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OXFO
VNIVERSl
 BRIEF CONTENTS

PART I: AN INT R 。 D UCT l 。 N T。 M ULTICULTURALISM

CHAPTER 1: Introduction 3
CHAPTER 2: Group Dynamics, Communication and Social
Interaction 25

PART II: CULTURAL SPECIFICS IN THE CRIMINAL JUSTICE

SYSTEM

CHAPTER 3: African Americans and the Criminal Justice

System 53
CHAPTER 4: Hispanic Americans and the Criminal Justice
System 91
CHAPTER 5: Asian Americans and the Criminal Justice
System 113
CHAPTER 6: Native Americans and the Criminal Justice
System 141
CHAPTER 7: Women and the Criminal Justice System 163
CHAPTER 8: The LGBT Community and the Criminal Justice
System 189
CHAPTER 9: The Elderly and the Criminal Justice System 218
CHAPTER 10: Juveniles and the Criminal Justice System 241

vii
VIII BRIEF CONTENTS

PART Ill: INTERNAL ISSUES IN THE CRIMINAL JUSTICE SYSTEM

AND MULTICULTURALISM

CHAPTER 11: Policing and Multiculturalism 267

CHAPTER 12: Courts and Multiculturalism 297
CHAPTER 13: Corrections and Multiculturalism 325
CHAPTER 14: Preparing for Multiculturalism in the Criminal
Justice System: Training and Policy 351
CHAPTER 15: The Future of Diversity and Multiculturalism in
Criminal Justice: Strategies for Success 377
 CONTENTS

PREFACE xix
··.
ABOU T THE AUTHORS XX111

PART I AN INT R 。 D UCT I 。 N T。 M ULTICULTURALISM

CHAPTER 1 Introduction 3
Race 6
Ethnicity 8
Minority Groups 8
Distinguishing Physical or Cultural Traits 8
Unequal Treatment by Those in Power 8
Involuntary Membership 9
Solidarity of Members 9
In-Group Marriage 10
'fypes of Minority Groups 10
Racial Groups 1 0
Ethnic Groups 11
Religious Groups 11
Gender Groups 11
Creating Subordinate Groups 11
Migration 11
Annexation 12
Colonialism 12
The Consequences of Subordinate Group Status 12
Prejudice and Discrimination 14

IX
X CONTENTS

Racism 15
Where Does Multiculturalism Fit into the Discussion? 16
Is Multiculturalism in America a Good Thing? 17
Multiculturalism Divides People 18
Multiculturalism Fosters Discrimination 18
Multiculturalism Prevents Equality 19
The Value of Multiculturalism 19
Summary 22
KeyTerms 23
Discussion Questions 23
For Further Reading 23
Notes 24

CHAPTER 2 Group Dynamics, Communication and Social

Interaction 25
Erving Goffman and the Nature of Social Interaction 26
Impression Management 27
Social Interaction and the Criminal Justice System 29
The Criminal Justice ” System''? 31
Groups 34
What Constitutes a Group? 34
Groups in the Criminal JusticεSystem 36
Communication 37
The Communication Process 37
Nonverbal Communication 39
Obstacles Affecting Communication 41
Differential Treatmεnt and Symbolism 42
Social Interaction and Multiculturalism 44
Status and Roles 44
Socially Constructing Reality 45
Summary 46
KeyTerms 47
Discussion Questions 48
For Further Reading 48
Notes 48
 Contents XI

PART II CULTURAL SPECIFICS IN THE CRIMINAL JUSTICE

SYSTEM

CHAPTER 3 African Americans and the Criminal Justice

System 53
Historical Background 53
Slavery 54
The Post-Slavery Era 54
The Civil Rights Movement 56
Civil Disobedience 57
Martin Luther King Jr. and the Riots 58
The Rise of Black Power 58
The Nation of Islam and Black Identity 59
African Americant The Rise of the Black Middle Class 59
The Historical Treatment of African Americans in the
Criminal Justice System 62
African Americans and the Criminal Justice
System Today 6 4
The Police 64
Public Opinion and the Police 67
Violent Crime 69
Arrests 69
Use of Force 70
Deadly Force 71
Profiling and Other Forms of Abuse 72
The Courts and African Americans:
Sentencing Issues 7 6
The Death Penalty and African Americans 78
Corrections and African Americans 80
Race, Fear, and Crime 81
Is the Criminal Justice System Racist? 81
Summa巧 83

KeyTerms 84
Discussion Questions 85
For Further Reading 85
Notes 85
xii C O NTENTS

CHAPTER 4 Hispanic Americans and the Criminal Justice

System 91
Chicanos and Mexicans 92
Immigration 93
Chicanos Today 93
Cubans 95
Cubans Today 96
Puerto Ricans 98
The Influence of Central and South America 10 0
Hispanic Involvement in the Criminal Justice System 10 0
Immigration and Crime 103
Summaηr 107
Key Terms 108
Discussion Questions 10 8
For Further Reading 108
Notes 108

CHAPTER 5 Asian Americans and the Criminal Justice

System 113
A Brief Profile of Asian Americans 115
Model Minority Myth 11 6
Income Data 117
Hate Crimes and Racial Profiling 119
Far East Asian Americans 119
Chinese Americans 11 9
Japanese Americans 121
The First Wave of Anti-Japanese Resentment 121
The Second Wave: Internment 122
Korean Americans 12 4
Southeast Asian Americans 12 5
Pacific Islander Americans 12 7
Hawaiians 12 7
Filipinos 12 8
Indian Subcontinent 12 8
Asian Indians 12 8
Asian Americans and the Criminal Justice System 12 9
Crime Statistics 12 9
Asian Gangs 13 0
Chinese Gangs 130
Vietnamese Gangs 132
 Contents xi ii

Human Smuggling 132

Transnational Organized Crime 13 3
Summa巧 135

Key Terms 13 6
Discussion Questions 13 6
For Further Reading 13 6
Notes 137

CHAPTER 6 Native Americans and the Criminal Justice System 141

Historical Presence of Native Americans 141

Legislating for the People 143
Termination 14 4
Government Involvement in Indian Affairs 14 4
Native Americans Today 145
Employment and Income 14 6
Casino Gambling 14 8
Educational Achievement 15 0
Healthcare 151
Native Americans and the Criminal Justice System 152
Crime Rates 15 3
Victimization 15 4
The Role of Alcohol and Native American Crime 155
Questioning the Relationship between Native Americans and Crime
Statistics 155
Native Americans and the Police 15 6
The Administration of Justice: Tribal Courts 15 7
Native Americans and the Correctional System 15 8
Summa巧 158

Key Terms 15 9
Discussion Questions 159
For Further Reading 16 0
Notes 160

CHAPTER 7 Women and the Criminal Justice System 163

The Fight for Rights 163

Women as a Distinct Culture 16 4
Female Arrestees and Victims 167
Women and Policing 169
Policewomen 170
Interaction with the Police 1 73
xiv C O NTENTS

Females and the Courts 1 73

Sentencing 1 74
Capital Punishment and Females 174
Female Courtroom Personnel 175
Females and Corrections 1 76
Female Incarceration 1 76
Women in Jail 178
Females in Prison 1 78
Females Working in Corrections 181
Summaηr 183
Key Terms 18 4
Discussion Questions 18 4
For Further Reading 18 4
Notes 184

CHAPTER 8 The LGBT Community and the

Criminal Justice System 189
Public Attitudes About Lesbian, Gay, Bisexual, and Transgender
People 190
Operationalization of Terms: Gay Versus Homosexual 192
Differences Between Male and Female Homosexuality 19 3
The History of Homosexuality and Gay Identities in the
United States 194
LGBT People and the Criminal Justice System 19 7
Hate Crimes and Victimization 19 7
Methods of Collecting Hate Crime Data 197
Incidents and Offenses 198
What the Data Shows 198
Is Hate Crime Legislation Really Necessary? 200
Challenges for LGBT People and PLWHIV in the
Criminal Justice System 201
LGBTs/PLWHIVand the Police 202
Gay Police Officers 2 03
Homophobia and Policing 203
Homophobia Within Policing 203
The Courts and LGBTs/PLWHIV 206
LGBTs/PLWHIV and Prison Life 2 0 8
Women, Homosexuality, and Prison Life 211
Summary 212
Key Terms 213
 Contents xv

Discussion Questions 2 14
For Further Reading 2 14
Notes 214

CHAPTER 9 The Elderly and the Criminal Justice System 218

Baby Boomers, Generation X, and Generation Y 21 9

Elderly Crime 2 2 0
Elderly Victims 2 21
Elderly Abuse 2 21
Elderly Offenders 2 2 3
Elderly Criminals and the Criminal Justice System 224
Types of Elderly Offenses 227
Shoplifting 2 2 7
Homicide 2 2 8
Sex Offenses 229
Drunk Driving 230
Formal Reactions to the Elderly Criminal 2 31
Elderly Inmates 233
Summa巧r 235
Key Terms 236
Discussion Questions 2 3 6
For Further Reading 237
Notes 237

CHAPTER 10: Juveniles and the Criminal Justice System 241

Definitions of Juvenile Delinquency 2 4 2

History of Juvenile Delinquency in the United States 243
Nineteenth-Century United States 243
Delinquency in the Early τwentieth Century 2 4 5
Delinquency in the 1960s-1970s 246
Delinquency from the 1980s and into the New Millennium 248
The Juvenile Population 24 8
Juvenile Victims 24 8
Juvenile Offenders 2 51
Juveniles and the Police 252
Juveniles and the Courts 2 5 4
Relative Rate Index 2 5 5
Juveniles and Corrections 2 5 6
Short-Term Facilities 258
xvi C O NTENTS

Institutional Life for Delinquents 25 8

如1ental Illness and Detention 259
Suicide and Institutionalized Youth 2 59
Delinquency, Detention, and Public Policy 260
Summary 260
Key Terms 2 61
Discussion Questions 2 61

For Further Reading 262

Notes 262

PART Ill INTERNAL ISSUES IN THE CRIMINAL JUSTICE SYSTEM

AND MULTICULTURALISM

CHAPTER 11 Policing and Multiculturalism 267

Historical Policing 268
The Roots of U.S. Policing 268
Historical U.S. Policing 2 70
Slave Patrols and Black Codes 2 70
Three Eras of Policing 2 71
The Political Era 271
The Reform Era 272
The Community Era 274
Police Personnel Issues 2 77
Legislating Diversity in Policing 2 78
Integrating Policing 2 79
Steps to Diversify Policing 2 81
Police Practices 2 83
Police Discretion 2 85
Organizational Variables 286
Situational Factors 286
Officer Characteristics 286
Neighborhood and Community Influences 287
Police-Community Relations 288
Summaηr 291
Key Terms 292
Discussion Questions 292
For Further Reading 2 9 3
Notes 293
 Contents XVII

CHAPTER 12 Courts and Multiculturalism 297

Initial Appearance 299

Notice of Charges 2 9 9
Counsel and the Initial Appearance 3 0 0
Pretrial Release 301
Preliminary Hearing/Grand Jury 301
Arraignment 3 02
Trials 304
Jury Selection 3 0 5
Constructing the Venire 3 05
Voir Dire 307
The Body of the Trial 3 08
Jury Nullification 31 0
Enhancing Jury Trials 311
Sentencing 311
Discriminatory Sentencing? 312
Sentencing Structures 312
Appellate Courts 315
Multiculturalism and Courtroom Personnel 31 5
Summary 319
Key Terms 32 0
Discussion Questions 32 0
For Further Reading 32 0
Notes 320

CHAPTER 13 Corrections and Multiculturalism 325

The Organization of Corrections 326

The Correctional Population 32 7
Incarceration 32 8
Prison 330
Prison Life 331
Multiculturalism and Challenges in Prison 334
Jail 337
Community Corrections 338
Probation 339
Release from Prison and Parole 3 41
Correctional Staff and Training 3 4 3
Diversity and Correctional Staff 343
xviii C O NTENTS

Summaηr 345
Key Terms 346
Discussion Questions 347
For Further Reading 347
Notes 347

CHAPTER 14 Preparing for Multiculturalism in the Criminal

Justice System: Training and Policy 351
Training and Multiculturalism 352
The Role of Education 3 5 4
Training and Law Enforcement 3 5 6
Multiculturalism and Courtroom Personnel Training 3 6 0
Multiculturalism and Correctional Staff Training 3 63
The Limitations of Training 3 64
Policies and Multiculturalism 3 65
Global Perspectives 3 71
Summa巧r 372
Key Terms 3 73
Discussion Questions 3 73
For Further Reading 3 74
Notes 374

CHAPTER 15 The Future of Diversity and Multiculturalism in

Criminal Justice: Strategies for Success 377
Forecasting the Future 3 78
Forecasting Multiculturalism in the Criminal Justice System 3 79
Critical Issues Affecting Multiculturalism and Criminal Justice 382
Racial and Ethnic Profiling 382
Hate Crimes 3 8 3
Immigration 3 8 4
Globalism and International Crime 3 8 6
Progress? 389
Summaηr 392
Key Terms 39 3
Discussion Questions 3 93
For Further Reading 394
Notes 394

GLOSSARY 397
CREDITS 409
INDEX 411
 PREFACE

T he creation 叫s work stemmed from the ab … of a thorough work on diversity,

multiculturalism, crime, and justice. Many developments and incidents in relation to
the topics have prompted us to develop a book that comprehensively addresses the issues
in a reader－台iendly manner. Consider, for instance, the incidents and developments in
the last several years, and how justice-based practices have impacted police-community
relations and perceptions of justice. Some of these events are startling reminders of the
fragility of human life and the delicate nature of the relationships we form with others.
In thinking about these issues, which are discussed in each chapter, we note that there is
increasingly more evidence and research being done on the disproportionality within the
justice process and why it occurs. Unfortunately, much of the evidence is mixed or incon-
clusive and the answers to why discrimination occurs, and how it impacts our society,
continue to elude researchers, policy makers, and practitioners. Questions still remain
about whether the system is biased against minorities, whether offenders tend to come
primarily from minority groups, or whether they are so heavily represented in crime sta-
tistics due to greater attention given to certain neighborhoods by the police, which leads
to more arrests.
We hope that this text contributes to the multiculturalism narrative, particularly as it
relates to crime and justice. The significance of this book is evidenced by events such as the
recent episodes of White officers shooting Black men, and the subsequent backlashes, in-
cluding the killing of police officers, some of whom, ironically, were protecting protestors
at a demonstration against the excessive use of force by police officers. Other events, such
as the debate about whether transgender people should be allowed to use the bathroom of
their choice, have also had an impact on public policy and the public’s perception of race,
gender, discrimination, and other issues. Race, ethnicity, crime, and discrimination were
also central topics of discussion in one of the most sensational presidential campaigns in
recent memory, with two controversial and polarizing candidates, along with allegations
of impropriety and insensitivity launched at each party and candidate by both sides. All of
these events shape and define this country’s understanding of diversity and multicultural-
ism and their economic, social, and political impacts on its members.
XX PREFACE

This book focuses on marginalized groups and expands understanding of multicul-

turalism to the entire criminal justice field. Particularly, the work addresses how different
groups are impacted by law enforcement, the courts, and correctional agencies, includ-
ing discussion of the unique problems and issues each group faces. Most significant for
this book is coverage of how multiculturalism affects officials within the criminal justice
system. Thus, the chapters include coverage of the unique problems members of minority
groups face as individuals who work within the system.
The book provides a comprehensive view of multiculturalism as well as the problems
stemming from it in relation to all dimensions of the system. It is a valuable tool for pro-
fessors teaching a wide array of courses, but even those who strictly use it for courses on
diversity and multiculturalism will find it a compelling and comprehensive resource for
their students. Perhaps equally important, the book, while empirically accurate and bal-
anced in its presentation of various issues, is written in a style that is easy for students to
understand, and instructors will find it helpful for generating classroom discussion.
Within the discussion of the experiences of the various groups, some of the most con-
troversial and celebrated topics within criminal justice are explored. Examples include the
impact of police shootings upon minority communities, disparities in sentencing for Afri-
can Americans, drug trafficking and Hispanics, hate crimes against gays and lesbians, and
gang problems and human trafficking among Asian Americans. In addition, attention is
given to the cultural and social biases found in the processing of offenders, as well as the
host of internal problems faced by different employees within the criminal justice system.
The book is divided into three logically organized parts that would likely be the outline
for a course on this topic. Part I of the book deals with developing an understanding of
the difficulty in defining multiculturalism, race, and ethnicity. These topics are critical to
laying the foundation of the problems various groups face in American society. There is
also discussion of the structure and process of group dynamics, the various ways people
communicate and develop ideas, and the ways in which this leads to a perception of diι
ferent groups and cultures. We also address how these tendencies translate into problems
for disenfranchised groups.
Part II of the book addresses cultural specifics in the criminal justice system. It consists
of several chapters that include a description of cultural groups that are most likely to ex-
perience problems within the criminal justice system. These include African Americans,
Hispanic/Latinos, Asian American, Native Americans, women, the LGBT community,
the elderly, and juveniles. The problems each group experience are discussed in each of
these chapters, for instance as they relate to profiling, sentencing disparities, jurisdictional
issues, child trafficking, misuse of powers, hate crimes, health concerns (e.g., for elderly
inmates), sexual harassment, and immigration issues.
Part III of the book addresses the means by which multiculturalism affects criminal
justice personnel in particular and the system as a whole, preparing for and addressing
multiculturalism through policies and training, and the future of multiculturalism in the
criminal justice system. With chapters on police, courts, and corrections, the book ad-
dresses key components of problems internal to the criminal justice system. This is true
not only of the particular problems certain groups might face, but also how and in what
 Preface XXI

ways do criminal justice personnel interact with other cultural groups. In this section we
also address responses to diversity and multiculturalism with particular concern for train-
ing and policies. A final chapter offers a look to the futurεof multiculturalism, crime, and
criminal justice, which provides a suitable concluding chapter of the book.
Throughout the book, a comprehensive assessment of the issues and problems for each
group or topic are presented, with an eye toward a balanced description of the matεrial.
This approach is useful for instructors who wish to explore individual topics in morεdepth
and genεrate lively discussion. Thus, rather than simply being an historical account of each
group or simply a collection of characteristics of them, the problems and issues come alive
in the context of a discussion, which allows students to grasp the underlying factors that
contribute to the problems.
The book has many strengths not found in similar works focused on multiculturalism,
diversity, and criminal justice. To begin, it offers a thorough grounding in the foundational
chapters about the nature of social interaction, group dynamics, and communication. This
foundation provides context for the remaining chapters, which focus on a variety of differ-
ent groups and their involvement in crime and the criminal justice system. Second, care-
fully constructed boxed inserts conveying important issues and incidents alert students to
how these themes recur. These boxed inserts provide short examples of the issues in the
chapter, and are accompanied by critical thinking questions.
Further, boxed inserts of "You Make the Call'' provide examples of dilemmas as they
relate to multiculturalism. These real life scenarios challenge students to appreciate the
complexity and difficulty of decisions that are made regarding multiculturalism in the
criminal justice system. The organization of the book also sets it apart from many other
books, as it is divided into three logically organized sections. In Part 2, in particular, our
work differs from others in the sense that we devote entire chapters to particular groups
with regard to crime and criminal justice. Particularly, we focus closely on African Amer-
icans, Hispanic Americans, Asian Americans, Native Americans, women, the gay com-
munity, the elderly, and juveniles. Other books comment on these groups, however our
directed focus on each sets this work apart.
Finally, both authors have published scholarly works addressing issues pertaining to
multiculturalism and crime/justice, and are familiar with the historical and recent research
literature in the area. As such, recent, relevant research is shared throughout the text.
Each chapter has learning objectives, a list of key terms, key terms in bold type, discus-
sion questions, and suggestions for further reading. There is also a complete list of refer-
ences, a companion website that acts as a student study guide with chapter outlines, study
questions, and update featur·εs, and an instructor's guide and test bank to assist professors
in the design and implementation of the course. Also, PowerPoint slides and transparen-
cies have been developed for each chapter.
One merely needs to consider recent events around the country (perhaps most notably
in Ferguson, Baltimore, New York, and Chicago) to recognize the significance of multicul-
turalism and diversity as they relate to crime and the criminal justice system. This book
addresses these and many other issues, while enlightening readers regarding three very
important areas: diversity, multiculturalism, and criminal justice.
XXII PREFACE

Many social issues currently challenge our society, however some pose more obstacles
than others. This book covers key aspects of important contributors to many of society's
concerns, and does so in a manner that brings the issues to life. We hope you enjoy read-
ing it, and that it encourages you to give due consideration to how injustices occur, what
can be done to prevent them, and how each one of us can continue to make the world a
better place.

ACKN 。 WLEDGMENTS

A project of this magnitude cannot be accomplished without a substantial amount of as-

sistance. While authors often get all the credit, success usually comes from those behind
the scenes making things happen for them. This is true in our cases, where we had many
people picking up the slack while we were distracted and encouraging us to work harder.
From a professional standpoint, we cannot express enough gratitude to Steve Helba, La-
rissa Albright, and Frank Mortimer from Oxford University Press for their support, en-
couragement, and belief in both the project and in us. We also owe our families a debt of
gratitude for their patience and understanding while completing this project. Families of
academics often bear a considerable cost that is often overlooked and it is something we
wish to acknowledge and we would like to express our thanks for the gift of being able to
pursue our passions. We would also like to thank the following reviewers for their input:
Scott Chenault, University of Central Missouri; Addrain Conyers, Marist College; Charles
Crawford, Western Michigan University; Nicole Doctor, Ivy Tech Community College;
B. C. Franson, Southwest Minnesota State University; Robert Haywood, Ivy Tech Commu-
nity College; Kelly Howard, Kean University; Karen McElrath, Fayetteville State University;
Tim Turner, Anderson University.
 ABOUT THE AUTHORS

obert Hartmann McNamara is currently a professor of criminal justice at the Citadel. He

is the former associate provost and dean of the graduate college at the Citadel and the
former founding associate dean of evening undergraduate studies at the Citadel and found-
ing director of the 2 + 2 program in criminal justice. He is the author of twenty-five books,
including: Juvenile Delinquency: Bridgi,ng Theory to Practice; Problem Children: Special Populations
的 Delinquency; Multiculturalism in the Criminal Justice System; Homelessness in America, 3 vols.;
The Lost Population: Status Offenders 的 America; In My Father's Hands; Boundary Dwellers: The
Lives of Homeless Women in Transitional Housing; A New Look at American Society; Perspectives
on Social Problems; Understanding Contempora1γ Social Problems; Crossing the Line: Interracial
Couples in the South; Crime Displacement: The Other Side of Prevention; The Times Square Hustler:
Male Prostitution 的 New York City; Sex, Scams, and Street L伪： The Sociology of New York City's
Times Square; Beating the Odds: Crime, Poverty, and L伪 in the Inner City; Police and Policing; The
Urban Landscape: Selected Readings; and Social Gerontology. Dr. McNamara has also served as
a senior research fellow for the National Strategy Information Center, the Policy Lab, the
Police Executive Research Forum, in Washington, DC, and the Pacific Institute for Research
and Evaluation in Baltimore, Maryland.
Dr. McNamara has also published numerous articles on a variety of topics and has been
a consultant for state, federal, and private agencies on topics such as AIDS, drug abuse,
urban redevelopment, homelessness, policing, gangs, and healthcare. He also worked with
the Regional Community Policing Institute at Eastern Kentucky University to study school
safety in eight high schools across the state. He also worked with the Mexican government
and the National Strategy Information Center to develop an anti-corruption curriculum in
their public schools. In 2015, Dr. McNamara was a fellow at the American Council on Edu-
cation as part of the Emerging Leaders program, and was a fellow at the Executive Leader-
ship Academy at the American Leadership Institute in Washington, DC. He has extensive
leadership training and has worked with a number of institutions in higher education on a
variety of issues. Dr. McNamara holds a PhD in sociology from Yale University.

xx iii
xxiv ABOUT THE AUTHORS

Ronald Burns is department chair and professor of criminal justice at Texas Christian
University (TCU). He has published over seventy-five articles in areas such as multicultur-
alism in the criminal justice system, the criminal justice system, policing, and white-collar
crime. He is the author, coauthor, or editor of eight books, including Multiculturalism in the
Criminal Justice System; Environmental Law, Crime and Justice (2nd edition); Federal Law En-
forcement; Policing: A Modular Approach; Critical Issues in Criminal Justice; The Criminal Justice
System; Environmental Crime: A Sourcebook, and Policing and Violence. Dr. Burns graduated
from Florida State University in 1997 and has been at TCU ever since.
 PART I

AN INTR 。 DUCTI 。 N T
U LTICU LTU RALi
 CHAPTER 1

INTRODUCTION

CHAPTE R 。 BJECTIVES

After reading this chapter, you should be able to:

• Define the issues surrounding race and ethnicity in the United States
• Define concepts such as race, ethnicity, minority groups, multiculturalism, prejudice,
and discrimination as they are used in the social science literature
• Contrast the debate of whether or not multiculturalism is a valuable idea in American
society
• Understand how race and ethnicity play a role in the criminal justice system

• In February 2015, at the University of Missouri, in response to the way the president
addressed matters relating to race and discrimination against students, a graduate stu-
dent went on a hunger strike and at least thirty Black football players refused to play
for the team unless the president resigned or was fired. A few days later, President Tom
Wolf stepped down.
• In June 2015, in Charleston, South Carolina, Dylann Roof, a twenty-one-year-old stu-
dent, entered the Emanuel African Methodist Episcopal Church and opened fire on a
group of parishioners who were part of a Bible study group. He killed nine people and
injured several others. Roof allegedly singled out victims 飞ecause of their race and in
order to interfere with their exercise of their religion."
• In July 2014, Aniya "Ray Ray" Parker, a transgender woman of color was shot in the
head and killed as she was fleeing from three men who had confronted her on a side-
walk in Hollywood. Los Angeles Police Department officers immediately told news
reporters at the scene that this tragic incident appeared to be a 气obbery gone bad."
Within hours, local media ran headlines of a transgender person killed in a "botched
robbery. ” The police, they reported, were not considering this a hate crime but simply
a random "robbery gone sideways. ”

3
4 AN I NT R ODUCTION TO M UL TICULT URALISM

• In July 2016, Alton Sterling, a Black man, was shot and killed during an altercation with
Baton Rouge police officers. Protesters took to the streets nationwide after video sur-
faced of his fatal encounter. The next day a video of the fatal police shooting of another
Black man in Minnesota, Philando Castile, went viral.
• Also in July 2016, three police officers were killed and three other were wounded in an
ambush in Baton Rouge, Louisiana, by a former marine who was angry with the police
for the recent shooting of Sterling and Castile.
• In Dallas, Texas, five police officers were killed in an ambush by a gunman with al-
leged ties to the Black Lives Matter movement. Like the situation in Baton Rouge, these
officers were killed in response to incidents involving officer shootings of Black men
around the country.
Incidents such as these suggest that the United States has a long history of tension between
different groups, particularly as they relate to race, ethnicity, sexual orientation, and re-
ligion. While many refer to America as a melting pot, or a society that blends together a
variety of backgrounds and cultures into a cohesive whole, this is actually a misnomer.
While there is a great deal of diversity in the United States, there is also considerable inter-
group conflict. According to the U.S. Census Bureau, there are approximately 322 million
people living in America, many of whom come from a host of different backgrounds.1
This diversity is one of the defining features of American culture, and, at the same time,
presents one of its more difficult and enduring problems.
On one hand, living in a society where everyone is the same has advantages. For in-
stance, in small homogeneous societies, people tend to know each other more intimatel弘
they tend to see the world the same wa弘 making disagreements less common, and the
sense of conformity and treatment of others is more equitable. People in societies such as
this tend to be figuratively "on the same page" with regard to social life. People also feel
more connected to the larger society.
The downside to living in such a place, however, is that change happens slowly,
if at all.

Life in small towns can be characterized as having a strong sense of social

cohesion and collective conscience.
 Introduction 5

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？、

As life becomes more diverse, such as in major cities, there are different
ideas about what is appropriate and acceptable. This can sometimes lead to
disagreements about elements of social life.

Additionally, people can be too intimately involved in each other’s day to day lives,
making privacy difficult. Ask anyone who lives in a small town: one of the things they
like the most, and, at the same time, the least, about living there is that they are known by
most people. In general, social control is easier to achieve in small towns because there is
general agreement about what is right or wrong, good or bad, legal or illegal. It is what so-
ciologist 显mile Durkheim called the collective conscience. 2 In other words, the morality
of a society is stronger because there is greater consensus on the meaning and importance
of social life.
In contrast, in heterogeneous societies, people come from a wide range of backgrounds
and experiences. They may come from other countries, participate in cultures with differ-
ent attitudes, values, norms, and belief systems, and there tends to be a lower degree of
consensus on how people should meet their social responsibilities. In other words, the
people living in diverse societies tend to have different ideas about how the world works as
well as their place in it. In Durkheim’s terms, the collective conscience tends to be weaker
since there is a lack of consensus as well as a generally lower degree of connectedness to
the larger group. 3
This also means that people tend to think of social relationships in a different way.
Instead of building trust and intimacy, people tend to interact based on what the people
around them can offer in meeting their individual needs. It is this distinction that sur-
rounds much of the efforts relating to community policing. How does the government or
the police department generate a sense of community in places where little collective con-
science exists? How can police officers bring people together in a neighborhood to solve
problems in the spirit of cooperation?
6 AN I NTRODUCTION TO MULTICULTURALISM

Living in a diverse society also means that some groups are going to acquire more
economic, social, and political power than others. In fact, that is often how groups dis-
tinguish themselves: by their ownership or control of scarce resources. How does living
in a diverse society create problems for groups that do not have much power? How are
they treated? What are the consequences for being placed in a less powerful status? Much
of these discussions relate to criminal justice in that differences in crime statistics, sen-
tencing practices, the use of police discretion, and the overall treatment of minority
group members are all symptoms of larger issues. While this book does not attempt to
solve the problems of the unequal treatment of some groups, it does explore how some
groups are treated when they come to the attention of the criminal justice system. This
book also examines what it is like to be a member of a minority group and work within
the system itself.
Prior to any discussion of how some groups are treated with regard to crime and crimi-
nal justice, a number of terms must be defined. In research methodology, this is called
operationalization. In simple terms, it refers to the way concepts are defined. For exam-
ple, when people talk about minority groups, they might have different ideas about what
that really means. Some might think in terms of numerical size (e.g., the fewest number
of redheads in a group of people) or they might use political influence (e.g., they do not
have a lot of political power so they are not able to change policy or laws regulating certain
behaviors). In the next few sections, we will spend some time defining our terms to ensu陀
that readers understand what we mean by them.

RACE
Race has a variety of meanings, which can make its discussion confusing and difficult. In
fact, probably the only thing about race that is clear is that people are confused about the
proper use of the term. If one looked at the definition of race in biology textbooks, they
would likely find that race has a precise meaning. It would say something like, "a biologi-
cal race is a genetically isolated group characterized by a high degree of inbreeding that
leads to distinctive gene frequencies. This distinctiveness is made most apparent by the
presence of inherited physical characteristics that differentiate members of a group from
othersιWhat does that mean? It means that, essentially, you can see the differences be-
tween people from different races.
However, it is very difficult to consider race in a strictly biological sense. Given that
people have migrated over a wide range of geographic areas for hundreds of years, pure
genetic types have not existed for some time, if ever. Think about it for a minute. Are there
mutually exclusive races? Can you really tell where one race begins and another race ends?
If so, on what basis is that difference identified? It is not as though a person can take a
blood test to determine their race; such measures do not work with any real accuracy.
Given interbreeding of races over the sweep of history, where, for example, many African
Americans are light-skinned and a large number of Whites have African American ances-
try, is it even possible to tell where to draw the line between races?
 Introduction 7

As an illustration, several years ago,

Reverend Al Sharpton, a Black community
activist who has spent his careerεxposing
racism and the mistreatment of A丘ican
Americans, was discovered to be related
to former U.S. senator Strom Thurmond,
a conservative Republican 丘om South
Carolina who spent a good part of his
career maintaining the White-dominated
status quo in the South. 5 This ironic fa-
milial tie serves as an example of the diι
ficulty in separating races. J
Though race is not a useful biologi-
cal category, it is clear there are certain
groups with similar traits. What is impor-
tant is that race becomes significant, not
because it matters in a biological sense,
but because society has constructed it in
such a way to symbolize certain attitudes,
values, and beliefs about members who
possess those physical traits. Race matters,
in other words, because society has made
it matter. This is sometimes referred to Al Sharpton, one of the more controversial 且gures
in American society, actually has a historical linkage
as the social construction of race. Every
to a prominent and ultra conservative Southern
culture must determine which physical White family.
features are used to define membership
in certain races (Americans typically use
skin color) and also determine which attitudes and values are associated with a particular
race. Simply put, people attach significance to the concept of race and consider it a real and
important way to categorize people. As long as people believe that differences in certain
physical traits are meaningful, they will act on those beliefs, which influence how they see
and interact with others. Unfortunatel弘 in doing so, people often rely on ste陀otypes to
determine the behavior patterns of certain groups.
Another problem with using the term race is that it often suggests a type of homogene-
ity among the different races. When Americans talk about ” Blacks ” in the United States,
they typically think of African Americans, or those whose ancestry dates back to American
slaverγ. However, there are a host of differences between Jamaicans, Haitians, and even
immigrants from various parts of Africa, which have little in common with African
Americans. Similarly, another example might be to use the term "Whites" as if all are part
of the same cultural group. There are significant differences between Polish Americans and
Jewish Americans as well as Irish Americans and Italian Americans, yet we often do not see
those differences when using those labels. 6
8 AN I NT R O DU CTION T O MUL TIC UL T URALISM

ETHNICITY
In its most simplistic form, an ethnic group is a collection of individuals and organizations
identified by national origin, cultural distinctiveness, racial characteristics or religious affili-
ation. This gets a bit tricky since most textbooks define ethnicity as being a distinction based
on cultural heritage and racial groups based on physical features. However, because of the
problems and disagreement on its scientific validity, many social scientists have avoided using
the term "race" and instead use "ethnic group" to describe those groups commonly defined as
racial. In the United States, African Americans, Chinese Americans, and Native Americans all
have the elements of ethnic groups: a unique culture and in some cases even physical territory.
But at the same time most members of these groups are physically differently from Americans
of European origin. Calling these groups ethnic seems reasonable because there are always
consistent and significant cultural traits that set them apart from other groups.7

Ml N 。 RITY G R 。 U PS
This seems simple enough, right? The group with the fewest members. But minority status
is not necessarily the result of being outnumbered. In the social sciences, a minority group
is defined as a subordinate group whose members have significantly less control or power
over their own lives than the members of the dominant group. While numerical size may
be important and related, the issue is really one of power. 8
In one sense, the idea of minority groups seems fair to people. After all, this is a de-
mocracy and the majority rules. The subordination of a minority, however, is more than its
inability to rule over society. A member of a minority group experiences fewer opportuni-
ties for education, wealth, and success that go beyond any personal shortcoming they may
have. In other words a minority group does not share in proportion to its numbers what a
given society defines as valuable. 9
Moreover, being numerically superior does not guarantee power, control over its des-
tin弘 or majority status. For example, think of the Republic of South Africa during the
apartheid regime. During that era, the majority of people in South Africa were Black, but
under the apartheid system of government, Blacks did not have any significant control
over their lives. In terms of making sense of minority groups, the following are important
characteristics to consider.

DISTINGUISHING PHYSICAL OR CULTURAL TRAITS

Each society has its own arbitrary standard for determining which characteristics are most
important in determining if a person belongs to a minority group. Examples might include
skin color (as in the case of African Americans in the United State吵 or fluency in a certain
language (as in the case of Hispanics/ Latinos).

UNEQUAL TREATMENT BY THOSE IN POWER

As mentioned, minorities experience unequal treatment and have less power over their
lives than members of a dominant group. Social inequality may be created or maintained
in a variety of ways including prejudice, discrimination, and/or segregation. In extreme
 Introduction 9

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During apartheid, Blacks in South Africa, who constituted a majority of the

population, had little control over their own lives.

cases, the dominant group attempts to eliminate minorities completely, what is sometimes
referred to as extermination.

INVOLUNTARY MEMBERSHIP

Membership into a minority group is not voluntary. Often this involuntary membership is
not changeable either. This is particularly true in American societ如 where skin color and
other physical features often identify a minorit予

SOLIDARITY OF MEMBERS
Perhaps due to the mistreatment or denial of equality, minority members are very con-
scious of their status. They also tend to be more sympathetic to other similarly stigma-
tized groups. This can explain some of the relationships minority groups form with
each other (e.g., women as a discriminated group and the gay community). At the same
time, minority groups can also be hostile towards each other. An example might be
some of the tension between African Americans and Hispanics, who, because of their
unequal treatment, feel a sense of competition for power, however little it might be.
Thus, there is a sense of exclusivity to most groups, but particularly those that have been
mistreated or denied equal status in society. Because of their position in society, there
is a need for affiliation.
’O AN I NTRODUCTION TO MULTICULTURALISM

In prisons for example, inmates often segregate themselves by ethnicity. For example,
let’s say that a White male inmate is new to the prison but does not wish to join the Aryan
Brotherhood gang (the noted White supremacist prison gang), preferring to remain on his
own. The norm of gang solidarity is so strong that members from every gang in the prison
will attempt to victimize that inmate until he makes the decision to join a particular gang.
If the inmate does join the Aryan Brotherhood, his contact with African American or His-
panic gangs will be limited because they are perceived as a threat to him. However, all gang
members in the prison, regardless of race, generally oppose the correctional staff and the
administration. In this example, being a member of a group not only increases the cohe-
sion between members and demonstrates the tension between the groups, it also identifies
the commonality of the groups as they come together against a common adversary.

IN-GROUP MARRIAGE

As a general rule, most people marry people a lot like themselves in terms of religious back-
ground, educational levels, occupational levels, and ethnicity. A member of a dominant
group is often unwilling to join a supposedly inferior minority by marrying one of its mem-
bers. Moreover, the group’s sense of solidarity encourages marriages within the group and
discourages out-group marriages.10 This is why for so many years interracial marriage, par-
ticularly when Blacks married Whites, was considered unacceptable to many Americans.11
This has since changed and interracial marriage is far more common today than in the past,
but at one time there were laws that prohibited Blacks from marrying Whites.12

TYPES 。 F Ml N 。 R ITV G R 。 U PS
In making the distinction between different types of minority groups, there is an im-
mediate problem: what are the boundaries between the criteria? While race as a concept
is defined by the physical distinctions between one group of people and another, there
are instances where physical features are insufficient. For example, Hispanics/Latinos
have some clearly defined physical features, but they are generally considered an ethnic
group rather than a racial one. Similarly, Jews would normally be categorized as a religious
group, but because their culture is such an essential component to their identity, experts
tend to classify them as an ethnic grot早 This is why, as mentioned earlier, using the term
ethnicity seems more reasonable. However, the thing to remember is that this distinction
is used as a general way of categorizing minorities and should not be taken as definitive
and complete.

RACIAL GROUPS

This term is reserved for those minorities who are classified according to obvious physical
differences. The crucial words are obvious and physical. What is obvious? Hair color? Ear-
lobe shape? As mentioned, each society defines that which is considered obvious. In the
United States, skin color is perhaps the main characteristic in determining the difference
between one race and another. In the United States, minority races include Blacks, Native
Americans, and Asian Americans.
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