Comparative Criminal Justice Systems Minorities Crime and Criminal

Comparative Criminal Justice Systems Minorities, Crime, and Criminal Justice: Spain, Britain, France, Netherlands - Europe Marshall

Spain q Population: 40 million q Member of the European Union q A democracy with a constitution (1978); constitution prohibits racial ethnic discrimination. q Two national police forces: the National Police and the Civil Guard q Mixed inquisitorial and adversarial criminal procedure q Minority Issue: Gypsies q Border Issue: Morocco – drugs and migrant labor

Gypsy and Payo Culture (Major Issues) n Culture differences n Gypsy law (oral tradition) and payo law (Spanish Law) n Police, court, and prison statistics do not report racial or ethnic variables* n Stereotype n Marginalization n Victimization * Qualitative interviews suggest that criminal justice professionals and gypsy leaders agree that gypsies are disproportionately represented in police arrests, court hearings, and prison populations.

Spain – Morocco Border

Immigration and the Spanish – Moroccan Border n Spain – Straight of Gibraltar – Morocco; a ten mile strait of confrontation (compared to the U. S. – Rio Grande – Mexico) n Spanish cities of Ceuta and Melilla on the northern Moroccan coast (fortified). The only EU country with an African border. n Smuggling Issues: Drugs and migrant labor (an entry point for migrants from Morocco, central Africa, the Philippines, and South America – Peru and Argentina). n Schengen Agreement regarding open borders within the EU has pressured Spain to enforce stricter visa policies, thus forcing more clandestine operations.

Major Issues – Immigration Spain n Disproportionate Involvement in Criminal Justice System: Legal or illegal immigrants total approximately 2% of the Spanish population. Foreigners in Spain represent approximately 8. 5% of total population arrested; 5. 5% convicted; and 16% incarcerated. n Increasing victimization: xenophobic assaults; illegal employment contracts and working conditions. n Concerns of immigrants: Marginalization, poor socioeconomic conditions, severance of social bonds, increasing hostility encountered in host country, deportation as punishment (legal or illegal immigrants).

Europe

Britain q Population: 60 million q Member of the European Union q A democracy with a constitution (1978); constitution prohibits racial ethnic discrimination. q Adversarial criminal procedure q Minority Population: Asians (Pakistani, Bangladeshi, and Indians); blacks (Caribbean or African origin); and Chinese. Historically made up of minorities from countries of the former British Empire.

Prison Statistics Britain n Black suspects and offenders appear to be disproportionately more likely to be brought into the criminal justice process and less likely to be filtered out. Asians follow a similar trend. n Asian and black offenders receive longer prison sentences (even when type of court, age of offender, and type of offence is considered). n Prison statistics (1995) show that the male prison population was 83% white; 11% black; 3% Asian; 3% Chinese/other. The female prison population was 76% white; 20% black; 1% Asian; and 4% Chinese/other.

Major Sentencing Issues Britain n Blacks are less likely to be cautioned than whites and Asians are more likely to be cautioned. n Blacks are more likely to be charged with “indictable only” offenses, i. e. , robbery. Therefore, they have a higher proportion to go to the Crown Court. n Blacks are more likely to be remanded in custody before trial. n Black people have a higher acquittal rate; however, if they are found guilty after they plead not guilty – they are liable to heavier penalties.

Britain: Victimization is disproportionate among ethnic minorities. Major Issues: q Age profile q Socioeconomic position q Geographical distribution q Racial hostility

Netherlands n Population: 16 million n Member of the European Union n Continental Welfare State: Low labor participation and high welfare dependency. n Three waves of immigrants due to decolonization, migrant workers, and refugees and asylum seekers (1950 s-1970 s). n Ethnic Minority Population (Approximately 10% of population): Surinamese (1. 7% - Dutch Guinea), Turkish (1. 6%), Moroccan (1. 3%), and Caribbean (0. 6% - Antilles), and immigrants from nonindustrialized nations and gypsies (. 9%).

Netherlands: Criminal Involvement n After 1974, ethnic backgrounds for arrest are no longer recorded. n Prison Population (1994): 50% white Dutch, 11% Surinamese, 8% Moroccan, 5% Turkish, 7% Antillian, and 5 % from various other European countries (most are legal residents). Thirteen percent are from non-European countries (Africa, Latin America, and the Middle East – illegal immigrants).

Netherlands: Organized Crime n Organized crime in the form of drug trade is ethnically controlled. n Heroin – Turks (Near East and Southeast Asia), hashish – Moroccans (North Africa and Pakistan), and cocaine – Surinamese (South America). n Due to intercontinental transportation and banking, the drug trade is organized primarily through the countries of origin. Thus, the drugs are brought into the Netherlands and subsequently, as a main port in shipping, the drugs are transported to other places in Europe and the rest of the world. The profits, in contrast to the U. S. , disappear back to the country of origin where money laundering and confiscation laws are not enforced.

Netherlands: Major Issues n Disproportionate involvement of ethnic minorities in crime. n Studies show bias and selectivity in policing. n First offenders who belong to ethnic minorities were more severely sentenced than white Dutch offenders. n Differential treatment of ethnic minorities, within the parameters of criminal procedure, is related to social and economic deprivation. n The open border policy has created more extensive policing, extradition, fining of employers of unlicensed workers, and exclusion of foreigners from public services.

France n Population: 60 million n Member of European Union n Inquisitorial criminal procedure n Two national police forces: the National Police Force and the National Gendarmerie n Minority Population (etrangers – non-French citizens living in France): Algeria, Morocco, Tunisians, Turks, Sub-Saharan Africans. n Minority Issues: “Etrangers” are overwhelmingly Muslim in contrast to the white, largely Catholic native French. Culture conflict and high unemployment – dualization of French society.

France: Criminal Justice Response n The rate of pretrial detention and provisional detention (punishment without the determination of guilt) is extremely high among etrangers. The reason: “it is indispensable for maintaining public order. ” n Etrangers are overrepresented in the prison population – approximately 30% of the total prison population. n Etrangers in general serve longer terms of incarceration.

France: Major Issues n Xenophobia and racism. n Dualization of French society – social and spatial segregation. n High unemployment, especially among etranger youth. n Transition from an industrial society to a modern postindustrial society. n Police resentment of judicial system. Police officer’s role in a dual society.

United States – Europe More Similar Than Different n Both are taking increasingly restrictive measures to deal with minorities and migrants. n Both have an increased focus on the control of immigration and cross-border crime. n Both often embrace the “minority-crime” connection. n Major difference: Most European countries object to ethnic monitoring and the systematic collection of information about nationality, citizenship, race, or ethnic background.

United States – Europe Victimization n Victimization studies show that immigrants and minorities are more likely to be victims of crime – in particular, violent crime. n Victim surveys show that criminal victimization to a large degree is intraethnic and intraracial (Exceptions include robbery in the U. S. and hate crime in both the U. S. and Europe)

United States – Europe Sentencing and Prison n In both Europe and the United States, conviction statistics show a higher representation of minorities for serious violent crime (homicide, robbery, rape) and for drug related crime. n There is a serious overrepresentation of minorities and foreigners in prison in both Europe and the U. S.

United States – Europe Major Issues for Minority Overrepresentation in Crime n Socioeconomic inequality n Deprivation (social position) n Marginality n Negative stereotyping n Disparity / Discrimination

United States – Europe Global Issues n In both Europe and the U. S. , the motives and composition of the recent immigrant population has changed. n Immigration reflects the push factors of religious and political persecution and poverty rather than the pull factor of the need for manpower. n Due to the global context of migration (motives and opportunities), the criminal involvement of first-generation immigrants is likely to increase in the near future.