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 source of strengths for individuals
Nine categories of culture Language Patterns of thought Beliefs Stereotypes Attitudes
Four categories of culturethat relate to prosecution Values Norms Folkways Mores
Values Shared principles, goals or standards Includes notions of right and wrong
Norms Prescribed appropriate behavior
What members of a culture can and cannot do
Folkways Ways of thinking or acting If negative, enforced informally, regarded as
merely disgusting
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)
Mainstream culture Also known as dominant culture Has same nine categories of culture 75% of US population
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
What is an ethnic group? People who identify as a people Share commonalities, e.g.:
History and identity Language National background Religion
US is ethnically diverse Four principal ethnic minority groups:
LatinoAfrican AmericanNative AmericanAsian/Pacific Islander
Total now about 30% Projected to reach 47% by 2050 Diversity increasing within groups
Why culture important in prosecution Shapes family roles, responsibility,
distribution of resources Influences decision making and coping Determines if families seek outside help
Cultural factors may inhibit reporting Concepts and definitions Suffering Shame Distrust Special fears of some immigrants
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
Suffering Some groups value perseverance, silent
suffering, quiet endurance May not see themselves as victims
Shame Fear social consequence of bringing shame Shame should stay in the family Laws and customs in some countries forbid
intervention in family affairs
Distrust of authority Authorities in some countries are invasive
Secret police Spying Encroachments on individual rights
Fears of some immigrants Don’t know they have rights here Fear deportation if authorities involved Come from countries where courts punitive
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
Culturally competent communications Congruent with expected behavior that each
cultural group recognizes as appropriate Key to successful investigation and
prosecution
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
. . . 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)
. . . 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
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
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
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?
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