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