Section 3.4: Assessing Cultural Competence

We can’t improve what we don’t measure. Assessing cultural competence is essential for moving beyond good intentions to tangible results. In this section, we’ll explore tools to evaluate both individual and organizational cultural sensitivity. We’ll discuss how feedback from the community and honest self-reflection are crucial to ensure these assessments lead to continuous learning, not just a box to check.

What is Cultural Competence in Criminal Justice?  It encompasses:

• Awareness: Knowledge of diverse cultural norms and one’s own biases.
• Skills: Effective communication across differences, de-escalation tactics tailored to diverse populations, etc.
• Systemic Thinking: Understanding how policies and historical injustices create present-day disparities.

Tools for Measuring Cultural Competence

It’s important to use multi-faceted assessments, as cultural competence isn’t just about knowledge, but skills and attitudes. Here’s a range of tools:

• Knowledge-Based Surveys: These test understanding of different cultural norms, historical injustices, and the impact of bias on the justice system.

  • Strength: Identifies gaps where training is needed.
  • Weakness: Doesn’t assess if someone actually applies this knowledge in practice.

• Scenarios and Simulations: Trainees face realistic situations (simulated or written) and their responses are evaluated by trained observers.

  • Strength: Reveals decision-making process and how well someone adapts under pressure.
  • Weakness: Requires skilled evaluators to avoid subjective judgments.

• Implicit Association Tests (IATs): These online tools measure unconscious biases. Controversial, but useful when paired with debriefing on how bias operates.

• Cultural Self-Awareness Questionnaires: These guide individuals to reflect on their own background, communication style, and assumptions.

  • Strength: Fosters introspection, but relies on the person being honest with themselves.

• 360 Degree Reviews: Feedback not just from supervisors, but peers, those policed/judged, etc. This paints a fuller picture than a top-down approach.

How These Tools Are Applied

• Police Departments: Scenario-based assessments can be hiring tools or part of promotion processes. Periodic IATs help officers track their own bias reduction progress.

• Courts: Surveys on cultural norms relevant to common cases can be used in judge training, as can mock trials where culturally-influenced witness behavior is analyzed.

• Corrections: Self-awareness questionnaires can help staff identify triggers that lead to escalation with inmates. 360 reviews can reveal if policies are experienced differently based on race, gender, etc.

• Community Oversight: Well-designed surveys gather resident perceptions of fairness in policing and court interactions. This data holds agencies accountable.

Important Considerations

• Anonymity & Trust: People are less honest if they fear their answers will be used against them. Building a culture where growth is valued is key.

• No Single Perfect Tool: A combination of approaches yields the most useful insights.

• Focus on Outcomes: Did the assessment lead to behavioral changes, reduced complaints, better case results? That’s the true measure of success.

• Qualitative and Quantitative: Statistics on disparities matter, but so do focus groups where residents can explain their experiences in their own words.

Challenges

• Scoring Subjectivity: Especially for scenario-based assessments, clear rubrics and training for evaluators are essential to avoid bias in the assessment itself.

• Resistance: Those with unexamined biases may push back on the very idea of assessment, labeling it unfair or unnecessary.

Feedback Mechanisms

Cultural competence isn’t static. Ongoing feedback, both from those external to the system and from within, is essential to ensure good intentions translate into daily practice that truly serves everyone.

Community Feedback: Why It Matters

• Lived Experience is Expertise: Residents, especially from marginalized groups, are experts on how policing or court interactions actually feel, which can differ greatly from how those in power think they’re perceived.

• Builds or Breaks Trust: If the community sees their concerns taken seriously, they’re more likely to report crimes, cooperate as witnesses, and believe change is possible.

• Identifies Unexpected Issues: A well-intentioned policy might backfire in practice due to cultural blind spots those who designed it simply lacked.

• Prevents Complacency: Even with progress, hearing directly from those still experiencing bias keeps the issue urgent for those in the system.

Techniques for Gathering Feedback

• Surveys (Beyond Satisfaction): Questions must dig into why people felt treated respectfully or not, not just a numerical rating.

• Community Forums: Facilitated dialogue allows for nuance and builds stronger relationships than only relying on written feedback.

• Diverse Oversight Boards: Empower these boards to review complaints, use-of-force incidents, etc., with a focus on spotting patterns of bias.

• Anonymous Hotlines: Some may only speak freely if they know retaliation is impossible. This data is still valuable, even if the specific officer can’t be disciplined.

• Partnerships with Community Orgs: Already trusted groups can help gather honest feedback that those in uniform might not get directly.

Peer Feedback’s Role

• Spotting Blind Spots: Colleagues from different backgrounds might notice communication issues or subtle biases that the person themselves is unaware of.

• Peer-to-Peer Learning: Seeing a fellow officer successfully bridge a cultural divide is often more motivating than a lecture.

• Culture Shift: When openly discussing bias becomes normalized, it helps those resistant to the idea of self-improvement let their guard down.

Incorporating Feedback Effectively

• It’s Not Personal (Ideally): Frame feedback as about improving the system, not proving an individual is bad. This reduces defensiveness.

• Data AND Stories: Statistics on disparities alongside personal accounts provide a compelling case for change.

• Celebrate Those Who Adapt: Highlight officers who get positive community feedback. This shows cultural competence is valued and achievable.

• Transparency With the Public: Sharing summaries (respecting privacy) of how feedback led to action builds trust that the process isn’t just for show.

Challenges

• “This Isn’t Representative” Trap: It’s easy to dismiss negative feedback that challenges the prevailing narrative. Leaders must push back on this.

• The Outlier Excuse: Blaming a few “bad apples” avoids the hard work of systemic cultural change that feedback might necessitate.

• Follow-Through is Key: If people see nothing changes after they share their experiences, they’ll disengage, making future improvement harder.

Role of Self-Assessment

We can’t change what we don’t acknowledge. Self-assessment is a crucial tool for cultural competence because it helps us move from defensiveness to a growth mindset.

Why Self-Reflection Matters

• Reveals Unconscious Bias: Even with the best intentions, we all have them. Self-assessment tools like the IAT, or journaling about split-second reactions, force us to confront what we might wish wasn’t there.

• Personalizes the Issue: It’s easy to get abstract about bias. Analyzing our own actions makes the need for change hit harder.

• Targeted Growth: Once we know our specific weak spots (age bias, misunderstanding certain communication styles, etc.) training can be tailored, not generic.

• Proactive Not Reactive: Self-assessment allows us to address issues before they escalate into complaints or harm our ability to do our jobs well.

• Creates a Culture Shift: When leaders model vulnerability by discussing their own self-assessment efforts, it makes the whole department more open to this work.

Practical Steps for Self-Assessment

1. Structured Tools: Don’t just vaguely ponder. Use questionnaires on cultural awareness, keep a “bias diary” to log assumptions you catch yourself making, etc.

2. “Why” Not Just “What”: When analyzing a past interaction, go beyond if it went legally well. Did you feel truly understood by the other person? Did they seem to trust you?

3. Seek Contradictory Input: If you believe a stereotype, actively expose yourself to media, personal stories, etc., that challenge it. Dissonance is where growth begins.

4. Mentorship Matters: Having a trusted colleague from a different background to debrief difficult interactions with can reveal blind spots you’d miss on your own.

5. Track Progress Over Time: Self-awareness is a skill honed with practice. Revisiting past assessments lets you see if you’re getting better at spotting your biases earlier.

Interpreting Results Honestly

• Discomfort is Data: If something makes you defensive, that’s a sign you hit on a bias worth examining, not a reason to dismiss the assessment.

• Small Shifts Matter: Don’t expect perfection overnight. Focus on gradual progress and increasing awareness of your thought patterns.

• System, Not Just Self: If you notice a pattern (struggling with communication with a specific group, etc.) it may point to needed training or policy changes beyond just individual failings.

• Link to Outcomes: Did a better understanding of your triggers help you de-escalate a situation? That reinforces the value of self-assessment.

Beyond the Individual

Self-assessment is most powerful when the department supports it:

• Time and Space: This work can’t be rushed in a spare five minutes. Carve out dedicated reflection time as part of professional development.

• Psychological Safety: Leaders must make it clear that admitting a bias gets you support, hiding it gets you in trouble if it later harms the mission.

• Data-Informed Practice: Does self-reported bias correlate with disparities in stops, disciplinary action, etc? This makes addressing it urgent, not optional.

Performance Reviews and Audits

While individual growth matters, true cultural competence requires systemic change. Formal reviews and audits help hold organizations accountable and identify where broader shifts are needed.

Performance Reviews With a Cultural Lens

Moving beyond traditional metrics to include:

• Disaggregated Data: Does the officer stop, arrest, or use force on certain groups at disproportionate rates? This raises a red flag even if every individual action was “by the book.”

• Complaint Analysis: Are the officer’s complaints overwhelmingly about misunderstandings (not baseless accusations of malice), especially with specific communities? This signals a training need.

• Qualitative Feedback: Space on reviews for both supervisors and those policed/judged to provide comments on communication, respect, etc. paints a fuller picture.

• Focus on De-escalation: Was a situation resolved peacefully, even if messy, due to the officer’s cultural understanding? This should be rewarded.

Department-Wide Audits

These look at systemic patterns, not just individual conduct:

• Policy Review: Are outdated, biased terms still in use? Do guidelines give too much room for subjective judgment, opening the door to discriminatory application?

• Hiring & Promotion: Does the force reflect the community it serves? If not, recruiting and promotion practices need scrutiny for potential bias.

• Community Feedback Loop: Resident survey data should be part of audits alongside internal metrics. Discrepancies are where changes are most needed.

• External vs. Internal: Sometimes an outside auditor brings both fresh eyes and the authority to push back against defensiveness within the organization.

Case Studies

• Oakland, CA: Stop Data Audits: Mandated review of all stop data, with officers required to justify disparities, led to a dramatic drop in biased policing without sacrificing public safety.

• NYC: Courtroom Observation: Teams trained in cultural awareness observed judges, flagging problematic language or interactions biased by assumptions. This led to targeted training far more effective than generic pronouncements about fairness.

• Minneapolis PD: “Ethical Policing is Courageous” Campaign: Changing the culture meant highlighting officers who de-escalated due to cultural understanding as examples to emulate, making this work central to the department’s identity.

Challenges of Formal Reviews

• Data Quality: If initial incident reporting is sloppy or biased, even good analysis will be faulty.

• Fear-Based Pushback: Officers may see this as about getting in trouble, not improving. Framing it around safety and effectiveness is crucial.

• “Gaming the System”: If narrow metrics become the focus, officers might avoid proactive work out of fear of a single bad interaction harming their stats.

• Leadership Matters: If those at the top don’t truly buy into the need for cultural change, these reviews become a bureaucratic exercise, not a path to progress.

Continuous Improvement Strategies

Assessment is only useful if it leads to action. Here’s how to turn data and insights into lasting cultural change within criminal justice organizations:

• Transparency & Accountability: Share results with both the community and internally. Explain the “why” behind policies to address bias, increasing buy-in.

• Tailored Training Plans: Department-wide bias lectures are ineffective. Assessment data shows where to focus (de-escalation for specific groups, communication for courtroom staff, etc.)

• Celebrate Success Publicly: When officers are recognized for bridging cultural divides, it shows this is a valued skill, not just something to avoid complaints about. Success breeds more success.

• Peer Mentorship: Pair seasoned officers with those whose assessments show room for growth. Informal learning on-the-job is often more accepted than formal training.

• Incentivize, Don’t Just Punish: Officers who consistently get positive community feedback deserve recognition beyond the absence of complaints. This makes it a desirable goal.

• Address Root Causes: If assessment shows a pattern of officers misunderstanding mental health crises, don’t just blame them – partner with social services for co-response or improved training.

• Leadership Driven: Those at the top must embody cultural competence in word and deed. If they treat it as an annoyance, no amount of assessment will change the daily reality.

• Evolving Standards: As society changes, so must our understanding of bias. Regular re-evaluation of assessment tools and what constitutes “competence” are essential.

Challenges to Maintaining Momentum

• Backlash: Expect those wedded to the old ways to weaponize any misstep as proof these efforts are harmful. Proactive communication about the benefits for everyone is key.

• The “We Fixed It” Trap: Reducing the most overt bias is the first step, not the end. Constant vigilance is needed to spot subtler, emerging forms of inequality.

• Resource Demands: Good training or truly representative hiring takes funding. Advocacy for budgets that reflect priorities is needed alongside internal changes.

• Burnout & Scarcity Mindset: In overworked, understaffed departments, focusing on anything beyond the immediate crisis feels impossible. Leadership must make space for this work.

Future Trends in Assessment

• Tech with Caution: AI tools for sentiment analysis of body camera footage, etc., may seem unbiased. But if trained on biased data, they’ll codify existing problems, not solve them.

• Intersectionality & Complexity: Assessments will need to account for how biases based on race, gender identity, disability, etc. intersect to create unique experiences.

• Community-Led Models: Giving residents greater power in designing the assessments themselves ensures the focus is on what truly impacts their lives, not just what looks good on paper.

• Predictive Analytics: Could data help identify officers at risk of bias-driven escalation before it leads to harm? This is promising, but must be done with safeguards against mislabeling.

Why Continuous Improvement is Non-Negotiable

• Evolving Communities: New immigrant groups, evolving cultural norms – stasis means falling behind the needs of those the system is meant to serve.

• Trust is Fragile: Hard-won gains can be lost quickly if complacency sets in. Assessment keeps the issue urgent, even during periods of relative calm.

• Legitimacy Depends on It: The public expects the justice system to reflect society’s evolving values. Out of touch institutions lose the moral authority to function effectively.

• It’s Not Just Altruism: Culturally competent policing is more effective. A truly fair court less likely to have wrongful convictions overturned. This benefits everyone long-term.

Summary and Conclusions

Assessing cultural competence is vital for moving beyond well-meaning intentions to systemic transformation. A variety of tools, including surveys, simulations, and the IAT, help both individuals and organizations identify knowledge gaps and biases. Crucially, feedback from the community and peers ensures these assessments stay grounded in the real-world lived experiences of those the justice system serves.

Self-reflection is essential, as are performance reviews and audits that examine fairness on a systemic level. This data must drive continuous improvement through targeted training, mentorship programs, and policy reform. While challenges like backlash and limited resources exist, the benefits – increased trust, reduced disparities, and a system that earns the right to call itself just – make this work a non-negotiable priority.

Modification History

File Created:  05/06/2024

Last Modified:  05/07/2024

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