Cultural Proficiency in Drug Court: Screening & Assessment (part 2)

Cultural Proficiency in Drug Court: Screening & Assessment (part 2)


SPEAKER: Thanks for joining
today’s training presentation entitled Cultural
Proficiency in Drug Court, hosted by Andrew Osborne. This presentation is the second
of a three part series entitled Screening and Assessment. Before we get started, I want
to give you a few housekeeping items and let you know how you
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added to our online video library within 24 hours. The link is stipulated below. I will now turn you
over to Andrew Osborne, who will facilitate this event. Thank you. ANDREW OSBORNE: Good
afternoon, everyone. My name is Andrew Osborne. And I’m going to be hosting
this part two of a three part webinar series entitled Cultural
Proficiency in Drug Court. Last week, we gave
you some information as to the context of
this particular webinar. This webinar is a
collaboration between Bureau of Justice Assistance,
which we will call BJA; American University,
which we shall call AU; and the National Development
Research Institute, and we shall refer to
that organization as NDRI. NDRI is a behavioral science
research and training organization. And all of us that
are within shouting distance of this webinar are
in the behavior business. We’re working with
individuals who are exhibiting risky behavior,
however we define it. And what we would like to do
is move them down the continuum toward less risky behavior. Well, having said all
of that, why do we want to integrate cultural
proficiency into the protocols of our drug court team? Well, as far as cultural
proficiency goes, we would hope to have higher
retention rates by being more culturally proficient. In other words, we’re
going to lose less people. When do most individuals decide
to drop out of the program, or split the program, or
split treatment altogether? It’s usually within
the first three months. So we need to make a
connection with them. And by being
culturally proficient, we’ll make that
connection, and outcome will be higher retention rates. As a result of that, of
having higher retention rates, we will have higher
graduation rates because we’ll have more
people available to graduate. And thirdly, it will
enhance quality assurance. As a result of this
new relationship that we have with
our participants, we will get feedback
from them as to how we can improve the
program, because one thing– participants know the
program inside out. They know the program from
a completely different angle than us professionals. And lastly, as you
see there, as a result of being more
culturally proficient, we will have lower
attrition rates. Less people will drop out
because they basically have not had their cultural
toes stepped on and they feel comfortable
staying with the program. Well, that’s all fine
and well, but how are we going to accomplish the
whys of cultural proficiency? Well, as you can see
from the first bullet, we want to do cultural
assessments, but not just on the participants,
but also on the providers. I mentioned last week that
after the third webinar session next Wednesday, we
will post some sample questions that your drug court team
can ask of the participants to get a clearer
idea of who they are. The more information we
have, the more likely it is that we can accomplish
behavioral change. So we will essentially
post that tool on our site. And also, next week is the
third and in the series of the webinars. And we will be discussing
provider assessments. You send people to a number
of different provider organizations. They may be community
based organizations. They may be mental
health programs. They may be substance
abuse programs. You would like an assessment
of how culturally proficient are your providers. So again, cultural assessment
is a two headed animal. We’re going to be
providing you with tools to assess participants’ culture
and also provider culture. Second bullet–
treatment matching. Last week, we launched a poll. And we wanted to
know how many of you have essentially one to three
mental health substance abuse providers to choose from and how
many of you have three to six. And from my memory, I
believe it was 50/50. So there are choices when
you’re doing treatment matching. We would like you
to essentially match the individual with the program
that best suits their needs. And by being
culturally proficient, we will attain that goal. Thirdly, incentives
and sanctions– every drug treatment court
has incentives and sanctions. What we would like
you to be able to do as a result of moving
toward cultural proficiency is that your incentives
and sanctions will have what I call bite to them. They will have–
there’s a whole point. And I gave you an
example last week of an incentive that was
culturally proficient, and I will mention that
particular incentive again very shortly. Positive referrals is listed
here as the fourth bullet. And with positive
referrals, we send people to a number of
provider agencies. The last thing we want to
do is make a blind referral where we don’t know what is
waiting for the participant when they get there. The more information that
we can give the participant to prepare them for the referral
that we are going to be sending them on, the more
likely it is that we’re going to have a
positive referral and that the individual
will not return to us disgruntled as a result of
the referral not working out. Because just remember, if the
referral does not work out, the participant is
going to be very reluctant to go on
any other referral that you set up for them because
they’ve had a bad experience. Next bullet, alumni feedback– well, focus groups–
this is how we’re going to attain enhanced
quality assurance. We can conduct focus
groups and get information from our alumni, from
our participants perhaps who are in the latter
phase of the program. They can give us information. We’ve been very, very successful
in conducting and facilitating these focus groups. And you just ask
them a question– how can we improve the program? When we first started to
facilitate these focus groups, we did not think
that the participants would be forthcoming
in their suggestions. But to our surprise, we
had to cut off the spigot, so to speak, because we were
overwhelmed with examples from their side of the fence as
to how the program could adjust its protocols ever so
slightly to meet their needs. The last bullet that you
see there is analyze data. This is where our
evaluators come in. We need to have our
evaluators at the beginning, at the middle, and at the end,
so that they can essentially tell us who are we
doing a good job with, who are we doing a
not so good job with, why should we continue
to refer individuals to that program and
80% of the people that we send there
don’t work out– we need to know that, and
that’s what the evaluator can share with us. So these are the
six ways, in terms of how we’re going to
attain cultural proficiency in our drug court program. Well, if we’re going to
be talking about culture, we need a definition. In our business, we call
it a training definition. I’m just going to
ask that you rent our definition for the
duration of the webinar series. This is essentially
important because we all need to be on the same page. Culture is a hot topic. Culture means different
things to different people, so the definition that we are
going to move forward with is the one that you’re seeing
on the screen right now. Culture is the things
that people historically have learned to do,
believe, value, and enjoy. It is the ideals,
beliefs, tools, customs, and institutions into which
each member of society is born. And that comes out
of an old social work book out of Columbia
University, Edgar Goldman. Now, we went through many
different definitions of culture before we
settled on this one. And just keep in mind,
we’re not overjoyed with this particular definition. We’re not doing
backflips, because we have problems with this definition. Probably the problem that
leaps off the page at you is the last word– born– because people
belong to cultures that they are not born
into by this definition. Last week, we identified
a number of different ways that people may choose
to identify culturally. They may choose to identify as
LGBT, Lesbian, Gay, Bisexual Transgender. They may choose to identify
gender-wise, race-wise, ethnicity-wise, age-wise. But you know what? People belong to
professional cultures. Those of you who are
listening to this webinar, you’re a member of a subculture
of the criminal justice system. You’re a drug
court professional. Well, you probation
officers out there, talk to probation officers
who do not work in drug court, and when you start to explain
what you do in drug court, they’ll look at you funny. They will essentially
look at you and say, well, you mean
somebody can come to court and have a dirty urine and
you don’t kick them out of the program or violate them? And you’ll say, no,
we work with them. And they will fire
back at you, what are you running over there,
a hug a thug program? What’s going on over there? That is so alien
to other programs in the criminal justice system. So people identify,
perhaps, professionally. They may say, oh, I’m
a treatment provider. I’m a therapist. I’m an outreach worker. I’m a peer educator. They may choose to
identify accordingly. We also have people
who may identify as part of a veterans culture. They’ve been in the military. And those of you who
have been in the military know that is a
culture unto itself. By our definition,
we could go so far as to say there is a
culture of poverty. Those individuals who may have
been incarcerated previously, we could say there’s
a prison culture– ideals, beliefs,
tools, customs– we might go so far as to say
there’s an immigrant culture. There’s a gang culture. There’s a sports culture. So there are many
different cultures. And we’re going to
examine some of these. And I will give you examples
essentially of how these work. Well, when we look
at individuals– now we’re looking at the
participants who are coming into drug court– one of the things
that we see constantly is the client’s culture shapes
his or her belief system about a host of
different things. This particular slide is
the slide that we left off– we ended at this
slide last week, so I want to pick
it up from here. First thing that culture
shapes the belief about is child rearing. Well, in most cultures, who
is responsible for taking care of the kids? Usually, it’s the
women, but that can be extended to the aunts. It can be extend to
the grandparents. That can be extended to
friends, schoolmates, people in the neighborhood. Well, one particular
court used information that they gathered from a
cultural proficiency training to develop an incentive that was
extremely culturally proficient around child rearing. There was a young lady in
one particular drug court. She was a single mom. Her mother was her
childcare provider. So while we sent her to a
number of different referrals, her mom took care of her child. Just remember one
thing– what research tells us is that when we
have women in our programs, when we provide childcare
services for them, they do twice as
well as the men do. So that’s a no brainer. If you have women
in your court, you need to have easy access
to childcare services. OK. Well, in this particular
young lady’s case, the court wanted to reward
her for moving from phase one to phase two. And they essentially were
able to glean a voucher to get her nails done. She was going to get a
pedicure and a manicure. But the voucher was not given
to the participant in the drug court program. The voucher was given to her mom
because the drug court wanted to send a message– we appreciate what you’re doing,
we respect what you’re doing, and we’d like you to
continue in that role. Because if mom
essentially backed out of being the childcare
provider, that young lady has to drop out of drug court. So child rearing is
something that culture shapes the belief system about. How about sexual roles? Some drug courts have a
graduation requirement that individuals either get
a GED or they get a job. However, some young ladies
may belong to a culture where they do not
value women working. We may want that young lady
to move forward and gain employment, but she’s not
getting any support at home. She’s not going to
get an individual to be her childcare provider
so she can go to work, because in her culture
women should stay at home, or women should be
barefoot and pregnant. So we move on to disclosure. Culture shapes an
individual’s belief system about who they can
disclose information to. We had a situation where a
young man, a Latino, from Oregon came up to us after a
presentation and said, now I know what happened
because in Oregon we developed a new risk
assessment instrument. And a year later, we
looked up and realized that we had lost 53% of
our Latino population. The question then
came up, was there something in the risk
assessment instrument that was producing this anomaly? There was one question– do you have family
members in the community? Now, that’s a very good question
from a probation point of view. You want to know, is the
person tied to the community? Do they have family in
the community, children in the community,
relatives in the community, that would reduce the likelihood
that they would run away? In this particular case, when
these young men were asked, do you have family
members in the community, they answered no. Fortunately, Oregon
had probation officers who knew these men
and said, listen, I know that Juan has family in
the community because he lives with his aunt and uncle,
and I was just at his house last week. When we followed up and asked
them why did you answer no, what was the answer? They did not want
to cast any light on their undocumented
family members. So as far as disclosure
is concerned, the message is do not
share information outside of the family. It’s all about
protecting the family. So you see where these
young men decided it would be better
if I got incarcerated than if I shared the information
with people outside the group. So disclosure is
impacted by culture. Adult caretaking– now, by
adult caretaking, what we mean is, who takes care of
the seniors in the family or in the community? And what we know is
that in Western culture, it’s OK to send your
parent to a nursing home. However, in other
cultures, it’s forbidden, the parent dies in
the home and that’s how it has been for generations. That’s how it’s going
to continue to be. Many of the participants
that you have in drug court right now may be the
designated adult caretaker. However, we don’t
know that because we don’t ask that question. I had a young man
as a participant in my program who was
the designated caretaker. His Aunt Doris required
dialysis three times a week. She was in a wheelchair. He had to take her on
public transportation and get there at 6
o’clock in the morning. And he did it religiously,
never missed a beat. When I heard this in
group, I was very upset, because Willie
would always give me excuses as to why he
could not essentially make the appointments
that I had set up for him. And I had to just tell
him, listen, Willie, if you can get Aunt
Doris to dialysis in a wheelchair on public
transportation at 6 o’clock in the morning
three times a week, you can make the
referrals that I set up for you, which are around
the corner from your home. Again, we only know– I only knew Willie in
a very narrow track. He was a young man who missed
appointments and gave me hot urines. That’s all I knew. Again, if I had asked
more in-depth questions, I would have known
this particular piece of information. Treatment– treatment to you
may be a whole different concept than treatment of
the participant. And I’m going to have to make
some comments now about AA. We love AA to death
in drug court. Why? It’s free, and it occupies
participants’ time, and it is a positive experience. However, years ago, I
worked for an organization that had donated the basement
to the Harlem AA group since its inception. They met every Wednesday night. Every Thursday
morning, the deacon of the church that was housing
the AA meeting would be waiting for me at my door
and saying, Osborne, you have to see what those
people did to the basement. I thought they had put their
cigarettes on the floor. I didn’t know what we
were going to find. The deacon led me
to the garbage cans. What was in the garbage cans? Liquor bottles with
liquor in them. And he says, look, this
is supposed to be AA and they’re drinking. I said, listen, I don’t
know what’s going on. I’ll track down the young
man that runs the meetings. I’ll get back to you. It took me about two weeks. I finally tracked him down. I said, listen, I’m having
problems with the church folk. They’re finding liquor in the
liquor bottles in the garbage. What can I tell them? He looked at me
like I was crazy. He said, you have to understand
our motto here at Harlem AA. I said, your motto? What’s your motto? What did he say? Fake it till you make it. Now, I had to think about
that for a long time. In the end, I liked it. I liked it conditionally
because what they’re saying– I’m going to
paraphrase what they’re saying– what they
were saying was that even if you’re still
drinking, come to the meetings because you can’t get better
not coming to the meetings. But we have one rule. You have to leave your
liquor at the door. So it was a good sign that
there was liquor in the bottles. It showed that they
just didn’t swig it down before they went
through the door and essentially started
in with the meeting. Now, that’s a great
meeting to send someone to who’s not in treatment. They’re still using. We have to start somewhere. It’s a harm reduction model. However, that’s the last
meeting you should send someone to who isn’t on
drug court program or who is in drug treatment. They don’t need to be
sitting next to someone with liquor on their breath. So I know we love AA, but just
remember all AA it’s not alike. There are AA meetings
that would never tolerate this behavior because
they’re set up differently. But what we see happening
very often in drug court, we will give individuals a
list of AA meetings and say, you are responsible for
attending a meeting, listening to the message,
and getting a sponsor. But we don’t know what
meeting they’re going to. They may be going to
exactly the wrong meeting for their particular
circumstance and their particular
place in recovery. OK. How about nutrition and diet? Well, we’re talking
about food now. Well, food is culture. Every culture has its
own specialty dish. The only thing that I would
mention or advise you drug court professionals out there
is, there something about food that reduces resistance. If you have a
[INAUDIBLE] lunch where you ask people to bring
in a dish for lunch from their culture,
people talk very freely about how the dish is
prepared, when it’s prepared, who prepares it, what
holiday is it– is it not a religious holiday? You can share a lot of
information over food. So just keep in mind
that food is culture. Well, we’ve got
nonverbal behavior in the top of the
second column there. Many of our folks
come from cultures that value nonverbal behavior. Now, that runs against
what we do in treatment. We want people to become engaged
in group, participate in group. But we may have individuals
in the group who come from a culture
where it’s not cherished. Nonverbal behavior is
held in high esteem. So we don’t want to
misread nonverbal behavior as being resistant or
as being unmotivated. We want to be able to
read the signs accurately. OK. Healing– in Western culture,
we assign certain professionals to the job of healing. We have nurses, nurses
aides, physicians assistants, nurse practitioners, doctors. We have all sorts
of specialists. But in some
cultures, healing may be assigned to a
family member who may be an herbologist,
who may be the designated person that they go to
for a particular ailment. And health care is a major
issue in this country. People do not have– many people do not
have health care, and they are very likely to
go back to their cultural– to having their
needs met culturally through cultural healing. Learning styles– we put a great
emphasis in Western culture on the written word. We give people papers to read. We give them a list
of assignments. We contract with them– well, if you do
this, this is what’s going to happen– you
signed the contract. Unbeknownst to us very often
is that while we are attempting to communicate them
through the written word, they may be
functionally illiterate. And one thing you have
to keep your eye on– our participants and
our clients in treatment are experts at fooling people
into believing that they can read when they can’t read. You will hand them
a piece of paper, they will look at it up
and down, top to bottom, but they cannot read it. You need to ensure
that the individual is able to comprehend what’s
on the written page. And you may have
to make adjustments because many of our
folks are just not capable of reading
certain documents. Discipline is also something
that is shaped by culture. And the closer individuals
are to their native culture, the harsher the discipline. Those of you who may be from
immigrant families know that your parents’ and grandparents’
form of discipline was much harsher than yours. OK. So again, discipline
is something that we may have to work
with our participants on. Punctuality– if you have
not been attending school, you have not been working,
punctuality is a problem. People just don’t seem to be
able to get places on time. It’s a skill that
you have to practice. And we don’t have a
lot of time right now, but I will just
suffice it to say that all of us who are listening
to this webinar right now were Westernized. We believe in being on time. Some of us get there early,
because we want to be on time. But many of our
participants, when they first get to us in drug court, they
believe in being in time. It’s not a matter of being
on time, it’s in time. They got there. That’s why– and again,
they’re looking at you, like, what’s the problem? I was there. I may have been late,
but I was there. So punctuality is something
that is shaped by culture. And the last thing in
that second column– music and art. Music and art are
culturally shaped. Those of you who are
working with young people know that your taste in music is
very different from their taste in music. And this is something
that many of us need a consultant to
basically guide us through, to be able to tell us what’s
going on with the music. And you have a consultant–
those of you who have kids, you have a consultant right now. I had to make an
arrangement with my son. When we ride around in a car,
what would normally happen? I would put on my music, and
he would put on his earphones. And there would be a
complete disconnect. I had to make a deal with him. I said, listen, when we
ride around in the car, we play your music. That way I can ask him questions
about, what are they saying? What does that mean? That’s how I can
get– that’s how I could get an education
in the music of an 18 to 25-year-old when I’m over 50. OK. So again, it’s going
to be different. And we may need to brush
up on our music and art to be able to appreciate
what’s going on there. OK. Let’s get to the second slide
of how culture shapes the belief system. It also shapes the belief
system about drug and alcohol. Some people belong
to cultures where being able to hold your liquor
is something that is cherished. You need to understand that. Have you ever done an intake
on a young man or a young woman who puts away two six
packs of beer a day and never thinks
of mentioning it to you when you’re
essentially doing the intake on that individual? So again, we need to examine
what’s your relationship– what’s your culture’s
relationship with drugs and alcohol? How about homosexuality? Well, let’s face it,
here in the West, we’re a little homophobic. And this can be
problematic in drug court when we send individuals
to service providers. One young man in Boston
came to us and said, I realize what happened. I said, well, what happened? Every time I send an
outwardly gay client to the Salvation Army, they
crap out of the program. They split the program. I said, well, that may be
because the Salvation Army does not cherish homosexuals. They don’t treat homosexuals– they don’t welcome them. Perhaps, they are uncomfortable
working with that population. This is a treatment
matching issue. You just need to know
who you’re sending where. We talked about employment. If your participant
is a woman, she may belong to a culture that
does not cherish women working. And what that’s
going to mean, she’s not going to get much support
in essentially going to work and having her
needs taken care of. Friendship– friendship
means different things depending upon what culture
the individual comes from. I’ll give you an example. What does friendship
mean in a gang culture? Well, what does culture
mean in a prison culture? What does friendship
mean in a gay culture? Things are different. So friendship gets redefined
depending upon what culture the individual identifies with. And just remember, they choose
what culture they basically identify with. We don’t. So that’s essentially what
we call client-centered. How about importance of
family authority figures? Many cultures revere elders. And we’ve had situations where– I used to run the day treatment
program for the New York City Department of Probation
that pretty much parallels drug court. And what would happen? They called me from
central office. They said, we have a
Japanese probation officer, Mr. Yamamoto. We’d like you to give him
a tour of the facility. I said, OK, send him up. He shows up, all
4 feet 11″ of him. He comes into my office. I look at him and I
say, Mr. Yamamoto, you’re not a probation
officer, are you? You’re a judge, right? He says, no, I’m a
probation officer. And in Japan, over half
the probation officers are senior citizens. I said, well, how
does that work? He says, well, many people
retire from one job, then they take another
job working in probation because in their culture,
elders are revered. So when the elder is
out making a home visit, everybody is there at attention,
shoes shined, hair combed, pants pressed. Why? The elder is in the home. Now, many of you are
working with individuals who are from cultures that also
hold elders in high esteem. They can be very instrumental
in seeing that that participant gets through the program. They are essentially what
I will call the junior PO. They’re going to be
with the individual much longer than
we are, so we need to work with those individuals. In Brooklyn treatment
court, there’s a young lady, Margie, who
works outside the courtroom to see who is coming
to court for who. She makes contact with the
elders who may be there, sharing with them
what she can provide, and basically
reinforcing to the elders that we want your relative
to successfully complete the program. And she gets much cooperation
from these elders. And this is a resource that
many of us are not using enough. We need to use family
members, elders, and integrate them into what
we do with our programs. Medications– health
care is an issue. Many people are using
traditional methods because they don’t
have health care. And if an individual,
as has happened to me– I had a young man, Li– he was an Asian young man
and I wanted to refer him for mental health services. Now, Paul Warren just
conducted a session on co-occurring disorders. So you’re going to be
discussing mental health issues. And in my particular
case, I wanted to refer this young man
to mental health services, and he resisted. Every time I would
set up an appointment, he had an excuse as to
why he could not make it. So I finally cornered him. I said, Li, listen,
why don’t you want to go to the mental
health referral I’m setting up for you? And his answer was
as plain as day. He says you practice
Western medicine. You cut us and drug us. It’s surgery or chemotherapy
and I don’t want to do that. I’d rather go to my Aunt
Shirley for the special tea for depression. Now, in that circumstance, I had
to allow him to play that out. I said go to Aunt Shirley,
get the special tea. But if that does not work
out, come back to me. I’ve got plan B. You
can’t just uniformly say, no, you can’t have the
traditional medication because you’re not
validating their culture. And in all
likelihood, the person is going to leave the
program because you stepped on some cultural toes. How about marriage? Second column, top–
well, with marriage, many of our individuals in drug
court may come from a culture or come from a part
of the world where they had an arranged marriage. Then they come here, they
may get married again. We very often would like to know
about the resources, the money that they essentially have. And we say, well, where
is all that money going? Are they buying drugs? What are they doing
with the money? Very often, what they’re
doing with the money is sending money home
to the first wife, to the children that
may be back home. So that is something that
pops up, particularly if you have immigrant participants. OK. Learning styles–
some people don’t respond to the written word. They respond better to verbal
prompts, visual prompts, or they do extremely
well in group or they do terrible in group. It all depends on what
their culture dictates. Death and dying– how people
observe loss is very different. A young man came to
me and said, Osborne, I can’t make that
appointment that you set up for me because I have to
go with my mom and my dad to visit my grandmother. I said OK, when you return
from that trip, come back to me and I’ll reschedule
your appointment. Well, what did I find out? I found out that his
grandmother was dead. So I made the assumption– I said, listen, you know,
when he gets back here, we’re going to
sanction him to death. He just doesn’t want to
go to the appointment that I was setting up
for him, so we’re going to have to take some action. What did I find out? Twice a year, he and
his mother and father would drive to upstate
New York, plant flowers at grandma’s grave,
sit down, and have a conversation with the elders. That’s how they observed loss. I felt very bad
because I completely misread the situation. So I don’t want you to
misread the situation. Ask questions. Language– language is culture. Now, definitely when people
speak another language, that’s their language. That’s their culture. And they are essentially
protecting it. The language helps protect
and insulate the culture. Well, we have some
people that we’re working with in drug
court who speak English, or at least so they
allege they do. They say that they
speak English, but they’re speaking
another English that perhaps we’re not familiar
with because we’re older. We’re coming from another
generation altogether. Well, if that’s the
case, participants love speaking in front
of you to their homies, so to speak, knowing that you
don’t have a clue what they’re talking about. OK. That’s language. How about domestic violence? We have many people
who come from cultures where women and children
are considered property. A man can do whatever he
wants to do with them. We may need to educate
some of our participants if they do come
from cultures where domestic violence is looked
at favorably, in some cases. How about hospitality? How about bringing
people into your home? Well, what do our probation
officers have to do? They have to make home visits. Now, an individual may
belong to a culture where they are extremely
uncomfortable with a man being alone in their house with
either their wife or daughter. So we may have to be
sensitive to those issues around hospitality
because if not, we’ll step on cultural toes and that
individual will essentially leave the program. And the last thing you see there
is the criminal justice system. Ask some cultural participants,
or some individuals, what is your take on the
criminal justice system, and it will be negative. Ask African Americans about
the criminal justice system, and they may not say
something favorable. Ask Native Americans about
the Bureau of Indian Affairs, they may not have
anything favorable to say. Ask new immigrants about the
Immigration and Naturalization Service. Again, what might they say? It breaks up families. It’s destroying culture. They may say something negative. So last two slides
were to give you a flavor for how culture
shapes belief systems. Well, one thing that we know
is that different cultures, various cultures,
diverse cultures, come together in drug court. On the left hand side of
this slide, what you can see is our skeleton
definition of culture. It’s the ideals,
beliefs, tools, customs, and institutions into
which a person is born, but we already tackled
that problem about born. On the right hand side, you see
the cultures that essentially collide in drug court. Well, you’ve got the culture
of drug abuse and addiction. When an individual first
comes to drug court, are they saying they
want to stop using drugs? No. Basically, what they’re
saying is, how can I reduce the consequences of my use? I got into a bad spot right now. Everybody’s doing it. Why are they picking on me? I don’t know, I just want to
get back into the neighborhood, get back to the
block, so I continue to do what I was doing. So that very often
is the culture of the new participant
who’s going to be coming into your court. Then we have the culture
of drug treatment. And just remember, drug
treatment is not unified. Drug treatment is
not monolithic. We have many different
modalities of treatment. We have residential. We have outpatient. We have TC,
Therapeutic Community. We have intensive outpatient. We have chemotherapy. We have methadone. So drug treatment will
not necessarily agree– all drug treatment
providers believe that their modality of
treatment is the best way. The trick for you is to make
the best possible match. So in order to do that,
you need information about the participant as well as
information about that provider or that drug treatment program. Next, you see CBOs. That stands for community
based organizations. Many individuals are
referred to these CBOs either for housing assistance,
for a job, or for a meal. So again, our CBOs need to be
assessed so that we match up the participant with the CBO
that can best meet their needs. And the last bullet that
you see there is drug court. Drug court has its own culture. And that’s the
culture of the court. And essentially, what
has to happen here– we love people to go
through our phases. We would like individuals
to move through together, but that never happens. People move at a different pace
because everybody’s different. We’re working with individuals
who are, in some cases, starting the race of life 10
yards behind the starting line or, in some cases,
10 yards ahead. So some people are going
to move through quickly, others not so quickly. So as I say, and I
said this last week, drug court is a shotgun wedding. We are bringing together
professional cultures and the cultures
of the participants that have traditionally
been adversarial. Now we need them
to work together in order to affect that
essential behavior change. So we have collisions
in drug court that we’re going to
have to navigate around. And the more culturally
proficient we are, the more likely it is that
we will be able to do that. At this point in time,
I’d like to launch a poll. Now, I’m going to put up
a very short paragraph– very short paragraph– and
what I would like you to do out there in the audience, I’d
like you to count the Fs in the paragraph– Fs like Frank or Fred. And I’m going to give you
five seconds to count the Fs. Now, this is a a
very short paragraph. So I’m going to
ask you to count. I’m going to put it
up for five seconds. And here you go. 1, 2, 3, 4, 5. OK. I’m going to close the poll. And I’m going to ask
Diane to close the poll. And is it possible, Diane,
for you to share the poll with the audience? I have one person
who has responded. I’ll give you another
10 seconds here. 5, 4, 3, 2, 1. I’m not going to– I can go back. Now, what usually
happens when we do this– I will ask people how many
individuals counted three Fs? How many counted four? How many got five? And how many had six? The correct answer
to the question is there are six Fs
in the paragraph. Most individuals count
three because I set you up in the exercise. I mentioned count the
Fs like Frank or Fred. And what that does,
it puts in your mind, oh, I’m looking for an F
at the beginning of a word. I’m looking an F that
sounds like a F, when most of the Fs that are
missed are the Fs in “of” because it’s at the end of a
word and it sounds like a V. Now, what happens on the
job is very much similar to what happened
in that exercise. We have cues. I gave you the cue– count
the Fs like Frank or Fred. What’s the cue that
you get on the job? You get the folder very often
before you see the individual or before you encounter
the individual. What happens then? You put that through your
own personal and professional filters. You say, oh, he was
charged with this, he’s been arrested
three or four times, and you start to
develop a picture as you pass this information
through your filters. And then you
develop a perception of who is going to be
standing in front of you. You then make an assumption
about that individual. And then, lastly, you
behave accordingly. Now, that may not be
necessarily correct because you did a lot of
this before you encountered the individual personally. Now we said last week, we want
to sharpen your observation skills. And by sharpening
your skills, I’d like you to look at this
particular picture which comes off of the front
page of The Village Voice magazine in New York after
the Amadou Diallo shooting. It was an unfortunate incident
where a young immigrant was essentially shot by the police. And in the Amadou
Diallo case, what happened was that The Village
Voice conducted what we call an unscientific poll, basically
asking undercover police officers, why do you
stop young black men? This is a big problem in
many of our urban areas. Well, what you see there is
a graphic illustration that basically categorizes
their responses. 20% of stops were
attributed to the individual wearing a hooded sweat top. 30% or 10% of stops were
attributed to baggy trousers. If they were wearing high top
sneakers that were unlaced, that accounted for 10% of stops. Exposed boxer shorts– the
fashion police should stop these people– 10% of stops were
attributed to that. And bandannas– now, bandannas
could be gang related, OK– and we had 20% of
stops have been attributed to the bandanna. Now, understand there’s
a big difference between undercover police
officers and drug court practitioners. Undercover police
officers have seconds to make a determination, is this
a dangerous situation or not? You folks have the
advantage of time if you’re working in
drug court because you see people over time. And we would love for you
to essentially enhance your observation
skills so you know exactly what you’re looking
at, so you read the signs accurately. My problem with this
particular visual is that on a rainy day in
Brooklyn at 6:00 o’clock in the morning, when
I’m out walking my dog, I may look like that. And the police do
roll up on me, but I have two things that perhaps
a young person doesn’t have. I have gray hair and
I have a big mouth. OK. So once the officers see
the gray hair and once I say to them, good
morning, officer. Say hi to Captain O’Hara
for me back at the precinct and tell him I’ll see him at
the community planning board meeting on Thursday. They take off. OK. They’re not looking for me. They’re looking
for somebody else. But we do not want
to misread the signs and just make a snap judgment. That’s a problem. Just can’t do that. How about this next slide? This is taken from The New
York Times Sunday edition. They did a whole expose
about talking about race. And when I look at this
particular visual, what I see is that you see two young
men, one black, one white. I was home one
Saturday vacuuming– OK, sounds real sexy, right? I was vacuuming. I have my back turned
to the television. And the announcer–
it’s a sporting event. It’s halftime. The announcer is
interviewing Jason Williams, who used to play in the
NBA as of last year. Now, Jason Williams is white. And he went to high school with
his best friend, Randy Moss. And we all know Randy Moss,
wide receiver in the NFL. Now, the announcer is
interviewing Jason Williams. My back is turned
to the television. I swear up and down that the
announcer is interviewing a black kid because Jason
Williams speaks, again, like you might suppose
a black kid would speak. He comes through
the sports genre, he comes through
the sports culture, he speaks like the
other basketball players that are around him. I started to think, what
would happen in drug court if a young man who was
white came into drug court and started to talk like
a black young man talks? Would that make a positive
impression on the judge, or would it make a negative
impression on the judge? I don’t want an answer. Think that one over. OK. This slide– we’ve got
about four minutes left. This slide was developed
by Darryl Turpin who was the director of the
Jefferson County Drug Court in Louisville, Kentucky. The judge there was
Judge Henry Weber. And what Darryl observed was
that young African-American men would come in exhibiting
the behavior that you see in the left hand column. And what Darryl
essentially did was compare that to the
perception of court staff. So you see in the
left hand column under behavior, sloppy dress. They would come in
dressed very sloppily. What’s the perception
of the drug court staff? They’re being disrespectful. That’s why they dress like that. OK. In the left, we have
questioning actions. They’re always asking questions. What’s the perception
of the court staff? Just there’s a lot of distrust. There’s a healthy paranoia. And we just want
them to ask questions because we want to
help them right now. There’s a refusal
to look in the eyes. That is picked up
as being hostile. Those of us in the
criminal justice system, we want people to
look us in the eye when we ask them a question. So we may be picking
up these signals, but we may be misreading them. And lastly, what
do we have here? What behavior is exhibited
by these young black men? Well, they’re tardy. They don’t show up. They have incomplete
task assignments. What’s the perception? They’re being resistant. There’s a lack of commitment. When, in fact, it may be
some thing else altogether. It may not be that negative. Next, nonverbal–
they don’t say much. What’s the perception
of court staff? There’s a refusal
to develop rapport. And one thing I’ll say
about all young men– I don’t care if they’re
white, black, what have you, most young men are nonverbal. You ask them, hey, how
are you doing today? They have two answers– I’m OK or I’m stressed. Ask a woman or a young lady how
she feels today, get a chair. She has a lot of different
shade on how she feels that day and it depends on a number
of different things. And lastly, you
see there, what’s the behavior of these young men? They tell a lot of war stories. What’s the perception
of court staff? It’s a defeatist attitude. We’re trying to get them
to go in another direction when, in fact, the war
stories may be something that they have to have just
to survive in the neighborhood where they live. So we just want to be able
to read the signs very, very accurately. I would like– we’ve now come
to– that’s the last slide. And I have a reminder
here from Clyde Frederick that you have questions
to be filled out at the end of the session. So I just would
like to remind you that, number one, the third
in the series of this webinar will be next week, April 13,
at 1:00 Eastern Standard Time. And I’d like to
remind you folks out there to complete the
survey, that’s how you’re going to get a certificate. And that’s your incentive. So we will see you
next week, same time, same station, Wednesday,
1:00 Eastern Standard time. Be careful out there. Bye bye.

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