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Cultural Issues

Cultural Issues. IN ELDER ABUSE PROSECUTION NYC Elder Abuse Training Project. What is culture?. Concepts of a given group who share: Ideas Customs Skills Arts Language Ethnic origins . Cultural values. Cultural values represent strengths in families

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Cultural Issues

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  1. Cultural Issues IN ELDER ABUSE PROSECUTION NYC Elder Abuse Training Project

  2. What is culture? • Concepts of a given group who share: • Ideas • Customs • Skills • Arts • Language • Ethnic origins

  3. Cultural values • Cultural values represent • strengths in families • source of strengths for individuals

  4. Nine categories of culture • Language • Patterns of thought • Beliefs • Stereotypes • Attitudes

  5. Four categories of culturethat relate to prosecution • Values • Norms • Folkways • Mores

  6. Values • Shared principles, goals or standards • Includes notions of right and wrong

  7. Norms • Prescribed appropriate behavior • What members of a culture can and cannot do

  8. Folkways • Ways of thinking or acting • If negative, enforced informally, regarded as merely disgusting

  9. Mores • Folkways that are • Considered conducive to the welfare of a culture • Considered to be vital • Enforceable by penalties • Codified by law (e.g., murder, incest)

  10. Mainstream culture • Also known as dominant culture • Has same nine categories of culture • 75% of US population

  11. How to join mainstream? • Some immigrants arrive in mainstream • Others assimilate • May take generations (some are blocked) • Begin with bi-cultural competence (language and workplace skills) • Attain full political and marital participation

  12. What is an ethnic group? • People who identify as a people • Share commonalities, e.g.: • History and identity • Language • National background • Religion

  13. US is ethnically diverse • Four principal ethnic minority groups: Latino African American Native American Asian/Pacific Islander • Total now about 30% • Projected to reach 47% by 2050 • Diversity increasing within groups

  14. Why culture important in prosecution • Shapes family roles, responsibility, distribution of resources • Influences decision making and coping • Determines if families seek outside help

  15. Cultural factors may inhibit reporting • Concepts and definitions • Suffering • Shame • Distrust • Special fears of some immigrants

  16. Concepts and definitions • Elder abuse remains ill-defined • May not see emotional abuse if routine yelling & shouting is culturally normal • Difficult to conceive of financial exploitation if family shares all assets

  17. Suffering • Some groups value perseverance, silent suffering, quiet endurance • May not see themselves as victims

  18. Shame • Fear social consequence of bringing shame • Shame should stay in the family • Laws and customs in some countries forbid intervention in family affairs

  19. Distrust of authority • Authorities in some countries are invasive • Secret police • Spying • Encroachments on individual rights

  20. Fears of some immigrants • Don’t know they have rights here • Fear deportation if authorities involved • Come from countries where courts punitive

  21. Filial roles vary • Some cultures expect daughters to care for elders • Some promote women’s careers, shift caregiving responsibility to men • Some elders retain control until they die • Some relinquish control in exchange for care

  22. Culturally competent communications • Congruent with expected behavior that each cultural group recognizes as appropriate • Key to successful investigation and prosecution

  23. Tips for sensitive approach • Address as Mr/Mrs/Ms Lastname • Be alert and cautious; in some cultures, women may initiate handshakes with men • Be conscious of your body language • If client is seated, ask permission to sit • Sit upright at a distance

  24. . . . More tips • Consider averted eye contact to be a sign of respect • In many cultures, eye contact with authorities is discouraged • Begin with indirect, open-ended questions • (e.g., questions that don’t require a “yes” or “no answer)

  25. . . . More tips • Maintain the victim’s dignity • Avoid • speech patterns from the victim’s culture in an effort to fit in • American slang expressions • Maintain your dignity and victim’s dignity

  26. Language • Language can be a barrier because: • Many don’t speak English • Use an impartial translator • Never use a family member, friend or neighbor to translate • Use telephonic translation services • Ask interpreter to strictly translate what you ask

  27. Other tips • Touching • Gentle touches to some are okay • Touching to some an intrusion • Some won’t reveal injuries under clothing due to cultural customs of modesty or religious beliefs • Present prosecutorial options impartially; • Some victims may choose your favored options to gain your respect

  28. Ethical considerations • Cultural factors increase prosecutorial challenges • Dealing with recanting or reluctant witnesses • Should a person be compelled to testify? • What did an earlier statement mean? • Are extensive witness supports needed at trial?

  29. Summary • Prosecutors are likely to handle cases with ethnic minority victims/witnesses • Be aware of your own cultural traits • Cultural factors are not automatic predictors • Each case is unique • Assess with relevant cultural aspects in mind

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