UNDERSTANDING CULTURAL DIFERENCES

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

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• 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)

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

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RACISM AND BIGOTRY

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

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RACISM CAN BE AS COMMON IN LAW ENFORCEMENT AS IN
ANY OTHER SEGMENT OF SOCIETY
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SPO 6 THREE TYPES OF RACISM

• INDIVIDUAL
• INSTITUTIONAL
• CULTURAL

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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

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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

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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

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CULTURAL RACISM

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

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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

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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?

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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

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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

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SPO 7 PREJUDICE

• Unreasonable feelings, opinions or attitudes,
  especially of a hostile nature, regarding a
  racial, religious or national group

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Whats different?
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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

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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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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

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UNCONDITIONAL ACCEPTANCE

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

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PREJUDICIAL BEHAVIOR MAY BE RANKED ON A CONTINUUM
FROM LEAST SEVERE TO MOST SEVERE

• Avoidance
• Negative speech
• Discrimination
• Physical attack
• Extermination/genocide

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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

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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
  

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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.)

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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

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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.

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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.

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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.

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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.

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WHEN STRESSED, PEOPLE REVERT TO WHAT IS FAMILIAR
INCLUDING THEIR LANGUAGE
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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

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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

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BIAS BASED PROFILING ILLEGAL PROFILING
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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

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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

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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???

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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???

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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???

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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

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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

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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.

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Racial Profiling?
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Racial Profiling?
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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?

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Jersey 4

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

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Jersey 4

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

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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???

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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

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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?

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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

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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

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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.

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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

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Racial Profiling?
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Racial Profiling?
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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?????

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Black police officers are also found to racially
profile. Research shows each ethnic group is
likely to profile the others.
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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

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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.

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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.

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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

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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

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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

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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!!!

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Officer Richard Neil (retired)
www.OfficerNeil.com