Race Culture Psychology And Law

"In a diverse democracy, law must be open to all. All too often, however, our system of justice has failed to live up to our shared ideals, because it excludes individuals and communities even as they seek to use it or find themselves caught up in it. The research presented here offers hope. The abstract doctrines of the law are presented through real cases. Judges, lawyers, scholars, and concerned citizens will find much in these pages documenting the need for reform, along with the means for achieving our aspirations. The issues presented by race, ethnicity, and cultural differences are obviously central to the resolution of disputes in a nation made up of people who have in common only their faith in the great experiment of the United States Constitution. Here the challenges are met in an original, accessible, and thoughtful manner." -Frank H. Wu, Howard University, and author of Yellow: Race in America Beyond Black and White "Kim Barrett and William George have taken on an enormous task, which is matched only by its timeliness. Cultural competence and cultural diversity pass off our lips as eternally valued ideals, but Barrett and George have brought a critical and edifying eye to thee ideas. Racism is similarly easy to acknowledge but difficult to account for in the everyday lives of ordinary people of color. What we discover in this impressive volume is not only that race and culture matter, but how they matter in the minds of people who are clients and the minds of people who attempt to serve them and in the courts of law that attempt to mete out justice. Race, Culture Psychology and the Law is essential reading for anyone with a professional or personal interest in social justice and psychological well-being." -James M. Jones, Ph.D., Director, Minority Fellowship Program, American Psychological Association "This is an extraordinary and daring compilation of cutting edge commentaries that should prove invaluable to students, scholars, and practitioners working in social work, clinical and forensic psychology, juvenile justice, immigration adjustment, Native American advocacy, and child and adult abuse. It is a quality text that tackles key topics bridged by psychology and the law with clarity, succinctness, complexity, and evenhandedness." -William E. Cross, Jr., Ph.D., Graduate Center, City University of New York American ethnic and racial minority groups, immigrants, and refugees to this country are disparately impacted by the justice system of the United States. Issues such as racial profiling, disproportionate incarceration, deportation, and capital punishment all exemplify situations in which the legal system must attend to matters of race and culture in a competent and humane fashion. Race, Culture, Psychology, and Law is the only book to provide summaries and analyses of culturally competent psychological and social services encountered within the U.S. legal arena. The book is broad in scope and covers the knowledge and practice crucial in providing comprehensive services to ethnic, racial, and cultural minorities. Topics include the importance of race relations, psychological testing and evaluation, racial "profiling," disparities in death penalty conviction, immigration and domestic violence, asylum seekers, deportations and civil rights, juvenile justice, cross-cultural lawyering, and cultural competency in the administration of justice. Race, Culture, Psychology, and Law offers a compendium of knowledge, historical background, case examples, guidelines, and practice standards pertinent to professionals in the fields of psychology and law to help them recognize the importance of racial and cultural contexts of their clients. Editors Kimberly Holt Barrett and William H. George have drawn together contributing authors from a variety of academic disciplines including law, psychology, sociology, social work, and family studies. These contributors illustrate the delivery of psychological, legal, and social services to individuals and families-from racial minority, ethnic minority, immigrant, and refugee groups-who are involved in legal proceedings. Race, Culture, Psychology, and Law is a unique and timely text for undergraduate and graduate students studying psychology and law. The book is also a vital resource for a variety of professionals such as clinical psychologists, forensic psychologists, psychiatrists, counselors, social workers, and attorneys dealing with new immigrants and people from various ethnic communities.

When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.

In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School

Race, Culture and Counselling seeks to explore some of the major dimensions and subtleties underlying the issues of race and culture and how these might impact upon counselling-psychotherapeutic relationships. It contributes to the literature that urges awareness, understanding and acceptance between people of different cultural, racial and linguistic origins. The dimensions of race and culture are extremely complex and have many consequences in therapy. Wherever persons of different races and cultures come together in a counselling relationship, some of their interactions will be an unknown quanitity, each may experience discomfort and fear and the results, for both parties, might be negative. This is not a book of case studies, neither is it a cookbook manual of 'how to do it'. Rather, it articulates a range of issues that are pertinent to therapists who live and work in a multi-racial society and also addresses the challenges posed to trainers, supervisors and researchers of counselling and psychotherapy. 'Scores of mental health professionals in both Great Britain and the United States seem to be ill prepared to provide culturally appropriate counselling services to a diverse population ....This book is not only timely, but critical to the future of counselling theory and practice. It is an excellent synthesis of traditional and contemporary ideas related to issues of race and culture in counselling.' - Courtland Lee, Professor of Counsellor Education, University of Virginia, USA

A practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behaviour, defence decisions and the way expert witnesses are regarded. Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the present literature.

Current Perspectives in Forensic Psychology and Criminal Justice is a dynamic reader that provides cutting-edge research in police and correctional psychology, the psychology of crime and victimization, and psychology as applied to criminal and civil courts. Addressing key topics in each of three major course areas—criminal behavior, forensic psychology, and psychology and law—the book highlights how forensic psychology has contributed to the understanding of criminal behavior and crime prevention. Editors Curt R. Bartol and Anne M. Bartol have assembled published journal articles, as well as commentaries written specifically for this book by forensics experts, to provide an overview of the wide array of prevalent theories in this field.

Is our society color-blind? Trans-racial? Post-racial? And what—if anything—should this mean to professionals in clinical practice with diverse clients? The ambitious volume The Concept of Race and Psychotherapy probes these questions, compelling readers to look differently at their clients (and themselves), and offering a practical framework for more effective therapy. By tracing the racial “folk taxonomies” of eight cultures in the Americas and the Caribbean, the author elegantly defines race as a fluid construct, dependent on local social, political, and historical context for meaning but meaningless in the face of science. This innovative perspective informs the rest of the book, which addresses commonly held assumptions about problem behavior and the desire to change, and presents a social-science-based therapy model, applicable to a wide range of current approaches, that emphasizes both cultural patterns and client uniqueness. Among the highlights of the coverage: Common elements in therapy and healing across cultures. The psychological appeal of racial concepts despite scientific evidence to the contrary. Lessons psychology can learn from anthropology. Three types of therapeutic relationships, with strategies for working effectively in each. The phenomenon of discontinuous change in brief therapy. Solution-focused therapy from a cross-cultural perspective. Thought-provoking reading for psychologists, psychiatrists, clinical social workers, and other mental health professionals as well as graduate students in these fields, The Concept of Race and Psychotherapy affirms the individuality—and the interconnectedness—of every client.

What is multicultural psychotherapy? How do we integrate issues of gender, class and sexual orientation in multicultural psychotherapy? Race, Culture and Psychotherapy provides a thorough critical examination of contemporary multiculturalism and culturalism, including discussion of the full range of issues, debates and controversies that are emerging in the field of multicultural psychotherapy. Beginning with a general critique of race, culture and ethnicity, the book explores issues such as the notion of interiority and exteriority in psychotherapy, racism in the clinical room, race and countertransference conflicts, spirituality and traditional healing issues. Contributors from the United States, Britain and Canada draw on their professional experience to provide comprehensive and balanced coverage of the following subjects: critical perspectives in race and culture in psychotherapy governing race in the transference racism, ethnicity and countertransference intersecting gender, race, class and sexual orientation spirituality, cultural healing and psychotherapy future directions Race, Culture and Psychotherapy will be of interest not only to practicing psychotherapists, but also to students and researchers in the field of mental health and anyone interested in gaining a better understanding of psychotherapy in a multicultural society.