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UNDERSTANDING CULTURAL DIFERENCES

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Racial Profiling? Racial Profiling? Chester Township Police Chief Jim Charley – PowerPoint PPT presentation

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Title: UNDERSTANDING CULTURAL DIFERENCES


1
Officer Richard Neil (retired)
Community Diversity Part 5
2
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3
  • Nuclear Survival Exercise
  • Only 6 can enter . . .

4
  • 1. Bookkeeper, White, Male, 31 old years
  • 2. His wife, 28, Asian, six months pregnant
  • 3. Black male militant, 26, second-year medical
    student
  • 4. Famous historian-author, Hispanic, Male, 42
    years old
  • 5. Hollywood starlet, 25, singer dancer
  • 6. Bio-chemist, 35, Male, Saudi, Muslim,
  • 7. Rabbi 54 old years
  • 8. Olympic Track Athlete, 22, Black, Female
  • 9. College student, 20, White, Female
  • 10. Police Officer, 48, White, Male, with gun
    (they cant be separated)

5
  • Which 4 did your group exclude? Why?
  • Which 6 did your group keep? Why

6
RACISM AND BIGOTRY
  • RACISM AND BIGOTRY ARE VERY MUCH A PART OF
    AMERICAN SOCIETY

7
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8
RACISM CAN BE AS COMMON IN LAW ENFORCEMENT AS IN
ANY OTHER SEGMENT OF SOCIETY
9
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10
SPO 6 THREE TYPES OF RACISM
  • INDIVIDUAL
  • INSTITUTIONAL
  • CULTURAL

11
INDIVIDUAL RACISM
  • The belief that ethnic minorities are inferior
    because of their racial identity and the
    corresponding behavior patterns which seem to
    perpetuate these attitudes and positions

12
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13
INSTITUTIONAL RACISM
  • Any internal organizational activities that
    create racial inequalities and result in the
    subordination and oppression of minorities either
    intentional or the result of business as usual
  • Institutional racism is an extension of
    individual racism inherent in culture

14
CULTURAL RACISM
  • Involves the elevation of the cultural heritage
    of one group to a position of superiority over
    the cultural experiences of other ethnic,
    minority groups

15
CULTURAL RACISM
  • The idea that one group is right, to the
    exclusion of all others, prevails in this
    expression of racism

16
CULTURAL RACISM
  • In this view, only those values, attitudes,
    beliefs, traditions, customs and morals ascribed
    to the dominant group are considered acceptable
    and normal prescriptions of behavior

17
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18
CULTURAL RACISM
  • Prejudice against individuals because of their
    culture
  • The culture of minority groups is seen as flawed
    in some way
  • Minorities are encouraged to turn their back on
    their own culture and to become absorbed by the
    majority culture
  • Cultural racism, as a theory, needs to prove the
    superiority of Europeans, and needs to do so
    without recourse to the older arguments from
    religion and from biology. How does it do this?

19
CULTURAL RACISM
  • By recourse to history by constructing a
    characteristic theory of cultural (and
    intellectual) history
  • The claim is simply made that nearly all of the
    important cultural innovations which historically
    generate cultural progress occurred first in
    Europe, then, later, diffused to the non-European
    peoples

20
CULTURAL RACISM
  • Therefore, at each moment in history Europeans
    are more advanced than non-Europeans in overall
    cultural development, and they are more
    progressive than non-Europeans
  • This is asserted as a great bundle of apparently
    empirical facts about invention and innovation,
    not only of material and technological traits but
    of political and social traits like the state,
    the market, the family

21
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22
SPO 7 PREJUDICE
  • Unreasonable feelings, opinions or attitudes,
    especially of a hostile nature, regarding a
    racial, religious or national group

23
Whats different?
24
STEREOTYPES
  • Positive or negative images we hold of certain
    people, races or ethnic groups within various
    categories
  • People use stereotypes as a justification for
    their actions in accepting or rejecting various
    people or groups

25
DISCRIMINATION
  • Treatment or consideration of, or making a
    distinction in favor of or against, a person or
    thing based on the group, class, or category to
    which that person or thing belongs rather than on
    individual merit.

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28
CONDITIONAL ACCEPTANCE
  • When we accept a person conditionally a burden
    is placed on him or her
  • The term If is the key that locks them in a box
  • Conditional acceptance is the proposal to include
    a person as long as he or she changes something
    in his or her behavior or values to suit our
    taste
  • This kind of acceptance is not respectful of a
    persons uniqueness

29
UNCONDITIONAL ACCEPTANCE
  • You include the person as he or she is
  • Is free from judgment and evaluation

30
PREJUDICIAL BEHAVIOR MAY BE RANKED ON A CONTINUUM
FROM LEAST SEVERE TO MOST SEVERE
  • Avoidance
  • Negative speech
  • Discrimination
  • Physical attack
  • Extermination/genocide

31
CROSS-CULTURAL COMMUNICATION TRAPS INTO WHICH
OFFICERS CAN FALL
  • Using language to become or sound like one of
    them
  • Trying to fit by emulating the lifestyle of
    group members can be viewed as mocking that group
  • Working too hard not to offend can be offensive
  • Use of statements such as, Some of my best
    friends are can be offensive

32
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Gestures. There are a few gestures in American
    English that are offensive in other cultures . .
    .
  • e.g., the O.K. gesture is obscene in Latin
    America, the good luck gesture is offensive in
    parts of Vietnam, and the come here gesture
    (beckoning people to come with the palm up) is
    very insulting in most of Asia and Latin America

33
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Body Position. A person relaxing at his desk
    with his feet up, baring the soles of his shoes,
    would most likely offend a Saudi Arabian or Thai
    (and other groups as well) coming into the
    office.
  • To show ones foot in many cultures is insulting
    -- the foot is considered the dirtiest part of
    the body. (This would also apply to an officer
    who makes physical contact with the foot when,
    for example, someone is lying on the ground.)

34
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Facial Expressions. Not all facial expressions
    mean the same thing across cultures. The smile is
    a great source of confusion for many people in
    law enforcement when they encounter people from
    Asian, especially Southeast Asian, cultures. A
    smile or giggle can cover up pain, humiliation,
    and embarrassment. Some women (e.g. Japanese,
    Vietnamese) cover up their mouth when they smile
    or giggle. . . .gt

35
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Facial Expressions. Upon hearing something sad,
    a Vietnamese may smile. Similarly, an officer may
    need to communicate something that causes a loss
    of face to a person, resulting in the person
    smiling. This smile does not mean that the person
    is trying to be a smart aleck with you. It is
    simply a culturally conditioned response.

36
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Eye contact. In many parts of the world, eye
    contact is avoided with authority figures. In
    parts of India, for example, a father would
    discipline his child by saying, Dont look me in
    the eye when Im speaking to you. An American
    parent would say Look me in the eye when Im
    speaking to you. To maintain direct eye contact
    with a police officer in some cultures would be
    disrespectful.

37
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Physical distance. Police officers are perhaps
    more aware than others of the distance they keep
    from people in order to remain safe. When someone
    violates this distance, a person often feels
    threatened and backs away, or in the case of an
    officer, begins to think about protective
    measures.

38
CROSS-CULTURAL COMMUNICATION and NON-VERBAL
COMMUNICATION
  • Physical distance. In general, Latin Americans,
    and Middle Easterners are more comfortable at
    closer distances than are northern Europeans,
    Asians, or the majority of Americans.

39
WHEN STRESSED, PEOPLE REVERT TO WHAT IS FAMILIAR
INCLUDING THEIR LANGUAGE
40
SPO 8 INDICATIONS THAT INDICATE RACISM EXISTS
IN THE WORKPLACE
  • Polarization of officers
  • Racial slurs, gestures, graffiti
  • Stereotyping
  • Unfair promotional practices
  • Intimidation
  • Pattern of unpleasant job assignments

41
SPO 8 INDICATIONS THAT INDICATE RACISM EXISTS
IN THE WORKPLACE
  • Biased personnel assignments
  • Perception of lowered standards for
    minorities
  • Hierarchy, lacking parity of minorities
  • Racial inequality in specialized units
  • Forced to depend on organization other than dept.
    bargaining unit for protection of workplace
    equality

42
BIAS BASED PROFILING ILLEGAL PROFILING
43
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44
BIAS
  • AN ADVERSE OR PRECONCEIVED OPINION OR JUDGMENT
    TOWARDS A SPECIFIC GROUP, RACE, RELIGION OR
    SEXUAL ORIENTATION WITH AN INCLINATION FOR OR
    AGAINST A PERSON THAT INHIBITS IMPARTIAL JUDGMENT

45
SPO 9 PROFILING
  • UNEQUAL TREATMENT BY A LAW ENFORCEMENT OFFICER OF
    ANY PERSON BY STOPPING, QUESTIONING, SEARCHING,
    DETAINING OR ARRESTING HIM/HER ON THE BASIS OF
    THE PERSONS ETHNIC OR RACIAL CHARACTERISTICS,
    GENDER, RELIGION OR SEXUAL ORIENTATION

46
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47
Scenario 1
  • Officer parked at a stop sign in proximity to an
    upper class neighborhood high school. Two cars
    with white teens roll through the stop sign in
    Acura type vehicles. The officer does not
    stop either vehicle. Two Hispanic teens, in a
    Chevy Capri , roll through the stop sign. The
    officer makes a stop on that vehicle.
  • Legal / ethical???

48
Scenario 2
  • Two Vietnamese teen boys are walking in front of
    a liquor store in a high-crime, low economical
    area where several reports of robberies by
    Vietnamese gang members have taken place. There
    are a couple of citizens in the background
    walking or talking. Officer pulls up to the curb
    and gets out of the unit. He calls to the boys,
    Hey, you two! Come over here, we need to talk!
    Legal / Ethical???

49
Scenario 3
  • A black middle-age male in sweats is riding a
    bicycle and carrying a package under his arm.
    This is in an upper, middle-class, predominantly
    white neighborhood. A white officer driving by
    pulls up alongside and says, I need you to pull
    over, now! Hold up right there! The man stops
    and officer parks and approaches him.
  • Legal / Ethical???

50
SPO 10 TYPICAL ATTITUDES HELD BY HOMOPHOBICS
  • Uncomfortable around gays/lesbians
  • Fear of disease
  • Homosexuality is a free choice
  • Reprisals against gay/lesbian
    co-workers are okay
  • Feel their
    masculinity/femininity
    is challenged

51
SPO 10 TYPICAL ATTITUDES HELD BY HOMOPHOBICS
  • Gay officers will walk around hand in hand
  • Cant rely on gay officers for back-up
  • Fear, dislike and hate those who have same-sex
    relationships
  • Dislike for those who love
    or are sexually attracted
    to those of the same sex

52
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53
SPO 11 DIFFERENCE BETWEEN CRIMINAL PROFILING
RACIAL PROFILING
  • CRIMINAL PROFILING Based on observed behaviors
    and characteristics
  • RACIAL PROFILING The factors of race and bias
    toward that race are initiating
    factors for law enforcement
    intervention.

54
Racial Profiling?
55
Racial Profiling?
56
Jersey 4
  • April 23, 1998 - 3 Blacks and
    1 Latino
  • New Jersey Turnpike 11pm
  • Troopers pulled along side and looked in, backed
    off and pulled them over
  • Troopers later claimed the van was clocked at
    74mph
  • Good stop?

57
Jersey 4
  • Troopers flanked the van with guns drawn 4
    black men?

58
Jersey 4
  • Keshon Moore accidentally knocked the gear into
    reverse the car rolled backwards
  • What should you do?

59
Jersey 4
  • The officers opened fire as the car rolled slowly
    back into a ditch
  • Reyes was hit six times, Grant four, Brown two
    (who was asleep in back)
  • Troopers testified at least one of the men had
    his hands up as they fired
  • No weapons were seen by either trooper when they
    fired
  • Good shooting???

60
Jersey 4
  • A police search found no guns or drugs in the
    van.
  • Governor Christine Whitman simply declared,
    "There is no such thing as racial profiling.
  • Cops initially cleared then amid public outcry
    indicted, judge later dismissed all charges

61
Jersey 4
  • 1996 court case showed 98 of cars on NJ Turnpike
    were speeing
  • 46 of those stopped were black does that
    racial profiling???
  • What if only 13 of
    drivers on the Turnpike
    are black???
  • Does it matter what the 4
    men were doing?

62
Jersey 4
  • Does it matter if the Troopers didnt have
    Probable Cause for the stop?
  • NJ Attorney General Peter Verniero admitted state
    troopers practiced racial profiling
  • 12.95 million to
    the four men
  • DOJ still monitoring

63
Jersey 4
  • Kenna and Hogan later acknowledged the state
    police practiced racial profiling
  • Pleaded guilty to official misconduct and
    providing false information
  • Troopers Kenna and Hogan didnt even have a radar
    in their cruiser the night of the shooting

64
X-Trooper Hogan
  • He defends racial profiling, arguing that while
    drug use cuts across racial lines, my experience
    led me to believe that drug trafficking was
    dominated by blacks and Latinos
  • I found it useful to listen to rap performers
    like Nas, N.W.A. and Notorious B.I.G. so I could
    speak to these individuals in a
    language they understood.

65
X-Trooper Hogan
  • Now says he fired only after the driver had
    backed up, struck his leg and knocked him over,
    and that he feared the young men were drug
    dealers trying to kill him
  • He acknowledges he lied to investigators but only
    after other troopers encouraged him to
  • I feel as much sympathy for us
    as I do for them

66
Racial Profiling?
67
Racial Profiling?
68
Chester Township Police Chief Jim Charley
  • "I believe a legitimate traffic stop can be made
    on the basis of viewing a black individual in a
    white neighborhood in a fancy car, wearing a
    multitude of gold chains, wearing sunglasses."
  • No longer a chief!
  • Now hes a judge?????

69
Black police officers are also found to racially
profile. Research shows each ethnic group is
likely to profile the others.
70
CRIMINAL PROFILING
  • Also called Investigative profiling
  • Forensic Profiling
  • Courts have accepted such profiles in many types
    of cases involving
  • - Serial Murderers - Pedophiles
  • - Aggravated stalking suspects - Rapists
  • - Perpetrators of hate crime

71
CRIMINAL PROFILING
  • Additionally, the U.S. Supreme Court and many
    Federal Appellate courts have approved DEA Drug
    Courier Profiles as an appropriate investigative
    tool.
  • However, NO court has approved the use of
    profiles to make racially motivated traffic stops.

72
Basis for Stops
  • Once a stop or seizure has occurred, the officer
    must be able to satisfy the court that it was
    based on a reasonable, articulable suspicion.

73
ARTICULABLE SUSPICION
  • A set of clearly expressed facts and
    circumstances that would warrant a person of
    average caution in believing that an offense
  • Has been committed
  • Is being committed
  • Is about to be committed by a specific person

74
ARTICULABLE SUSPICION
  • It can be based on
  • Officers Observations
  • Officers Training experience
  • Information obtained from credible outside source
  • Subtle conduct
  • Gestures, behaviors, expressions consistent
    with suspicious activity

75
CAUTIONS
  • Race CANNOT tip the scales for selective
    enforcement
  • Race alone CANNOT be probable cause or reasonable
    suspicion
  • Race out-of-place is NOT probable cause or
    reasonable suspicion

76
Bias Based Profiling
  • Is illegal
  • Is immoral
  • Is not effective
  • Has negative consequences for officers
    credibility, the individual profiled, the
    community, and the Criminal Justice system
  • You will go to prison for it!!!

77
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78
Officer Richard Neil (retired)
www.OfficerNeil.com
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