Lecture Notes For Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 7th Edition
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Online Instructor’s Manual for MULTICULTURAL LAW ENFORCEMENT: STRATEGIES FOR PEACEKEEPING IN A DIVERSE SOCIETY Seventh Edition Robert M. Shusta • Deena R. Levine • Aaron T. Olson CLASSNOTES
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iii CONTENTS Preface v Part 1 Impact of Cultural Diversity on Law Enforcement Chapter 1 Multicultural Communities: Challenges for Law Enforcement 1 Chapter 2 The Changing Law Enforcement Agency: A Microcosm of Society 8 Chapter 3 Multicultural Representation in Law Enforcement: Recruitment, Retention, and Promotion 14 Chapter 4 Cross-Cultural Communication for Law Enforcement 18 Part 2 Cultural and Community Specifics for Law Enforcement Chapter 5 Law Enforcement Contact with Asian/Pacific Americans 30 Chapter 6 Law Enforcement Contact with African Americans 32 Chapter 7 Law Enforcement Contact with Latino/Hispanic Americans 35 Chapter 8 Law Enforcement Contact with Arab Americans and Other Middle Eastern Groups 37 Chapter 9 Law Enforcement Contact with Native Americans 40 Chapter 10 Law Enforcement Contact with Gangs, Victims of Human Trafficking, the Homeless, and the Mentally Ill 43 Part 3 Response Strategies for Crimes Motivated by Hate/Bias and Racial Profiling Chapter 11 Hate/Bias Crimes 50 Chapter 12 Racial Profiling 58
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iv CONTENTS Testbank Word Exports Chapter 1 Multicultural Communities: Challenges for Law Enforcement 64 Chapter 2 The Changing Law Enforcement Agency: A Microcosm of Society 71 Chapter 3 Multicultural Representation in Law Enforcement: Recruitment, Retention, and Promotion 79 Chapter 4 Cross-Cultural Communication for Law Enforcement 86 Chapter 5 Law Enforcement Contact with Asian/Pacific Americans 93 Chapter 6 Law Enforcement Contact with African Americans 100 Chapter 7 Law Enforcement Contact with Latino/Hispanic Americans 106 Chapter 8 Law Enforcement Contact with Arab Americans and Other Middle Eastern Groups 112 Chapter 9 Law Enforcement Contact with Native Americans 119 Chapter 10 Law Enforcement Contact with Gangs, Victims of Human Trafficking, the Homeless, and the Mentally Ill 126 Chapter 11 Hate/Bias Crimes 135 Chapter 12 Racial Profiling 146
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v PREFACE This manual is designed to accompany Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 7th edition . We hope that you will find the Instructor's Manual a helpful supplement to Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society . The instructor should also utilize the PowerPoint slides and Test Bank available from the publisher. THE CONTROVERSIAL TOPIC OF CULTURAL DIVERSITY IN LAW ENFORCEMENT From the authors' collective training experience in law enforcement, we advise instructors to expect resistance from some students to the topic of cultural diversity. As discussed in the first section of Chapter 1, some students may not see that there is anything special that needs to be addressed with regard to changing demographics. A sentiment among some officers may be, “Treat everyone fairly and with respect. Don't treat people differently just because of their background.” The instructor should put some thought into dealing with controversy in the classroom before beginning a course or training of this nature, and he or she should establish guidelines with the students. Following are our suggestions: 1. Listen fully to the student's opinion, resisting the temptation to interrupt or disagree. 2. Establish from the beginning of the class that students must give each other respect for diverse viewpoints; the instructor should be the first to model this respect. 3. Establish that students can agree to disagree, but students must control the temptation to confront or accuse one another. 4. Remind students that they themselves are a diverse group (point out: age, gender, ethnicity, education level, and geographic differences) and talk about how each person's respective background contributes to widely different perceptions, experiences, and reality. 5. Point out that if students have a difficult time acknowledging the diversity of viewpoints in their own class in a professional manner, they may tend to become easily inflamed with citizens. Calm and controlled communication in class is good practice. 6. Require that, as a skill that can be transferred to day-to-day policing, all students work on using communication skills to defuse conflict, rather than to escalate it. 7. Remind students of the following if they continue to resist the importance of cultural diversity and its impact on law enforcement: a. Historically, the relations between minorities and police have been poor and this affects officer–citizen contact today. b. Dealing with citizens whose mother tongue is not English requires special understanding and skill in order for communication to be effective—this fact should have nothing to do with officers' views on the use of other languages (i.e., some students may put forth the argument that “they” are in this country now and should be speaking English. Whatever one's personal opinion is,
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vi reality calls for the necessity of communication with non—or limited English speakers). c. Many new immigrants do not generally understand the system upon their arrival in the United States and, therefore, require more time and patience from law enforcement personnel. d. Much modern-day prejudice toward minorities on the part of law enforcement officials has been documented. It is still a serious problem on the job and on the streets. While this obviously does not imply that all officers act on their prejudices, it is unrealistic to argue that prejudice in law enforcement is nonexistent. Finally, some students/officers feel that the topic of cultural diversity in law enforcement training has received undue attention and is consistently overemphasized. It should be pointed out from the beginning of a training program or class session that cultural diversity is a high priority subject along with many other topics. A breakthrough in law enforcement will be made when officers take it for granted that cultural diversity deserves a regular place in the curriculum. ISSUES REGARDING CULTURAL DIVERSITY TRAINERS AND INSTRUCTORS IN LAW ENFORCEMENT The individual selected to conduct cultural diversity classes in the law enforcement agency must not only be skilled at leading discussion, but must also be able to encourage open communication on racial, ethnic, lifestyle, and gender issues. This is achieved more easily if the class is heterogeneous, that is, if there are students of all backgrounds present. Keep in mind, however, that some classes should be divided by rank so that free communication can take place (i.e., a class with lieutenants or captains may result in sergeants not participating). The careful choice of instructors or trainers can prevent a backlash that has sometimes been sparked by cultural diversity training. Members of an organization who may feel threatened by the increased numbers of diverse employees (including women at the higher ranks) may perceive that the training is a vehicle designed to make people feel guilty because of past injustices. A good instructor will not create this impression and will avoid, at all costs, an “us versus them” approach (i.e., a blame approach). Instead, the instructor will emphasize the practical knowledge and skills that accompany cross- cultural understanding, emphasizing, in particular, the increased officer safety, which results from positive interactions with citizens. Ideally, mixed teams (men and women, people from all racial backgrounds) should lead this instruction. Serious problems can arise when the following occurs: 1. Training reflects a narrow view of which cultural differences should be valued (i.e., people from certain backgrounds feel that other cultures are valued more in the training than their own). 2. Training appears to be a course in “political correctness” and not one that is truly designed to assist officers and students of law enforcement.
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vii 3. Training is superficial and implemented as a result of a negative situation (e.g., a lawsuit against an agency, an investigation). 4. Training is not connected to the organization's overall mission regarding diversity (or the agency has not even considered diversity as an organizational issue). 5. Non-law enforcement trainers or community speakers have had conflicts with the police and a bias against police comes through in the training. 6. Training is too theoretical or academic. 7. Trainers/instructors do not model the philosophy or skills associated with a positive attitude toward diversity (e.g., joking about gays, using derogatory terms to define a group). 8. Training is aimed at changing only one group of people, rather than looking at how people need to function together (e.g., in a multicultural workforce). We encourage instructors and trainers to prepare students for the need to understand policing and criminal justice work in multicultural communities.
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1 CHAPTER 1 MULTICULTURAL COMMUNITIES: CHALLENGES FOR LAW ENFORCEMENT Chapter Summary Chapter 1 presents a variety of challenges associated with cultural diversity and its impact on law enforcement. Diversity can impact the nature and perception of crime itself and directly or indirectly have an effect on the methods that law enforcement officers use to respond to and interact with citizens. Chapter 1 also discusses police prejudice and bias, both implicit and explicit, and their relationship to police work and decision-making. Learning Objectives After reading this chapter, you should be able to: • Discuss the impact of diversity on law enforcement and the corresponding need for community policing outreach programs. • Understand past and current reactions to the U.S. multicultural society. • Summarize key demographic trends related to minority and foreign-born populations in the United States and globally. • Provide an understanding of aspects of immigration to the United States. • Define “culture” and “ethnocentrism” and discuss their relevance to law enforcement. • List the primary and secondary dimensions of diversity as well as generational differences among immigrant and ethnic groups. • Apply the concepts of stereotyping, prejudice, and implicit bias to police work. • Describe ways that law enforcement leaders and managers can promote bias-free policing in a multicultural society. Chapter Outline 1. Introduction 2. The Interface of Law Enforcement and Diverse Communities a. Community Policing Outreach: Breaking Down Mutual Stereotypes
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2 3. Attitudes about the Multicultural Society: Past and Present a. The Melting Pot and the Mosaic b. Changing Population c. Minority Populations 4. Global Migration, Refugees and Immigrants in the United State a. The Foreign-Born Population in the United States b. European Immigration c. Distinction between Immigrants and Refugees d. Unauthorized Immigrants and Related Terminology e. Asylum Seekers f. Battered Immigrant Women g. Fear of Deportation, Law Enforcement and ICE h. Undocumented Immigrants: The “U” Visa and Safe Reporting of Crimes 4. Culture and Its Relevance to Law Enforcement a. The Definition of Culture b. Mini Case Studies and Culture Practices: Does Culture Matter? 5. Dimensions of Diversity a. Primary Dimensions of Diversity b. Secondary Dimensions of Diversity c. Further Diversity Within and Among Ethnic Groups d. General Distinctions among Generations of Immigrants e. Intersection of Diversity Factors 6. Prejudice and Bias in Law Enforcement a. Prejudice and Bias b. How Prejudice Influences People c. Implicit Bias 7. Police Leadership in a Multicultural Society a. Challenging Others’ Expressions of Prejudice b. Mandating Change c. Image and Professionalism with Diverse Communities 8. Summary
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3 9. Discussion Questions and Issues PowerPoint Slides PowerPoint slides are provided on the Instructor Resource Center. These reflect key content from the headings and sub-headings listed above. Optional Classroom Exercises and Discussion The following activities supplement the discussion questions at the end of the chapter: 1. Three Scenarios: Cross-Cultural-Police/Citizen Scenarios To further reinforce the idea that the growing diversity in our population has relevance to officers and other law enforcement personnel in their day-to-day work on the streets as well as in the workplace, the instructor presents the following three scenarios for discussion. In analyzing each one (whether in small or large groups) students should keep in mind that, as officers, they will be held to the highest standards in terms of modeling cross-cultural respect. Behavior that does not model respect perpetuates the outdated stereotype of law enforcement representatives as insensitive to the concerns of diverse community groups. Procedure for discussion and suggestions for action follow the three scenarios. a. The Cartoon : An African American officer complains to his shift supervisor that posted on one of the main bulletin boards in the squad room is a cartoon caricature with his name under it. The picture depicts a black male with a bone drawn through his nose. The caption under the picture thanked the officer for his willingness to “model the new department headgear.” This cartoon has been up for at least a day and everyone passes it on their way in and out of the main room. Therefore, at least a couple of supervisors have seen this cartoon. What should happen? b. Stereotypes and Suspicion : A call comes over dispatch that a security guard at a shopping mall in a predominantly white neighborhood has seen four Hispanic males. The security guard reports that they are gang members because they are all wearing matching leather jackets and red ball caps. He reports that they have just opened and closed their car trunk and are now entering the mall. The security guard notifies the merchants, some of whom immediately begin closing their stores. You are the officer in the vicinity of the mall who responds to the call just as the juveniles are leaving the mall and are heading toward their car. In the meantime, several merchants continue to be anxious about the “gang members,” leaving their stores closed. What should happen? c. Relations among Community Groups : You are a police officer in an agency that has been involved in community-oriented policing for several years. You are working in a neighborhood where there has been conflict between Korean
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4 Americans and African Americans. You have been summoned to a Korean American store where the Korean clerk has made a citizen's arrest on an African American youth for petty theft. A group of African Americans has gathered to protest the arrest. They are angry, but they are not hostile to you and your backup officer. There are several ways you could approach this multicultural community problem, and some of the ways would probably ignite the situation more than necessary. What do you think is the best way to handle the situation (i.e., with tact and sensitivity), given the animosity between the two groups? What should happen? Notes to the Instructor Procedure : Have students brainstorm (either in one large group or several small ones) what should happen in each of the following scenarios. When evaluating the students' responses, the instructor should consider how many of the following ideas the students discussed and should encourage additional creative suggestions made by students. Suggestions : The following are suggestions for dealing with the scenarios described above. The instructor may have to modify the suggestions based on laws, policies, and procedures of the students, officers, community, or workplace. 1. The Cartoon a. The supervisor listens respectfully and shows empathy to the African American officer; she/he asks if there have been other incidents. b. The supervisor reassures the officer that the matter will be investigated and appropriate discipline meted out if the responsible party is identified. c. The supervisor immediately removes the cartoon with the idea of identifying the responsible party (even if it takes dusting for fingerprints). d. The supervisor makes a full report and includes notes of interviews with the officer/employee whom he thinks is responsible. She or he finds out if there have been other incidents. e. The supervisor notifies his or her supervisor and submits a report. Notification continues up the chain of command to the chief of police. f. If there is an internal affairs investigator(s), a follow-up investigation should take place. g. Chief ranking officer (CRO) issues a memo to all employees advising generally that such actions (i.e., posting of racist cartoons) and racist/prejudicial behaviors will not be tolerated. h. CRO mentions departmental general orders covering fact that this occurrence violated department policy. Memo indicates that the person violating general orders will be disciplined immediately and that discipline will range depending
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5 on the severity of the violation. CRO may ask anyone with information to come forward. i. Where appropriate, the supervisor arranges for discussion among officers/employees affected. The supervisor encourages a dialogue between parties to increase awareness of the effects of the racist actions. j. The supervisor or manager looks through department training from the past year as it relates to diversity or ethics to see if this type of issue has been discussed. He or she makes sure that all training of this nature is documented (if not videotaped) to counter an officer's assertion that “we never covered this.” k. The supervisor should discuss the issue on every shift during briefings and staff meetings. He or she must emphasize strongly that this type of behavior will not be tolerated. 2. Stereotypes and Suspicion Officers do not have probable cause (PC) to stop Hispanic males to investigate possible crimes. Officers cannot detain Hispanics just based on how they are dressed. The officer's dilemma is that mall security/management and store owners will demand some action and will complain if nothing is done. Officers could: a. Record license number of the car and look through the windows to determine if there is anything suspicious inside that provides PC and run license plate for wants and warrants. b. Approach Hispanic males in a friendly manner and not as possible gang members and ask if they can talk about the store owners' and mall security's concerns. c. If they are cooperative, officers can simply request names and ask friendly, open-ended questions about what they are doing at the mall. d. Security and mall management should be interviewed: Did a crime occur? If not, they should be informed of what actions officers can legally take. e. Officers and security should inform stores that closed that no known crime has taken place; they should explain what officers can legally do and not do. f. Assuming there has been no trouble, officers can provide a small amount of “community education” by explaining to the parties concerned that many good kids are dressed like gang members, but should not be stereotyped. g. While advising security and store owners to remain cautious at all times, officers can model tolerance and non-prejudicial attitudes. h. The department should make sure that it has an ongoing positive relationship with the ethnic community involved and should, bringing in members from that community, offer a brief training to mall security and store owners. Community members should discuss stereotypes, and law enforcement should present information on what to look for when identifying a gang member. This is a proactive and preventive approach to the problem.
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6 Note: In San Mateo, California, a shopping center settled a civil rights suit by agreeing not to discriminate against teens wearing “gang-style” clothing, and to pay $30,000 to four teenagers who say they were illegally ejected by security guards. The instructor could conclude the discussion of the scenario with this fact. 3. Relations among Community Groups a. In most states/localities, this youth can be released on a citation to appear in court (juvenile, or, if over 18, adult court). b. Scenario does not indicate age of youth—if younger than 18 years old, parent could be summoned to scene and youth released with citation/notice to appear in court. c. Community-based policing involves the officer having contacts from various community groups. Officer should identify individuals from the Korean and African American community who can assist in mediating problems. Officer should not feel that she/he is the only solution in the conflict, but should welcome and encourage community members' help. d. Officer should listen to both sides—What does each side want? What are their grievances? Are there other problems that need to be investigated and addressed? e. Officer should document problems and tell parties what course of action will be taken. f. Officers should set date to meet with parties again and should get names for the follow-up. g. Officers can encourage community leaders to arrange to get together to brainstorm ways in which their respective communities can reduce tensions and conflicts. Wherever possible, officer should attend meetings and help to mediate. h. Officers need to realize that this is not an isolated event, i.e., there most likely have been issues and tensions leading up to the incident. The department management needs to put into place a “distant early warning system”* and should monitor community relations through the media and through communication with community leaders. i. After an incident of this nature, the department leaders should consider initiating a rally with members of both communities. The rally, with the police involved, would show the rest of the citizens that there is unity and that most individuals in the ethnic groups concerned want peaceful relations. * The authors wish to thank Retired Deputy Chief Ondra Berry of the Reno, Nevada PD for his ideas on the “early warning system.” He speaks of preventive, pro-active initiatives as “front-end programming” and positive actions taken after a negative incident as “back-end programming.” For example, in anticipation of trouble in Reno after the verdict in one of the most well-known police brutality cases two decades ago (the Rodney King case),
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7 the chief of Reno PD initiated a rally and walked with community members of all races and ethnicities. Citizens had a direction for their reactions to the verdict and channeled their energy into peaceful protest. 4. Community Surveying The officer/student can continue to learn more about communities by surveying leaders and representatives in various communities. This type of exercise will reveal more than can be taught in a classroom setting and will complement the cultural information offered in this text. When community leaders are surveyed or interviewed, the following types of questions should be asked: a. What is the size of the group relative to the city's population? b. What are the economic, social, and political concerns of the group? c. What are their issues, if any, with law enforcement? d. How much contact, both positive and otherwise, do they have with law enforcement? e. What type of training should be offered to law enforcement in order for the community to be better understood? f. Which leaders and institutions should law enforcement know about if questions or the need for referrals arise? Notes to the Instructor The instructor may wish to expand upon the content on the multicultural population, including the foreign born population, in specific regions and metropolitan areas by using additional census information available through the U.S. Census Bureau website. Instructors can encourage students to research the ethnic, cultural, and racial diversity unique to their local and regional communities. Optional Student Assignments The instructor may wish to assign students the following for written analysis: A. Cases noted throughout the textbook chapters B. Chapter-end questions C. Essay questions found in Test Bank for each chapter
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8 CHAPTER 2 THE CHANGING LAW ENFORCEMENT AGENCY: A MICROCOSM OF SOCIETY Chapter Summary Chapter 2 analyzes the demographic changes within law enforcement agencies and the reactions to diversity in the workplace as they pertain to law enforcement. The chapter provides data on women, gay men, and lesbians in law enforcement. Its content covers what chief executives and management need to do in order to provide a safe environment for employees from all backgrounds. Learning Objectives After reading this chapter, you should be able to: 1. Identify how the ethnic, racial, gender, and lifestyle composition of law enforcement agencies is changing in the United States. 2. Define racism and understand the steps organizational managers and supervisors can take to identify and control prejudicial conduct by employees. 3. Describe methods for defusing conflicts within the organization and community related to issues of gender, sexual orientation, race, and ethnicity. 4. Explain the history of women in law enforcement, the issues confronting them, and how support and mentoring programs help them make transitions into the workplace. 5. Define the LGBTQ and gender identity. 6. Explain how law enforcement chief executives must convey zero tolerance for discrimination based on sexual orientation. 7. Explain the role of police department leadership in providing a workplace environment that is inclusive of all employees. Chapter Outline 1. Introduction 2. Changing Workforce a. Law Enforcement Diversity: A Microcosm of Society b. Local Police Departments
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9 c. Sheriffs’ Offices 3. Racism within Law Enforcement Workforce a. Defusing Racially and Culturally Rooted Conflicts in the Workplace b. Conflict Resolution Tips c. Departmental General Order for Control of Prejudicial Conduct d. Police Organizations e. Assignments Based on Diversity 4. Women in Law Enforcement a. Women in the Workforce b. Number of Women in Law Enforcement c. Workplace Issues d. Mentor and Informal Networking Programs for Women e. The Transition of Women into Law Enforcement 5. LGBTQ Employees in Law Enforcement a. Policy versus Practice b. Recruitment c. Changing Attitudes d. Differences in Treatment of LGBTQ Officers e. The Transition of LGBTQ Individuals into Law Enforcement f. Discrimination and Harassment against LGBTQ Enforcement Officers g. Potential Consequences of Discrimination and Harassment in the Workplace h. Statutes and Company Policy Pertaining to Discrimination Based on Sexual Orientation i. Training on LGBTQ Issues 6. Commitment, Leadership, and Management in the Diverse Workforce a. The Role of the Chief Executive b. Community Relations and Support
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