FAIRNESS AND CULTURAL CONCERNS IN DOMESTIC VIOLENCE CASES

1. FAIRNESS AND CULTURAL CONCERNS IN DOMESTIC VIOLENCE CASES Sujata Warrier PhD email: sujata-warrier@att.net Phone; 212-417-4477

2. Learning Objectives At the end of this segment, you will be better able to: Define the terms culture and cultural competence and enhance respect for the dynamics of difference. Identify ways in which culture is relevant in the courtroom and cases. Recognize cultural misinformation and avoid assumptions about a person, family or the facts of a situation based on misinformation. Assess blinding preferences that are brought to any encounter that might influence demeanor or the interpretation of facts and making of decisions in domestic violence cases. Apply knowledge about culture in cases involving domestic violence.

3. Cultural Exercise What is your cultural identity? How does your cultural identity affect, limit or enhance your work?

4. Culture�. Culture shapes an individual�s experience of domestic violence. Culture shapes the batterer�s response to intervention and acceptance of responsibility. Culture shapes access to other services that might be crucial for adult victim, the children and the perpetrator. The culture of the courtroom, the victims and the perpetrator will impact outcome.

5. What Is Culture? Historically and anthropologically thought to be a stable pattern of beliefs, values, thoughts, norms etc.. that are transmitted from generation to generation for successfully adapting to other group members and their environment. The problem is that this is an outdated definition.

6. Definition Of Culture A critical definition of culture refers to shared experiences or commonalities that have developed and continue to evolve in relation to changing social and political contexts, based on:

7. Cultural Context In all cultures, contexts of privilege and access are created by certain norms against which all other sub groups are compared. Privileges and access arise from having one or more of the above attributes of identity. Privilege includes not having to recognize own culture as norm, access to resources, connections and status.

8. Cultural Context Privileges for one group can create the dynamics of domination. Domination begins with half-truths, misinformation, lies about persons based on differences. Misinformation becomes ingrained in society and others are thought to be deficient and eventually the target group internalizes the misinformation.

9. Working Assumptions IN GENERAL: Women, men and children have the right to live free from violence and the judiciary can take preventive action against domestic violence. Victims have the right to safety and self-determination, which might include staying with the perpetrator, family and community or leaving the relationship. The batterer is responsible for the violence. Domestic violence cuts across race, ethnicity, class, sexual identity, religious affiliation etc.

10. Working Assumptions CULTURALLY COMPETENT ASSUMPTIONS: Cultures are contradictory. widespread acceptance of domestic violence traditions of resistance. values that are nurturing and oppressive. Each victim a unique individual with their own responses. Each individual comes into the courtroom encounter with cultural experiences and perspectives that might differ from those present in the courtroom.

11. TASK During the next few minutes, fill in each box presented with stereotypes about domestic violence that exist �out there in the world� May be positive or negative Awareness of a stereotype DOES NOT mean that you believe it

12. Latino 1 2 3 4 5

13. Poor 1 2 3 4 5

14. Immigrants 1 2 3 4 5

15. Gays and Lesbians 1 2 3 4 5

16. Caucasian/White 1 2 3 4 5

17. Asian Americans 1 2 3 4 5

18. Research indicates that stereotyping is part of the normal psychological process of categorization that under pertinent conditions, can lead to inaccurate generalizations about individuals...

19. Categorization The process by which we classify items, objects, or concepts, placing them together in groupings on the basis of their similarities with each other.

20. Stereotypes A set of attributes ascribed to a group and imputed to its individual members simply because they belong to that group.

21. Stereotypes Descriptive tell how most people in the group supposedly behave, what they allegedly prefer, and where their competence supposedly lies. Prescriptive tell how certain groups should think, feel, and behave.

22. Stereotype matching advantage indicates that information that fits one�s stereotypes is automatically processed; it is easy to take in, making stereotypes seem to fit automatically.

23. SUMMARY The brain, through such processes as categorization and stereotype-matching advantage, processes information through various short-cuts that tend to reinforce our expectations, especially under stressful circumstances.

24. SUMMARY (cont...) The elimination of stereotypes requires more than good will. It requires: awareness of stereotypes, motivation to avoid reliance upon them, and an intentional thought process.

25. Practical Application of Cultural Competence Culture is operating: Internally blinding preferences Externally heard information or observed demeanor that would suggest presence of cultural difference party directly raised culture as an issue

26. Practical Application of Cultural Competence In All Cases: Increase awareness of one�s �blinding preferences.� For example, Challenge your assumptions. Use inclusive language. Do not assume English Proficiency or traditional family. Do not assume people have resources.

27. Practical Application of Cultural Competence In A Particular Case: Analyze the facts and circumstances. What do you know from general knowledge about the particular culture? What are the stereotypes that are masked as general information? Have you used specific questions to learn about the victim�s cultural experiences? How do you evaluate the victim�s specific experiences in light of the generalized information?

28. Practical Application of Cultural Competence Know the services in the community: Work with a cross section of the community. Give culturally appropriate referrals. Account for barriers and access to services

29. Practical Application of Cultural Competence Explain the court�s values around domestic violence to both parties. Remember, it takes time for people to accept new systems and ideas. Repetition and patience are the key. Adapt culture of the court to meet needs of the diverse victims. Consider: Is it safe for the victim to be in courtroom? Are the interpreters being used appropriate for this case?

30. Criminal Case Adjudication Phase Culture is not an excuse for criminal behavior. Substantively for example, party may not successfully argue that culture or country or community of origin sanctions violence against an intimate partner. all cultures have forces that both condemn and condone DV, through laws, social service structures, and community-based programs.

31. Criminal Adjudication Phase (cont.) Cultural identity CAN impact the due process protections at the adjudication phase � e.g. party�s access to justice (and due process) may demand interpretation services if not English proficient. Party�s immigration status may necessitate advising of immigration implications as part of collateral consequences of plea.

32. Criminal Disposition Phase(and in civil cases) Pivotal question re cultural difference: How does the cultural difference impact remedies to: Assist the victim or avoid unnecessary harm to the victim? Facilitate the imposition of meaningful interventions for perpetrators that increase the potential for compliance?

33. Culture�. Culture cannot and should not be used as an excuse for bad or unacceptable behavior. Remember that explanation ? justification. Understanding the cultural context can help shape appropriate access and responses that bring about justice.