Bias Based Profiling and Cultural Diversity
Title: Bias Based Profiling and Cultural Diversity
Lesson Purpose: To familiarize the student with the concept of racial profiling and how cultural diversity impacts law enforcement.
Training Objectives: At the end of this block of instruction, the student will be able to achieve the following objectives in accordance with the information received in class:
1. Define Illegal Profiling/Bias-Based Profiling.
2. Describe strategies to reduce racial profiling.
3. List four key principles of effective communication used when dealing with people who have culturally different backgrounds.
4. List four methods of interaction officers can utilize with people of culturally different backgrounds.
5. List three ways being culturally aware can assist officers in improving officer survival and safety concerns.
Hours: One (1)
Instructional Method: On-line presentation
Materials Required: Computer
Pen/Pencil
Paper
Training Aids: Laptop Computer
PowerPoint Slides (14)
References: Grover, Charles F. “Biased-based Policing: An Opportunity for Trust.” The Commission for Law Enforcement Accreditation, June 2002. [On-line] Available at: http://www.calea.org/newweb/newsletter/No79/biasedbased.htm [September 2005]
Blum, John and Furgeson, George. Communication Skills For Law Enforcement Officers: Basic Law Enforcement Training Manual. Salemburg, NC: North Carolina
Justice Academy, 2001.
“Biased Based Profiling Standard Adopted” The Commission for Law Enforcement Accreditation, June 1999. [On-line] Available at: http://www.calea.org/newweb/newsletter/No76/biased_based_profiling_standard.htm [August 2005]
East Carolina University Police Department Manual of General Orders, General Order 300-03: Profiling. Greenville, NC. East Carolina University. (April 28, 2003).
Fairborn Police Department, “Bias-Based Profiling.” Fairborn, Ohio. Available at: http//ci.fairborn.oh.us/dept/pd/pd_bbp.htm [August 2005]
Prepared by: Tandy O. Dunn
East Carolina University Police Department
Date Prepared: September 2005
Title: Bias Based Profiling and Cultural Diversity
I. Introduction (10 minutes)
A. Opening Statement
NOTE: Show slide #1, “Bias Based Profiling and Cultural Diversity”
NOTE: Introduce self and give a brief background that shows your expertise in this area.
“CALEA has long held that law enforcement agencies should not condone the use of any bias based profiling as it can lead to allegations of constitutional rights violations of citizens, and undermines legitimate law enforcement efforts. Additionally, bias based profiling can alienate citizens, foster distrust of law enforcement by the community, and invite media scrutiny, legislative action, and judicial intervention.”[1]
B. Training Objectives
NOTE: Display training objectives PowerPoint slide #2, “Training Objectives”.
NOTE: Read training objectives to the class.
NOTE: Ask the students if they have any questions concerning the training objectives.
C. Reasons
NOTE: Display PowerPoint slide #3, “Vision Statement
“The East Carolina University Police Department is committed to the highest standard of courtesy and professionalism in all contacts with the public and between employees in the workplace. Bias for or against any person because of race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group or other identifiable group is prohibited. All officers and employees will avoid taking any action or using any language that could reasonably be understood to be derogatory to any such group, or reflects bias for or against any such group.”[2]
II. Body
A. Definitions
NOTE: Display PowerPoint slide #4, Illegal Profiling”.
1. Illegal Profiling/Bias-Based Profiling: Unequal treatment of any person including stopping, questioning, detention or arrest on the basis of their racial or ethnic characteristics, religion, gender, sexual orientation, or social/economic status.
NOTE: Display PowerPoint slide #5, “Articulable Suspicion”.
2. Articulable Suspicion (reasonable suspicion): More than a mere hunch. Based on a set of articulable facts and circumstances that would warrant a person of average caution in believing that an offense has been committed, is being committed, or is about to be committed by a specific person. It can be based on an officer’s observations, training and experience, or information received from credible outside sources or third parties. Police initiated action must be based on a person’s illegal behavior or on the basis of information which matches a suspect’s individual description.
NOTE: Display PowerPoint slide #6, “Probable Cause”.
3. Probable Cause: Probable cause to arrest means facts and circumstances that would lead a reasonable person to believe that an offense has been or is being committed by the person you are arresting. Probable cause to search means facts and circumstances that would lead a reasonable person to believe that a crime has been committed, and that fruits of that crime, instruments of the crime, evidence of the crime, or contraband are presently in the place that you are going to search.
B. Policing Impartially
NOTE: Display PowerPoint slide #7, “Policing Impartially”.
1. Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the U.S. Constitution. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, nonconsensual searches, and property seizures.
NOTE: Display PowerPoint slide #8, “Policing Impartially”.
2. Officers shall not consider any bias in establishing either reasonable suspicion or probable cause. Similarly, officers shall not consider race/ethnicity/human diversity in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search. Race/ethnicity can never be used as the sole basis for probable cause or reasonable suspicion.
C. Preventing Perceptions of Bias-Based Policing
NOTE: Display PowerPoint slide #9, “Preventing Perceptions”.
1. In an effort to prevent inappropriate perceptions of biased law enforcement, each officer shall do the following when conducting pedestrian and vehicle stops:
a) Be courteous and professional.
b) Introduce him or herself to the citizen (providing name and agency affiliations), and state the reason for the stop as soon as practical, unless providing this information will compromise officer or public safety. In vehicle stops, the officer shall provide this information before asking the driver for his or her license, registration and proof of insurance.
c) Ensure that the detention is no longer than necessary to take appropriate action for the known or suspected offense, and that the citizen understands the purpose of reasonable delays.
d) Answer any questions the citizen may have, including explaining options for traffic citation disposition, if relevant.
e) Provide his or her name when requested, in writing or on a business card.
f) Apologize and/or explain if he or she determines that the reasonable suspicion was unfounded (e.g., after an investigatory stop).[3]
2. Administrative Review
NOTE: Display PowerPoint slide #10, Administrative Review”.
a) All citizen complaints alleging bias in action or language must be documented and investigated promptly, thoroughly, and impartially. Appropriate disciplinary action must be taken and documented to insure future violations by the same officer or employee will not occur.
b) All supervisors must continually monitor Traffic Stop Data submitted by subordinate officers and be alert for any pattern or practices suggesting a violation of this policy. Closer supervision and counseling may be appropriate in any given case.
c) The Patrol Commander will conduct an annual review of Traffic Stop Data and citizen complaints alleging bias to determine if there is any pattern or practice in law enforcement activities by any officer suggesting a violation of this policy. Any abnormal disparities will be investigated to determine if this policy is being violated. Appropriate corrective action should be taken in any case of founded or sustained biased actions(s) or biased language.
d) Remedial training and counseling may be required of any officer or civilian employee who has engaged in conduct or used language that is reasonably interpreted as violating this policy. A serious, intentional violation of this policy will be classified as a Personal Conduct Violation and may result in suspension, demotion, or termination.[4]
NOTE: Display PowerPoint slide #11, “Responsibilities”.
D. “Cultural Awareness
The make-up of the American population is constantly changing. We must acknowledge each individual, group, and culture for its role in American society. As law enforcement officers, we must strive to recognize people’s differences and to instill a feeling of mutual respect and sensitivity to these differences.
NOTE: Display PowerPoint slide #12, “Why Talk About”.
NOTE: Display PowerPoint slide #13, “Why Talk About”.
NOTE: Display PowerPoint slide #14, “Why Talk About”.
1. Reasons to become more culturally competent and tolerant
a) Enhances officer safety by cross cultural interpretation of potentially dangerous people/situations
b) Improves law enforcement effectiveness
c) Improves community's image of law enforcement -‘Community-policing model’
d) Reduces external and internal stress
e) Uses words to persuade culturally diverse people
f) Reduces hostility and the need to use physical force options
g) Reduces liability
2. Cultural variations in personal communication
Effective communication requires a shared base of experiences and a common set of rules about the meaning of not just words, but intonation patterns, word order, volume, pauses, facial expressions, gestures, and other nonverbal considerations. Internationals who learn English words may still be operating according to the nonverbal rules of their native languages and cultures. These nonverbal rules often lead to misunderstandings and confusion.
NOTE: Display PowerPoint slide #15, “Content”.
a) Degree of directness
Even the purpose of communication is culturally defined. Americans and Northern Europeans see communication as a means of getting information across and accomplishing tasks. Much of the rest of the world sees it as a means of building relationships.
(1) In the Middle East, business is not transacted until a cup of tea is served and there is a period of inconsequential conversation.
(2) American’s “let’s get to the point” approach may be seen as rude, cold and offensive to Latin-American or Mid-Eastern individuals.
b) Appropriate subject matter
Some subjects are considered inappropriate and are not to be shared.
(1) Asians regard feelings as too private to share.
(2) Latinos generally appreciate inquiries about family members, while Arabs and Asians find this topic far too personal.
c) Facial expressions and eye contact
These behaviors are learned at an early age and are generally unconscious. This makes them major stumbling blocks in the communication process.
(1) Anglo-Americans typically look away while speaking but make eye contact when listening. African-Americans do just the opposite. The impression can be that the African-American is not paying attention while listening and/or challenging when talking.
(2) The Japanese regard direct eye contact as a sign of disrespect.
(3) As law enforcement officers, what does the lack of eye contact mean?
d) Silence
(1) The American culture generally views silence as something to be avoided. The discomfort of silence usually causes someone to jump in and start talking.
(2) In Japanese culture, silence is considered an important part of communication, a chance for serious consideration of what has been said and a gesture of respect for the speaker. Americans’ habit of finishing a person’s sentence is considered rude and even arrogant by the Japanese.
e) Touch
One of the most powerful nonverbal signals is touch, and one of the most dangerous.
(1) Devout Muslim and Orthodox Jewish men never touch a woman outside of their families, even to shake hands.
(2) A soft, warm handshake is seen as welcoming and friendly in Mexican culture; might be seen as weak and "wimpy" by American standards.
(3) A Korean store owner, feeling it rude to touch anyone they don't know, placed an African-American’s change on the counter. The customer, on the other hand, expected to have his change placed in his hand. The customer was offended at what he perceived as the Korean’s repulsion at touching him and attacked the store owner.
(4) Patting the head of a Cambodian or Buddhist can be seen as degrading to that person, regardless if that person is a child or adult.
f) Volume of speech
(1) In American culture, you should not talk too loudly or too softly, depending on the situation.
(2) Asian culture feels that to speak or laugh loudly is rude and disruptive.
g) Gestures
This is second only to touch as the area that can offend others the most.
(1) Pointing is best avoided. Asians point with entire hand, people from Hong Kong point with the middle finger, Malaysians point with the thumb.
(2) Beckoning motions which are commonly used by Americans can mean “stay away” to some Asian cultures.
(3) Signs of approval, “ok,” “thumbs up,” and “V” can be some of the most offensive to other cultures, depicting strong sexual connotations.
h) Even when individuals learn English, many of their native language rules will stay with them, influencing both how they send and receive messages.
NOTE: Display PowerPoint slide #16, “Content Structure”.
4. Officer survival and safety
As the population of our region grows, so does its diversity. With this growth comes the increased opportunity for confusion between cultures and the chance of increased animosity and violence.
a) Cross-cultural “reading”
This is the ability to interpret possible danger signs or prevent the misinterpretation of signs and is vital to the survival of officers and the safety of civilians. Asian-Americans are very indirect in their use of eye contact. During an encounter an officer could misread this and see a possible attack or that person is being disrespectful.
b) The use of certain words or the presence of an officer can offend some people. An officer is sent on a disturbance call to a Latino-American or Hispanic home. The telecommunicator advised that a female called. When the officer arrives, a male answers the door, and the officer sees a female crying behind him. Based on current trends, you would try to talk to the female first. Doing so would insult and offend the male/head of household. This action could escalate the situation.
c) Citizen complaints
Misunderstandings can cause unjustified complaints based on the way the officer interacted with people.
(1) When stopped or approached by an officer, most Asian-Americans will walk directly to the officer. To the officer, this can be construed as a threat.
(2) While investigating possible child abuse, an officer observes moderate scratches up and down a Laotian child’s back. A social worker removes the child from the home. The next morning the officer finds that the father has committed suicide. The scratches are from rubbing a silver coin on the child to cure him. The removal of the child caused the father to “lose face.” This is one of the highest forms of disrespect for many Southeast Asians.”[5]