Throughout this document a discussion focusing on cultural diversity in the United States criminal justice system is presented. Research is conducted for the purpose of providing readers with a view and better understanding of the negative and positive effects cultural diversity has brought to all aspects of the criminal justice system. After reading this document readers will understand the bias, prejudice, discrimination, and unethical actions applied against minority and the indigent by law enforcement officers, prosecutors, and judges who are granted an almost unlimited quantity of discretionary privileges by the state and federal government. Moreover, readers will have a clear perception of many benefits cultural diversity offers a system developed by and composed of White males sharing similar beliefs.
Cultural diversity has both negative and positive attributes that affect all aspects of the criminal justice system. Individuals working within the system, defendants, inmates, victims, society, professionals, and political leaders in modern America continue to witness the affects of a society as culturally diverse as the United States. Cultural diversity allows creative thinking and new ideas, and a change in policy, procedures, and laws, all of which provide equality and inequality. Some people believe cultural diversity in the United States is responsible for negative change, such as certain laws protecting minority against law enforcement. Other people believe cultural diversity sends a positive message to the world by allowing different religious and spiritual beliefs to be freely practiced, and acknowledging and respecting the family values, and morals of those not White.
As of 2010 the United States population is 310 million two hundred million of which are White, and 100 million of which are of minority status. Minorities consist of but are not limited to African American, Asian American, Hispanic American, Native American, Pacific Islander, and other. With the population increasing at unbelievable speeds Whites and minorities continue to flood the criminal justice system as both employees and wrongdoers monitored by the system (U.S. Census Bureau, 2010).
Contemporary law enforcement on the local, state, and federal level has changed immensely from the practices used by law enforcement in the past. Today law enforcement officers receive education and training far exceeding any training implemented in history. Training and education focuses on cultural diversity, religion, and effective communication. In addition, a demand for a more educated, professional, and level headed officer is sought-after by a system composed of rules, regulations, policies, procedures, and laws that if not followed can result in due process of law violations, loss of cases, civil litigations, and much more. These positive characteristics instilled in law enforcement officers alleviate behaviors considered unethical. Law enforcement officers educated in cultural diversity are less likely to apply bias, prejudice, and discrimination toward people of color, or one’s sexual preference, gender, age, and religious and spiritual beliefs (Harley, 2008).
Unfortunately, even with professionalism and equality at the top of law enforcement requirements individuals working within the criminal justice system are permitted discretionary powers that can be used in either a positive or negative manner. Law enforcement officers when encountering a situation can apply discretion based on personal, religious, and family beliefs. This, in return can be detrimental to the indigent and minority groups as ignorance appears to be a trait beneficial to an officer who engages in prejudice or discriminatory decision making. Unfair treatment, such as racial profiling, continues to be problem indigent and minorities encounter throughout the United States on a regular basis. Racial profiling has led to numerous civil litigations, and criminal charges filed against individual officers, departments, and states (Johns, 2004).
Not all bad comes from a culturally diverse Nation and criminal justice system. Contemporary law enforcement is considered an equal opportunity employer and seeks out minority to work as professionals within the system. In addition, more minorities are attending college and receiving associates, bachelors, masters, and even doctoral degrees (PhD’s). Research proved by pairing law enforcement officers from different ethnic backgrounds community members are given the ability to witness firsthand different ethnic groups can, in fact coexist, and work together for the greater good of society. Moreover, in certain situations and under certain circumstances minority officers are better capable of understand and dealing with the actions of an individual from the same ethnic group than that of an officer from a different ethnicity. This in return can alleviate the possibility of verbal and physical confrontation between the citizen and law enforcement officer (Harley, 2008).
Understanding different cultures can further alleviate civil litigation against the individual officer, department, and state as departments can create policies and procedures that assist offices when encountering minority. Diversity within a law enforcement department can create an atmosphere, in which individual officers are permitted to share creative ideas. These ideas can produce a more effective and organized police department (Harley, 2008).
Community policing is a key feature that was used in the past and still is by law enforcement today. Officers concerned with and focus on obtaining good community policing skills are culturally diverse and realize establishing a rapport with members of society from the same culture and different culture is equally important. Community and law enforcement relations is crucial in more ways than not. A majority of investigations require the cooperation and assistance of community members for the successful detection and apprehension of criminal wrongdoers. Without the cooperation of community members, law enforcement is left without eye witnesses, testimony, and other assistance much needed to save valuable time, money, and resources (Harley, 2008).
Another area cultural diversity has affected is the correctional portion of the criminal justice system. Diversity in corrections has become a topic of discussion by many individuals as the system continues to witness an increase in minority correctional officers, staff, administrators, and inmates. New policies, procedures, and laws have been implemented to provide additional training and education for correctional officers and administrators of jails and prison facilities. Such training and education offers a wide-range of benefits, such as safeguards alleviating prison violence as a result of ignorance within a culturally diverse prison population. Correctional staff is provided with training focusing on detecting and preventing issues before problems escalate to levels considered dangerous. Although gang violence, verbal, physical, and sexual assault occur frequently in correctional facilities, research displays such problems continue to decrease as a result of ideas provided by people who understand cultural diversity issues (Tarver, 2001).
Rehabilitation is a new method-tool used in the criminal justice system. Rehabilitation in the past consisted of an inmate speaking to God through prayer, and asking God for forgiveness. This is known as penance. Modern rehabilitation programs and treatments no longer use prayer as the primary means to correct negative behaviors. Rehabilitation is quite diverse thanks to diversity within the system. Rehabilitation is designed to deal with numerous issues, such as personal problems that exist in a culturally diverse jail, prison, family, and societal atmosphere. Cultural diversity has improved rehabilitation programs and treatments by providing professionals a means to deal with minority problems. Counselors, psychologists, psychiatrist, and religious-spiritual guiders can assist minority inmates and Whites with issues concerning, childhood abuse, psychological, physical, sexual, substance-alcohol, and much more (Tarver, 2001).
Problems with a culturally diverse jail and prison population are verbal and physical confrontations that take place between inmates and inmates, and inmates, and correctional staff. Miscommunication and ignorance is believed to be the main cause for one believing he or she was disrespected. Not understanding one’s culture can create a negative environment, and the result can be anything from verbal and physical abuse to sexual assaults causing disease, injury, and even death. In return, an increase in unnecessary stress, anxiety, and depression places inmate victims at high risk for suicide and attempted suicide (Tarver, 2001).
Research has indicated a major difference in the issuing of sanctions exist between minorities and Whites. Minorities and indigent are represented by court appointed attorneys whereas individuals whose socioeconomic status is middle to upper-class, which is mostly White have the financial resources to hire good private legal representation. Individuals, who have the financial resources to obtain good legal representation, have a better opportunity of receiving a fair plea negotiation or a verdict of not guilty. According to University of Phoenix (2010), 90 to 95% of all cases are plea-bargained and never go to trial. Furthermore, any individual who decides to take a case to trial risks a more harsh punishment than the punishment offered through a plea negotiation. Unfortunately, cultural diversity continues to be an issue as more minorities receive unfair treatment by the court system (University of Phoenix, 2010).
The majority of judges, prosecutors, and legal representation in the past were White and any individual of color would be left worrying if the service received or the decisions made would be fair or discriminatory. Many cases throughout history displayed unfair sentencing procedures as a result of disparity and discrimination. Prosecutors have the capability to move forward with a case, drop a case, offer a plea negotiation, and reduce a sentence. These decisions can be applied in a discriminatory manner if the prosecutor is basing his or her actions on extralegal factors or personal beliefs. Unfortunately, determining this is extremely difficult and almost impossible (University of Phoenix, 2010).
Today the court system continues to witnesses a level of bias by judges, and prosecutors that appear borderline unethical and illegal, but fortunately, minorities are becoming employed in the all areas of the criminal justice system and are taken the roles of judges, prosecutors, and legal counsel. This in return has decreased the level of racial disparity and discrimination toward minority and the indigent while increasing equality for every individual charged with a crime or suspected of committing a crime (James, 2002).
Minority judges, prosecutors, and defense attorneys are better prepared to deal with individuals from different cultural backgrounds as a result of understanding one’s own cultural issues and the difficulties encountered by minorities on a regular basis by a society predominantly White. Moreover, minority counsel or counsel that has taken the time to educate and understand the different cultures existing in the United States is provided with a better opportunity to develop, organize, and implement a strong defense strategy that is beneficial to the outcome of the case (James, 2002).
After carefully carrying out research focusing on cultural diversity in the United States criminal justice system one can only imagine how confusing, frustrating, and unjust the criminal justice system of America has been and continues to be toward minority groups and the poor. The American criminal justice system was based on the belief of providing equality to all individuals legal and illegal charged with a crime or suspected of committing a crime in the United States. Unfortunately, disparity and discrimination continues to occur from the time an individual of a low socioeconomic status or of color comes into contact with law enforcement right through the entire stages of a trial, and into the correctional facility. Fortunately, with the increase in minority population the criminal justice system is witnessing a shift in balance. Even though Whites still continue to dominate all aspects of the criminal justice system, minorities are entering the system at record speeds. Minorities employed in the system offer new ideas responsible for creating and implementing new policies, procedures, and laws. This in return, is creating a system open to culture and a Nation as highly developed and sophisticated as the United States cannot accept anything less.
References
Harley, D. (2008). Social Justice and Cultural Diversity Issues. Rehabilitation Education, 237-248. Retrieved December 11, 2010, from EBSCOhost database.
James, L. (2002). Criminal Justice Decisions of the Supreme Court of the United States: 2002 Term, 445-461. Retrieved December 12, 2010, from EBSCOhost database.
Johns, N. (2004). Ethnic Diversity Policy: Perceptions with the NHS, 73-88. Retrieved December 11, 2010, from EBSCOhost database.
Tarver, M. (2001). Rehabilitation Strategies for Diverse Inmate Populations: Considerations for Recreational Therapists, Counselors and Educators, 167-171. Retrieved December 12, 2010, from EBSCOhost database.
University of Phoenix. (2010). Week four overview. Retrieved December 17, 2010, from University of Phoenix, Week Four, rEsources. CJA423-Fairness in the Courts.
U.S. Census Bureau. (2010). Population Reference Bureau. Retrieved December 11, 2010, from http://www.prb.org/Topics/Census2010.aspx
