GRIEVANCE AND REDRESS - CHICANO ACCESS TO THE CRIMINAL JUSTICE SYSTEM

• NCJ Number: 49507
• Author(s): N L GEILHUFE
• Date Published: 1974
• Length: 12 pages
• Sale Source: Eric Document Reproduction Service
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE 73RD ANNUAL MEETING OF THE AMERICAN ANTHROPOLOGICAL ASSOCIATION, NOVEMBER 1974

Annotation

A STUDY WAS UNDERTAKEN IN SAN JOSE, CALIFORNIA TO EXAMINE THE FORMAL CRIMINAL JUSTICE SYSTEM GRIEVANCE AND REDRESS PROCEDURES AND THE INFORMAL STRATEGIES USED BY CHICANO COMMUNITY LEADERS TO EXTEND THEM.

Abstract

FOCUS WAS ON THE PROCESSES INVOLVED IN MAKING FORMAL BUREAUCRACIES MORE RESPONSIVE TO COMMUNITY EVALUATION. MOST COMPLAINTS FROM CITIZENS WERE ABOUT POLICE BRUTALITY AND EXCESSIVE USE OF FORCE DURING ARREST. FIREARMS MISUSE HAS BEEN A LOCAL ISSUE RESULTING FROM SEVERAL ACCIDENTAL OR QUESTIONABLE KILLINGS. THE PRIMARY CHANNEL FOR COMPLAINTS AGAINST INDIVIDUAL POLICE OFFICERS IS A TWO-MAN INTERNAL AFFAIRS INVESTIGATIVE UNIT WITHIN THE SAN JOSE POLICE DEPARTMENT. HOWEVER, CLAIMING THAT THEIR WORK INVOLVES CONFIDENTIAL PERSONNEL MATTERS, THE DEPARTMENT REFUSED TO RELEASE ANY INFORMATION ON HOW MANY COMPLAINTS WERE RECEIVED OR HOW MANY COMPLAINTS WERE RESOLVED. IN RESPONSE TO CONTINUING COMMUNITY PRESSURE, THE MUNICIPAL GOVERNMENT HIRED AN OMBUDSMAN TO SERVE AS AN ADVOCATE AND INVESTIGATOR FOR CITIZENS WITH GRIEVANCES AGAINST ANY CITY AGENCY. HIS EFFECTIVENESS, HOWEVER, APPEARS TO BE DOUBTFUL. ALTHOUGH SEVERAL INFORMAL CHANNELS EXISTED FOR CITIZEN GRIEVANCES, MOST GROUPS WERE ONLY ABLE TO PROVIDE MORAL SUPPORT AND SKILLS IN FILING COMPLAINTS THROUGH THE INTERNAL AFFAIRS UNIT. THE CHICANO COMMUNITY HAD THREE CHANNELS FOR MAXIMIZING THEIR INFLUENCE ON GRIEVANCE AND REDRESS PROCEDURES: STRENGTHENING EXISTING AVENUES FOR REGISTERING GRIEVANCES AND OBTAINING REDRESS; UTILIZING LEGAL STRATEGIES FOR MAKING THE AGENCIES RESPONSIVE TO COMMUNITY NEEDS THROUGH INDIVIDUAL AND CLASS ACTION LAWSUITS; AND UTILIZING POLITICAL INFLUENCE AND PRESSURE TO REDEFINE POLICE POLICIES. OF THESE, THE LAST APPEARS MOST PROMISING. GIVEN POLICE DISCRETION, FORMAL RULES AND REGULATIONS CAN USUALLY BE CIRCUMVENTED. CLASS ACTION SUITS ARE BECOMING MORE DIFFICULT TO INITIATE, AND INDIVIDUAL SUITS LACK THE SCOPE TO EFFECT INSTITUTIONAL CHANGE. CHICANO COMMUNITY LEADERS CAN UTILIZE PUBLICITY AND CAN EXERT PRESSURE ON THE CHIEF OF POLICE, WHO IS VULNERABLE TO CITY FUNDING MANIPULATIONS AND IS ALSO IN A POSITION TO INSTITUTE INTRADEPARTMENTAL POLICY CHANGES TO INCREASE COMMUNITY RESPONSIVENESS OF THE POLICE. (AUTHOR ABSTRACT MODIFIED - JAP)