects. Similarly, just under half of Hispanics say they are confident that police officers will treat Hispanics fairly and that courts will treat Hispanics fairly” (Lopez & Livingston, 2020). Black communities hold a different view of criminal justice officials. “ Around nine-in- ten black adults said blacks are generally treated less fairly by the criminal justice system. And in a survey shortly before last year’s midterm elections , 79% of blacks – compared said the way racial and ethnic minorities are treated by the criminal justice system is a very big problem in the United States today” (Gramlich, 2020). Incidents of cultural misunderstandings between criminal justice professionals and civilians Language

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4 “Within the greater field of criminal justice, law enforcement officers act on the front lines of the law to maintain authority and keep us safe. They are on the streets, at the borders, and in our airports, seaports, parks, and prisons. When officers are able to speak the same language as the individuals they encounter, they enhance communication, promote safety, and prevent dangerous misunderstandings or unnecessarily violent escalations” ( Law enforcement & language barriers in police work, 2018) . Religion/beliefs Suppose you knock on someone’s door, and it takes them a little bit to answer. Would you be suspicious? Perhaps she is a Muslim woman and needed to adjust her headscarf before being viewed in public. What if you try to shake someone’s hand and they refuse? Would you be offended? It’s possible this person’s religion does not allow contact with strangers of the opposite sex. “ In each of these scenarios, confusion or concern would be understandable, since few Americans are religion experts . However, if you're a police officer, such confusion could lead you to insult or harm the people you're supposed to protect by interfering with a religious act or disregarding their concerns about discrimination” (Dallas, 2019) . Illiteracy People who can’t read or write very well have trouble with reading or understanding oral information. Witnesses and victims may feel highly intimidated at the thought of making a statement or testifying in court. Because of this they may hesitate or not call the police at all. “In cases where a person with low literacy does come forward, officers may become frustrated over delays when the person is actually avoiding reading or writing. If the person avoids the situation

5 or does not cooperate, and if the officer is not sensitive to the problem of low literacy, the whole prosecution may fall apart” (Answermen Ltd., 2008). Deafness “Deaf wrongful convictions often begin when police officers fail to ensure that communication is effective pursuant to federal disability rights laws” (Callis, 2014). Deaf people are often mistreated and misunderstood by criminal justice professionals. If a deaf person doesn’t hear your sirens or see the lights behind them, they are accused and sometimes charged with evading or resisting arrest. “ In Oklahoma, sixty-four-year-old Pearl Pearson was pulled out of his car and beaten by police as he attempted to show them a card that said, “I am deaf.” The officers were not charged for the attack; but Pearson was charged with resisting arrest” (Callis, 2014). Professional practices that may create cultural sensitivity in criminal justice professionals Understanding the public For the criminal justice system to repair the confidence and trust of the public, they must first fix the issues that are plaguing them. As of 2016, approximately 65% of Americans think the police officers racially profile Americans. Approximately 58% say the US justice system fails to treat everyone equally. Our criminal justice system needs to attack these issues head on. Once we correct the issues, and learn to understand the public, we will be able to regain the public’s trust. (Ekins, 2016). Diversity training “People from different cultures and backgrounds have different demeanors and ways of carrying themselves. Diversity in the Force ensures that we are prepared for these cultural differences and help us avoid unfortunate misunderstandings” (Flavin, 2018). Many police

6 departments require some level of diversity training. But it isn’t safe for officers or civilians to leave room for serious assumption-based misunderstandings. (Flavin, 2018). Procedural justice “Procedural justice refers to the idea of fairness in the processes that resolve disputes and allocate resources. It is a concept that, when embraced, promotes positive organizational change and bolsters better relationships. Procedural justice speaks to four principles, often referred to as the four pillars: fairness in the processes, transparency in actions, opportunities for voice, and impartiality in decision making” (Moe & Daniels, n.d.). Police legitimacy “Police legitimacy reflects the belief that the police ought to be allowed to exercise their authority to maintain social order, manage conflicts, and solve problems in their communities. Legitimacy is reflected in three judgments. The first is public trust and confidence in the police. Such confidence involves the belief that the police are honest, that they try to do their jobs well, and that they are trying to protect the community against crime and violence. Second, legitimacy reflects the willingness of residents to defer to the law and to police authority, i.e., their sense of obligation and responsibility to accept police authority. Finally, legitimacy involves the belief that police actions are morally justified and appropriate to the circumstances” (State of California Commission on Peace Officer Standards and Training, 2020) . Diverse hiring practices “Law enforcement officers are often the first people to see the value in diverse hiring choices. On the force, your partner or your team could be the difference between life and death, solving the crime or not solving it. And as much confidence you might have in your own wits

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7 and abilities—you don’t want all the officers out there to think like you. The more skills, perspectives and insights a police department can apply to the job—the better” (Flavin, 2018). Best practices to build trust within cultural communities Creating an understanding of the community “Understanding your community requires knowing something about your community, its history, its culture and its political structure. Every community is different, so learning about your community is important. This learning can be achieved in many ways. Libraries are good places to start as they may have special sections devoted to local history. Local history organizations may use the library as a meeting place where you could learn firsthand what others in your community may already know. The local newspaper is an important source of current community activities and issues that also provides a way to identify local leaders with issues of interest to you. Other sources are more informal such as long-time residents of the community and professionals or businesspeople who work in the community. Here is where social networking becomes an important part of learning to lead as joining local organizations and meeting people gives you a chance to learn how citizens view the community and its goings-on” (Pigg, n.d.). Transparency “Police Transparency can be used to share authoritative information and communicate engagement efforts that build trust with the public and community stakeholders. In some communities, inequitable policing practices have eroded the public’s trust and challenged the legitimacy of local law enforcement agencies. As a result, many agencies are seeking new ways to improve their relationship with the communities they serve. The larger reform efforts are helping law enforcement agencies improve transparency and demonstrate accountable police

8 policies. At the same time, agencies are also engaging the community more deeply and using their feedback to drive policing priorities and enforcement policies. Police Transparency is typically implemented by law enforcement agencies that want to increase transparency, grow public trust, and improve relationships with the communities they serve” (ArcGIS Online, n.d.). Accountability “Accountability refers to the processes, norms, and structures that hold the population and public officials legally responsible for their actions and that impose sanctions if they violate the law. Accountability is essential if systemic threats to the rule of law are to be corrected. This involves ensuring there are consequences for criminal behavior. Without accountability, human rights will be denied, crime will flourish, and impunity for past conflict- related crimes will persist, undermining legitimacy and prospects for reconciliation. The concentration of power in any one branch, institution, or level of government often leads to abuse of power and corruption that horizontal and vertical accountability mechanisms can help prevent. Accountability also aims to mitigate against capture of justice institutions by political and economic spoilers that enables impunity, favoritism, and unequal application of the law” ( Accountability to the law, 2010) . Positive communication interactions “Effective communication is about more than just exchanging information. It’s about understanding the emotion and intentions behind the information. As well as being able to clearly convey a message, you need to also listen in a way that gains the full meaning of what’s being said and makes the other person feel heard and understood. Effective communication sounds like it should be instinctive. But all too often when we try to communicate with others

9 something goes astray. We say one thing, the other person hears something else, and misunderstandings, frustration, and conflicts ensue” (Robinson, 2022). Visibility “Increased police visibility will decrease the public's fear of crime, lower the subjective estimates of victimization risk, and strengthen police-community relations” (Winkel, 1986) . Police visibility was seen as a means of facilitating engagement and intervention which, when combined, would be expected to enhance quality of life, reduce fear of crime, fear of intimidation and reduce the incidence of crime.

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10 References: Accountability to the law . United States Institute of Peace. (2010, January 4). https://www.usip.org/guiding-principles-stabilization-and-reconstruction-the-web-version/ rule-law/accountability-the-law Answermen Ltd. (2008). Low Literacy and Criminal Justice . Policeabc.ca. http://policeabc.ca/literacy-fact-sheets/Page-4.html ArcGIS Online (Ed.). (n.d.). Introduction to police transparency . Introduction to Police Transparency-ArcGIS Solutions | Documentation. https://doc.arcgis.com/en/arcgis- solutions/latest/reference/introduction-to-police-transparency.htm#:~:text=Police %20Transparency%20can%20be%20used,of%20local%20law%20enforcement %20agencies Callis, L. (2014, November 16). How the Criminal Justice System fails the Deaf Community - SignNexus: Formerly LC interpreting services - professional sign language interpreting services . SignNexus | Formerly LC Interpreting Services - Professional Sign Language Interpreting Services. https://www.signlanguagenyc.com/how-the-criminal-justice-system- fails-the-deaf-community/ Dallas, K. (2019, August 1). Few police officers are religion experts. that can create big problems . Deseret News. https://www.deseret.com/indepth/2019/8/1/20755777/few-police- officers-are-religion-experts-that-can-create-big-problems#pope-francis-is-greeted-by- philadelphia-police-commissioner-charles-ramsey-as-he-arrives-at-philadelphia- international-airport-in-philadelphia-saturday-sept-26-2015 Ekins, E. (2016, December 7). Policing in America: Understanding Public Attitudes toward the Police. Cato.org. https://www.cato.org/survey-reports/policing-america-understanding- public-attitudes-toward-police-results-national#overview Flavin, B. (2018, December 10). Police officers explain why diversity in law enforcement matters . Police Officers Explain Why Diversity in Law Enforcement Matters | Rasmussen University. https://www.rasmussen.edu/degrees/justice-studies/blog/diversity-in-law- enforcement/ Gramlich, J. (2020, August 27). From police to parole, black and white Americans differ widely in their views of criminal justice system . Pew Research Center. https://www.pewresearch.org/fact-tank/2019/05/21/from-police-to-parole-black-and- white-americans-differ-widely-in-their-views-of-criminal-justice-system/ Law enforcement & language barriers in police work . Lead with Languages. (2018, January 18). https://www.leadwithlanguages.org/language-career/law-enforcement/

11 Lopez, M. H., & Livingston, G. (2020, May 30). Hispanics and the Criminal Justice System . Pew Research Center's Hispanic Trends Project. https://www.pewresearch.org/hispanic/2009/04/07/hispanics-and-the-criminal-justice- system/ Moe, C., & Daniels, L. (n.d.). Procedural justice . PROCEDURAL JUSTICE | COPS OFFICE. https://cops.usdoj.gov/prodceduraljustice Pigg, K. (n.d.). Understanding your community . Community Leadership in the 21st Century. http://srdc.msstate.edu/community/Understanding%20Your%20Community%20268.pdf Robinson, L. (2022, February 8). Effective communication . HelpGuide.org. https://www.helpguide.org/articles/relationships-communication/effective- communication.htm State of California Commission on Peace Officer Standards and Training. (2020, October 10). Resources . Commission on POST > Home. https://post.ca.gov/procedural-justice-and- police-legitimacy Wang, H. L. (2017, April 18). On police treatment, Asian-Americans show ethnic, generational splits . NPR. https://www.npr.org/sections/thetwo-way/2017/04/18/524556485/on-police treatment-asian-americans-show-ethnic-generational-splits Winkel, F. W. (1986). Reducing fear of crime through police visibility: A field experiment . Reducing Fear of Crime Through Police Visibility: A Field Experiment | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/reducing-fear-crime-through- police-visibility-field-experiment

Project 3

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