Advocacy in the Legal System: Cultural Complexities (From Race, Culture, Psychology, & Law, P 419-443, 2005, Kimberly Holt Barrett and William H. George, eds. -- See NCJ-216932)

• NCJ Number: 216949
• Author(s): Kari A. Stephens; Sandra Ibarra; Kim Moore
• Date Published: 2005
• Length: 16 pages
• Sale Source: Sage Publications, Inc
• Publication Format: Book Chapter
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

This chapter addresses the various forms of oppression by the U.S. legal system experienced by persons with minority cultural backgrounds, and it emphasizes the importance of advocacy for such individuals as they are processed in the legal system.

Abstract

This chapter defines "advocacy" as "providing immediate emotional and physical support to an individual in crisis." In the context of the legal system, this means informing individuals about their legal rights, helping them identify problems and develop problem-solving skills, guiding them in examining alternatives, assisting them in setting realistic goals, and ensuring that they are receiving appropriate services through courts and agencies. Advocacy also involves the challenging work of attempting to change the legal system for the better. Advocates are particularly important for ethnic minorities with cultural backgrounds different from the Eurocentric legal system of the United States. Advocates familiar with the cultural background of a minority suspect/defendant/victim involved in the legal system can identify problematic areas that create confusion, frustration, stress, and a sense of oppression in him/her in the course of case processing. Although there is little research on the effectiveness of legal advocacy, the few studies that do exist show the impact that legal advocacy can have in helping minority individuals navigate the legal system. Psychological issues are often a complicating factor in many legal cases. Many courts employ the services of forensic psychological evaluators to assist in obtaining appropriate mental health evidence. Forensic psychological evaluators have unique opportunities to provide advocacy to clients; however, the issue of objectivity/neutrality often clouds their advocacy role. At a minimum, their advocacy should include ensuring that psychological evaluations take into account the influence of cultural values and conditioning on the attitudes and behaviors of ethnic-minority individuals being evaluated. 33 references