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1997-98 Academy Text Supplement

Chapter 12

Multi-Cultural Issues

OVC Emphasizes States' Use of Increased 1997 VOCA Funding

to Serve Diverse Victim Populations

With the significant increase in VOCA collections in 1996, the Office for Victims of Crime (OVC) strongly encouraged states to provide outreach, identification, and services to crime victims beyond the original priority categories. OVC asked states to aggressively and proactively reach out to underserved crime victims through conducting needs assessments, statewide surveys, focus group meetings, targeted meetings with organizations that represent underserved populations, and through other avenues that help identify gaps in services for victim population groups. OVC requested that states should not only fund existing services that reach out to underserved victims, but also fund the development of new services in areas where crime victims have had no access to victim assistance.

In addition, in 1997 revisions to the VOCA Victim Assistance Guidelines, OVC clarified the definition of underserved crime victims. States are now encouraged to identify gaps in available services, not just by the types of crimes committed, but also by victims' demographic characteristics. Previous Guidelines asked administrators only to examine whether services are available and adequate to serve the needs of certain types of victims according to the type of crime they experienced. The 1997 Guidelines state the following:

• "These underserved victims of either adult or juvenile offenders may include, but are not limited to, victims of federal crimes; survivors of homicide victims; or victims of assault, robbery, gang violence, hate and bias crimes, intoxicated drivers, bank robbery, economic exploitation and fraud, and elder abuse."

• For example, in a given state, underserved victims may be best defined according to their status as senior citizens, non-English speaking residents, persons with disabilities, members of racial or ethnic minorities, or by virtue of the fact that they are residents of rural or remote areas, or inner cities."

(Excerpted from the 1997 Final Guidelines for VOCA Victim Assistance Grants, Office for Victims of Crime.)

Numerous states have conducted public hearings, created Task Forces, and conducted needs assessments to identify the underserved.

Improving the Justice System's Response

to Racial and Ethnic Diversity

In March 1994, the American Bar Association, in cooperation with the National Bar Association, the Native American Bar Association, the National Asian Pacific American Bar Association, and the Hispanic National Bar Association, convened a landmark summit to explore racial and ethic bias in the American justice system. As a result, the State Justice Institute funded the First National Conference on Eliminating Racial and Ethnic Bias in the Courts in March of 1995. For the first time in the history of state courts, more than 425 justices, judges, court administrators, judicial educators, attorneys, and court users gathered to discuss strategies to eliminate racial and ethnic bias in the courts.

Several themes in addressing diversity issues emerged from the conference that are applicable to the entire justice system, victim service providers and allied professionals. These include:

• Staying vigilant against bias through continuous self-examination of court operations.

• Conducting a reassessment of mechanisms for addressing the perception of, and the existence of, biased behaviors on the part of judicial and non-judicial staff.

• Managing court interpretation problems which equates to fairness and equal access to justice for non-English speakers.

• Protecting the rights of American Indians as sovereign nations and culturally distinct peoples who are guaranteed unique parental rights under the Child Welfare Act.
• Mentoring persons of color to judicial service on the bench.

A significant outcome of the 1995 conference was the support by the U.S. Department of Justice of the report described below.

A Total Approach to Diversity

In 1997, the National Center for State Courts, with support from the U.S. Department of Justice Bureau of Justice Assistance published a comprehensive manual entitled A Total Approach to Diversity: An Assessment and Curriculum for State Courts. The manual is the first of a series of five model guides entitled Access to Justice for Persons of Color: Selected Guides and Programs for Improving Court Performance. The model guides are designed to address cultural diversity issues through the following titles:

• Model Guide 1: A Total Approach to Diversity: An Assessment and Curriculum Guide for State Courts

• Model Guide 2: Bias in the Court: Focusing on the Behavior of Judges, Lawyers, and Court Staff in Court Interactions

• Model Guide 3: Managing Language Problems: A Court Interpreting Education Program for Judges, Lawyers, and Court Managers

• Model Guide 4: The Indian Child Welfare Act: A Cultural and Legal Education Program

• Model Guide 5: Judicial Mentoring: Starting, Organizing, and Sustaining a Program for Mentoring Persons of Color to the Bench

The series of guides offers comprehensive training curricula on diversity issues. However, importantly, they go a step further by acknowledging that training alone is not enough to meet the challenge of committing to the "totality" of diversity within the justice system. For example, the justice system is encouraged to go beyond training on diversity issues by:

• Critically assessing their court's work environment, including its standards, policies, and practices.

• Adopting clear and explicit policies against discrimination in employment practices.
• Proactively complying with equal opportunity employment mandates.

• Utilizing formal and informal procedures for addressing problems with bias and harassment in the work environment.

(Glover, D. & and Richardson, J. (1997). A Total Approach to Diversity: An Assessment and Curriculum Guide for State Courts. Williamsburg, VA: National Center for State Courts.)

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