Cultural Competence Paper

CULTURAL COMPETENCE AND CRIMINAL JUSTICE
Name
Institution
Abstract
In an increasingly racially diverse society, every individual in the criminal justice field should be able to interact and serve anyone regardless of race, culture or ethnicity. Furthermore, every department in this area should be able to carry out cultural competence assessment to identify real or theoretical cultural misunderstandings and offenses. However, recent incidents in the United States, such as the alleged racial discrimination by a white male officers have shed light on the deep mistrust and racial bigotry in the criminal justice field. Furthermore, the legal system has been accused of failing to ensure racial diversity and cultural sensitivity.With the system being accused of delaying in conducting diversity assessment, this research hopes to establish the various definitions of cultural competence, the values of cultural competence in the criminal justice field and the elements that should be included in a cultural competence assessment of a criminal justice agency. Finally, the study will establish the recommended ways in which a criminal justice agency might implement a cultural competence assessment.

What is cultural competence?
There are various interpretations of the term cultural competence, with each field providing an explanation that suits its particular situation. For instance, according to the American Bar Association, cultural competence is “Cultural competence occurs when individuals use awareness, knowledge, and understanding to value cultural diversity and promote fairness, justice, and community confidence.

In an organizational or systemic context, cultural competence can be understood as ‘managing diversity in ways that create a climate in which the potential advantages of diversity for organizational or group performance are maximized, while the potential disadvantages are minimized” (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012).
Furthermore, the ABA outlines various responsibilities of workers in the criminal justice area that help give further meaning to the statement above. Since the legal professions, and the people it serves, are a representation a microcosm of the greater society, the profession should act as a beacon for promoting fairness and civil rights. With the Constitution as its guide, the legal system should bring down the barriers to inclusion of all persons, regardless of racial and ethnic factors (Hanser & Gomila, 2015).
Values of cultural diversity in the criminal justice field
Research has indicated that if senior leaders in the legal system commit to addressing diversity as an urgent matter in the area, they will be successful in enjoying the values derived from a diverse system. However, experts have cautioned that this requires actual work than merely stating intentions to combat bigotry and prejudice then reverting to the routine. The leaders should ensure that diversity is institutionalized by removing any barriers to inclusiveness in the legal system (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012). The following are various benefits that may be earned by promoting cultural competence, diversity, and inclusion:
Increased Recruitment of various ethnicities
By clearing any diversity-related issues and encouraging inclusiveness, the criminal justice profession will gain by tapping into a wider pool of candidates. By accurately positioning the vital components and values in its recruitment drives, the legal system that is seeking to be all inclusive will communicate strong diversity-related signals to potential applicants, resulting in greater diversity amongst the applicant pool.
Improved Group Processes
A diverse criminal justice system will be infinitely more creative than the current one that is dominated by one particular demographic (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012). By encouraging programs that promote communication, conflict resolution, and understanding among all employees, the justice system will stand to gain from improved team performances. The regulations and frameworks that are implemented in an inclusive justice system will focus on improving communication, conflict resolution, and encouraging cultural sensitivity among all staff and clients (Hanser & Gomila, 2015). In turn, the legal system benefits from more improved cooperation, better conflict resolution techniques, and flexibility within the members.
3. Reduced Costs
If the legal system puts in place practices that assist in the management of diversity, it may benefit may benefit from cost reduction resulting from turnover and absenteeism. For example, if programs are implemented to help individuals belonging to various groups to relate to one another they may also improve turnover by minimizing instances of isolation of diverse members. Furthermore, these practices that are associated with inclusion can assist in reducing financial costs, partly by promoting group processes.
Elements of cultural diversity
The American Bar Association lists the five vital elements in attempting to understand cultural diversity. To ensure that inclusiveness is achieved, the justice system must first ensure that employees value diversity amongst themselves and the greater public which they serve. By making sure that diversity is well propagated among itself, the criminal justice system can then encourage the general citizenry to embrace cultural diversity. Secondly, the legal field must conduct many rigorous self-assessments within its ranks that will seek to identify the various groups and individuals that work or are served by the legal system. The assessments will assist in determining different cultural issues and biases and how to resolve them before they cause harm. Furthermore, the assessments will help in determining what sort of cultural diversity training will be issued to the workforce and general public (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012).
Thirdly, the criminal justice system must manage the dynamics of difference and eliminate any current barriers to institutional diversity. Furthermore, the legal fraternity must acquire and integrate cultural knowledge about the various social demographics within the system. Moreover, the legal system must identify any cultural misunderstandings and offense being practiced in the legal institutions (Hanser & Gomila, 2015). Finally, the criminal justice field must quickly adapt to the various cultural contexts of the people working within and different cultural groups being served by these critical institutions.
Implementing a cultural competence assessment in the criminal justice field
The results of self-assessment should be quickly and adequately to encourage and build cultural integration. The aim of the self-assessment exercise is to award a score or rating neither to label individuals (Child Welfare League of America, 1993). Rather, it is hoped that it will provide an accurate portrayal of the institution current state in regards to race and ethnic relations (Hanser & Gomila, 2015). The assessment’s Results should be utilized in strategic planning for both long- and short-term objectives. Furthermore, the results should consolidate the legal system’s ability to offer culturally and linguistically competent services within the institution. The results should be disseminated within the system, from the top echelons to the clientele which is the tax paying public in this case. Furthermore, the results should note recommendations regarding various issues that are identified. (Hanser & Gomila, 2015).
The ABA has noted that these steps are vital to the self-assessment exercise as it is carried out in the criminal justice field. It is imperative upon the criminal justice’s leadership to identify and encourage the need for regular and rigorous self-assessments as an organizational goal and priority;
The first step is the identification of members from all levels of the legal system which will be leading the implementation of the assessment report. “Effective leadership usually involves relinquishing or sharing power…at many levels” (Hanser & Gomila, 2015). In this case, leaders in the legal system should allow people of all cultures and background to apply for and fill positions for which they qualify. Furthermore, the appointed leaders of the implementation exercise should adopt a shared vision that communicates the values of the self-assessment to the whole institution; its personnel, the clients, and communities served. “Sharing a view of the future represents the most important context for effecting change” (Hanser & Gomila, 2015).
After the two initial steps, the relevant authorities should allocate adequate personnel and fiscal resources to ensure that the relevant issues are addressed. For instance, the Department should allocate funds to ensure that cultural sensitivity training is appropriate. The self-assessment process significantly relies on the fair allocation of the critical personnel and fiscal resources (Hanser & Gomila, 2015). After that, the legal field should structure support for the self-assessment process by ensuring that a task force is created to guide the activity and carry out necessary supervisory duties.
Finally, the task force created will implement the recommendations of the assessment reports with regards to modifications that may need to be incorporated. Some of the institutional overhauls that may need to be done include mission, current policies, various legal structures, and procedures; staffing patterns; position descriptions and employee performance measures (Child Welfare League of America, 1993). Other important aspects that will need revision are the delivery of service to the public, outreach and dissemination programs, the cultural composition of institutional boards, legal training procedures among others. The ABA notes that “achieving cultural competence is a long-term investment that happens one step at a time and challenges are bound to occur” (Hanser & Gomila, 2015).
Advantages of intercultural communication skill in criminal justice
For a long time, officers in the criminal justice system have been accused of not adequately and clearly communicating with members of a different culture. For instance, the year 2015 was marked with numerous cases of alleged racial killings by police across America. However, the legal system should note that by engaging in transparent and two-way communication channels with every member of a multidimensional society, many benefits stand to be gained.
To achieve the confidence of the public, the various legal institutions in the country need to clearly and transparently address cultural issues within themselves. It’s only by being able to account for multiple incidents that related to diversity that these institutions could ask for the public to help fight various societal ills. For instance, law enforcement agencies should publicly denounce employees who violate cultural competence guidelines (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012). By doing so, “the legal system will be able to communicate a message of inclusiveness, and they will be able to benefit from public trust and confidence.”
Another advantage of intercultural cultural communication in the criminal justice department is the avoidance of potentially embarrassing lawsuits and petitions (Banuelos, Hernandez, Moore, Preciado & American Bar Association, 2012). By encouraging communication, members of the legal fraternity will be able to avoid making mistakes based on assumptions and ignorance. For instance, if employees are educated on labels that are regarded as hateful, they will avoid creating embarrassing situations based on their lack of proper cultural competence.
On conclusion, cultural competence in the legal field is a long process that involves all relevant stakeholders. It is only by conducting rigorous self-assessments can the field identify various cultural issues within its ranks. Furthermore, the system should be prepared to implement the reports of the assessments without fear or favor but within the constitutionally provided procedures.
References
Banuelos, B., Hernandez, E., Moore, S., Preciado, D., & American Bar Association, (2012). Embracing Diversity and Being Culturally Competent is No Longer Optional.
Child Welfare League of America. (1993). Cultural competence self-assessment instrument. Washington, DC: Child Welfare League of America.
Hanser, R. D., & Gomila, M. (2015). Multiculturalism and the criminal justice system.