1 Minorities, Diversity, Multiculturalism, Globalization, and the Criminal Justice System

Defining the Term “Minority” Any group of people who are substantially different from the broader society in political, economic, religious, or racial terms .It also includes persons who have diminished access to resources or ability to compete in a market economy. continued on next slide

Defining the Term “Minority” The term “minority” encompasses a number of aspects that work together to establish such a status.

Defining Cultural Diversity We use the term “cultural diversity” to refer to a concept whereby the history, beliefs, behavior, language, traditions, and values of racial and/or ethnic groups are what make them distinct.

Multiculturalism Policy-setting agenda to adopt equitable forms of consideration for distinct ethnic, religious, and racial groups without promoting any particular group as being dominant or central in identification. Can include official belief systems and lifestyle choices, with none being held as superior.

Globalization The process by which societies, cultures, and economies around the world have become integrated due to advances in communication and transportation technology, as well as the passage of laws and treaties that facilitate this integration.

The Influx of Differing Cultures It is important to note that the influx of immigrants into the United States is unprecedented in relation to the proportion that account for the overall national population. About 60 percent are in the process of obtaining some type of permanent status.

Immigration Mexican immigrants, whether legal or illegal, account for the largest influx of persons in the United States. Next largest group of immigrants consists of a variety of Asian nationalities.

Immigration Latinos and Asians are the majority of immigrants into the United States, discussions related to immigration will focus on these populations.

Immigration Issues – Mexico North American Free Trade Alliance (NAFTA) This agreement was much more lenient on immigration for Mexican citizens wishing to work in the United States. The sheer economic impact of NAFTA on the United States is unparalleled.

Immigration Issues – Mexico In states such as California, Arizona, New Mexico, and Texas, there has been a substantial backlash from citizens of the United States toward persons migrating to the United States, whether legally or illegally.

Immigration Issues – Asian Groups Predominantly located in California, New York, and Illinois. There is an increasing tendency among Asian Americans to intermarry and have children with partners of other racial categories.

Challenges to Law Enforcement Agencies need regular channels of communication between immigrant community representatives and police to help build trust. Engaging diverse groups should involve inclusion of community representatives.

Challenges to Law Enforcement If high-level police officials and policy makers do not participate the community representatives may perceive an initiative as little more than public relations.

Impact of the Global Community on American Jurisprudence Many attorneys are now integrating precedents from other national jurisdictions within their own legal arguments. The Supreme Court itself has accepted such arguments in some circumstances as valid and applicable to a number of legal issues.

Supreme Court Cases Citing International Law Atkins v. Virginia (2002) Grutter v. Bollinger (2003) This is a trend that will continue and the Supreme Court has given overt indication of this.

Historical/Intergenerational Trauma Is the cumulative psychological damage that specific groups of people suffer throughout multiple generations. It becomes a shared group experience that, at least in part, defines that group's role in society.

Historical Trauma and Native Americans Throughout American history, Native Americans were relocated by force to less desirable areas of the United States. Through a process of genocide (mass extermination), the population of Native Americans was decimated across the continent. Entire tribes were eradicated.

Historical Trauma and Native Americans Native Americans who did survive the systematic process of brutalization were forced to live in reservations constructed on lands that had little value and/or use. Boarding schools were constructed and Native American children were abducted, en masse, and forced to attend.

Historical Trauma and Native Americans The U.S. government, through the use of Bureau of Indian Affairs agents, regulated the lives of Native Americans.

Historical Trauma and Native Americans The intergenerational trauma and the psychological devastation that began generations ago, magnified by poverty, mistreatment by the United States, and the sense of distrust, have led to increased problems for this group of people

Historical Trauma and African Americans Literally kidnapped from their homes overseas in Africa, Africans were brought to the United States en masse and placed into bondage. For generations, African Americans were bought and sold by wealthy plantation owners, raised as property, and given no rights to self-governance whatsoever.

Historical Trauma and African Americans One cannot enslave an entire group of people and, overnight, proclaim them to be free from generations of bondage without expecting social disadvantages to emerge.

Historical Trauma and African Americans Nowadays, of all the racial minorities that exist in the United States, it is the African American population who is most represented in the criminal justice system.

Conclusion The U.S. cultural scheme is currently in a state of flux. Whether fair or unfair, the modern criminal justice system will need to traverse the difficult and sometimes competing demands of a society that is increasingly becoming diverse.