Contemporary Families An Equity Lens Textbook Chapter 8 Justice

. JUSTICE AUTHORS NOTE AND PREVIEW 273 AUTHOR NOTE AND QUESTIONS Elizabeth Pearce This chapter was created with selected essays by three student authors Alexis , Christopher Byers , and Carla . The balance of the book consists of either collaborative writing among student authors and myself or my individual writing based on substantive brainstorming and research conducted by the research librarian , the student authors , and myself . But when it comes to justice , I wanted you to read directly the words of students and what matters to them . Going forward , I will add to this chapter with additions by other students . You will read my introduction and then each of the individual students will speak to a meaningful aspect of justice , their experience writing the text , and their developing understanding of social justice . Pearce Preview Questions . How is justice typically ?

How does it apply to families in the United States ?

How do race , ethnicity , gender , immigration , and socioeconomic status intersect to create differing with justice ?

What do the founding documents of our country tell us about justice ?

In what ways has your family experienced justice and injustice ?

What topics would you add to this ter ?

274 I JUSTICE AN INTRODUCTION JUSTICE AN INTRODUCTION Elizabeth Pearce It up to all of , white , matter how we think we might be , to do the honest , uncomfortable work of rooting it out . It starts with examination and listening to those whose lives are different from our own . It ends with justice , compassion , and empathy that manifests in our lives and on our streets . Obama , Your social identity affects your experience with justice , how you understand what justice is , and how you will respond to this chapter , and this textbook , which is written with an equity lens . It is appealing to think that we live in a country where every family has equitable access to opportunity , representation , and justice , but we must recognize the ways in which justice is distributed unevenly . Justice is typically as equal access or opportunity , equal treatment , and equal rights . It is the intent of this chapter , and of this text , to uncover the ways in which representation and justice tribute to inequity in family experiences in the United States . When we talk about families , we are moving far beyond the social construction of the typical family and the ways that government and other institutions family for taxes , health care , and other legal rights and responsibilities . We are including all the ways that people their own families . It is our aspirational goal to inspire readers to understand injustice more deeply and to advocate and contribute to changes toward greater equity for families in the United States . The Social Construction of Justice and Criminality Flowing from the representation via elected is the common law system of justice generally in use in the United States . Common law ( aka case law ) is law that is derived primarily from the court system , meaning that when a case is tried and decided in a court it can affect civil law , those laws that are created by governing bodies such as state legislatures and the federal congress . The level a particular court holds will affect whether counties , states , or the whole country will see a change in law based on the decision . Who makes those court decisions ?

While juries are involved in some cases , judges are the ultimate arbiters , as they make many decisions before a case even appears before a jury , as well as AN 275 all along the way about what evidence , witnesses , and motions will be allowed . Many cases are decided by a single judge or a panel of judges , without a jury . This is true to the United States Supreme Court , the Regional Appeals Courts , and many courts . Who judges are , their experiences , their beliefs , and their backgrounds have a big impact on all citizens of the United States . Judges in the United States must meet requirements such as having a Doctorate ( law degree ) passing the bar exam , and practicing law . Judges may be elected or appointed depending on the governing regulations of the county , state , circuit , or federal system . Appointments are made by elected officials ( the President of the United States appoints federal justices and then The Senate must that appointment in order for it to be official ) As you can see , the system of common law comes back to elected officials , and participation of residents in the United States . Fig . The Roberts Court , November 30 , 2018 . Seated , from left to right Justices Stephen and Clarence Thomas , John Roberts , and Ruth and Samuel . Standing , from left to right Justices Neil , Sonia , Elena , and Brett . Photograph by Fred Schilling , Supreme Court Curator Office . The Supreme Court is the highest court in the United States decisions made by this court affect civil laws and all existing related case law in the country .

276 I AN We will discuss the social construction of justice and criminality in the United States , and we will include aspects of the court system , the government , and the criminal justice system for our examples . If you would like to more clearly understand the structure and of these systems , these openly licensed and free texts are useful ' American Government from the University of Oklahoma ' Introduction to the American Criminal System from Southern Oregon University Like every system created by human beings , the justice system , and what is considered to be criminal , is a social construction . We have created and structures , roles , and institutions that we tacitly agree to abide by . Ideas such as justice rehabilitation , debt to society , and criminality all have that have changed over time and location . For example , let look at the plant marijuana which is frequently dried to be smoked , has oil extracted , or is otherwise ingested or applied . Is it a valuable medicine ?

Is it an illegal drug ?

Is it bad for you ?

Is it a comparable form of recreation to alcohol ?

Is it an essential service in the time of ?

Are you a criminal if you use it ?

The answers to these questions vary based on location ( eral , state , and county laws ) and over time . They vary based on your profession and employer . Currently , it is legal in 33 states to use marijuana for medical purposes , and it is also legal for recreational purposes in 11 states , including Oregon But its use is also considered to be criminal cannabis over continues to be illegal under the federal Controlled Substances Act of 1970 . The increased legislative activity around marijuana between 2009 and the present day illustrates the very complicated relationship between federal and state governments and that the social construction of marijuana is in contention . For recent history and changes , consult the Cannabis in the United States Wikipedia page here . National Center for Drug Abuse Statistics . 2019 ) Marijuana Incarceration Statistics . 17 , 2020 , from

JUSTICE AN 277 Fig . A dried bud of the Cannabis plant . I ' an Cannabis contain many psychoactive compounds that are used for recreational or medicinal purposes . The plant goes by many names , pot , weed , dope , Mary jane , eta The bud is usually either crumbled up and smoked or mixed with food into an edible . From this example , you can see how a social construction can determine whether something ( in this case , a plant ) is perceived to be criminal , medicinal , or recreational . The most common use of marijuana for medical reasons is for chronic pain control which has been found to be effective for millions of Based on location , someone who uses this plant medicinally may be branded a criminal rather than a patient treating a medical problem . We will extend this idea to people how social constructions such as gender , race , poverty , and sexuality translate into justice being interpreted and applied unevenly to different people based on implicit bias and the socially constructed difference of identities . Race . Legal . and Extralegal Justice We know that the original construction of equality in the United States actually referred to equality amongst White male landowners ( as described at the start of this chapter ) The purpose of this textbook is to examine the needs and experiences of current American families , and some exploration of history is helpful for context . There exists a disparity in the United States currently related to criminality and justice . This can be traced back to the poverty , bias , and institutional discrimination that Black people have faced not just during slavery , but through im Crow Laws , the racial caste system that limited income , wealth accumulation , and rights of African Americans . For example , Black people were limited from using bathrooms , drinking from water fountains , sitting in certain seats in restaurants and transportation , and generally segregated to separate . 2020 , April 10 ) Medical marijuana . Harvard Health Publishing .

278 AN locations in public spaces including libraries and schools . These laws lasted for about 100 years until the Civil Rights Act was signed in 1968 . Fig . 84 . Many spaces and services were explicitly or implicitly segregated . A result of these laws was the of everyday actions by Black people , performed in spaces that were either explicitly or implicitly for White people . This resulted in both formal punishment , such as , but also the beating and lynching of Black people . Families continued to be broken up , not through slavery , but now through violence , imprisonment , and death for the socially constructed criminality of being in the wrong place or talking with the wrong person . Multiracial interactions were stigmatized , and Black men

AN 279 were consistently punished for any interaction with a White woman . Class , gender , and race intersected in a way that often led to Black men being killed or imprisoned by legal or extralegal means . In February 2020 , was killed while out jogging . Three men believed that he looked and similar to someone who committed a burglary weeks earlier , armed themselves with a shotgun and a handgun , chased him , and shot him dead . In the New York , many Black people who jog to stay and relieve stress wrote about the dangers of running while They describe staying in parks rather than running on neighborhood streets , wearing brightly colored shirts and shoes to signify that they are gers , avoiding new areas , and taking care to call out hello or excuse me in order to signal to people that they are friendly . These actions are intended to keep people from harassing or harming Fig . Silhouettes of three runners on a City street . 2020 , May ) After a killing , running while black stirs even more anxiety .

280 i JUSTiCE AN Socioeconomic Status and Incarceration Organizations such as the American Bar Association and media outlets like The New York Time and The Port have all written extensively about the of poverty . Many crimes are punished by fees and in addition to some kind of incarceration ( jail , prison , probation or parole sentences ) ceration affects individuals and families by the loss of autonomy , parenting and family connections , as well as loss of income . Many people will lose their jobs , so that even when they a sentence , they are unemployed . Finding employment and housing is more with a criminal record . Add on top of this , there is the ment of and fees . Families with accumulated wealth and higher incomes will be able to pay these fees and more quickly than a family that has not accumulated wealth or has a ing job . In some states , if interest and additional fees accrue , it can lead to additional incarceration , loss of a ving license , or loss of an occupational license , making it more difficult to earn money with which to pay the . This affects the , physical , and mental health of families . Examples such as a sentence for ing a can of beer , three days in jail for catching a season , and 22 days in jail for not having enough money Fig . to pay fees when appearing in court are cited by the had a family member incarcerated for one or . National Public Radio investigation into court fees and more nights In prison . the incarceration of oor eo le who can not a them . You can listen to the report here As Court Fees Rise The Poor are Paving the Price . Approximately half of all adults in the United States have had an immediate family member incarcerated for one or more nights in prison , raising incarceration in the United States to the level of a social problem . Incarceration disproportionately impacts families and people of color . Compared to White adults , Black adults are three times more likely to have had a family member incarcerated and adults are times more likely to have had a family member incarcerated for more than one year . Adults with lower hold incomes ( less than ) are three times more likely than adults with a household income of or more to have a family member incarcerated for a year or more . In the following essay , Human Services major Heather describes her experience with working through her criminal background and toward her career passion of working with families . Along the way , she uncovered realizations about the role that race plays in her journey .

JUSTICE AN I 281 Career , Criminality , and Race By Heather , AS . in Human Services Option , 2020 ! 282 I JUSTICE AN INTRODUCTION The intersections of our social identities will overlap with the identities of those who make the policies and laws , those who enforce them , and those who make the judgments that impact incarceration , parole , tion , and future experiences . Paying attention to these overlaps and attempting to overhaul our systems to correct discrimination that is built into our psyches and our systems will create more equitable opportunity , treatment , and rights for all families . Licenses and

JUSTICE AN I 283 Open Content , Shared Previously Figure . Photo by the Supreme Court ofthe United States . Public domain . Figure . Mari by Martin . License BY 40 . Figure by . Public domain . Figure . White and colored peoples by David Wilson . License BY 20 . Figure by . License license . Figure . by Wendy Alvarez . License license . Open Content , Original Career , Criminality , and Race by Heather . License .

284 THE OF JUSTICE THE OF JUSTICE Alexis Preface As a psychology major , I was surprised to find myself contributing and writing for an open textbook . What does any of this have to do with the human psyche ?

was something I was asking myself before I started research and writing . While we learned of in 201 , I didn really start to fully grasp the concept until I started writing for this project . It not just sociology and psychology that comes into play when we talk about social justice , but instead a strong cooperation of multiple disciplines are involved in ing how inequality and injustice occur . Everything is connected whether we realize it or not . After the events that happened during the spring and summer of 2020 , it feels very gratifying to try and help educate others on topics and ideas that I myself didn fully understand when I began writing . I don ily consider myself a great writer , but challenging myself to do this project has only made me a better student . If there anything that I would like for someone to take away from this reading , it this for some , it is easy to deny that many of the ideas discussed ( such as and institutional racism ) exist . Human and society stand on the shoulders of those who came before us . Many modern institutions and values in the United States were founded on the antiquated idea that those pertaining to a certain class and race were superior to others . Context matters and it shouldn be ignored . With that being said , I want to thank everyone who collaborated on this project for being some of the most and friendly people I ve met ! Following is a series of short essays that explore various groups who experience injustice and the ways that social identities overlap with the justice system . What does Justice look like ?

The last few words of the United States Pledge of Allegiance are with liberty and justice for It part of our nation identity . The unfortunate reality is that our justice system wasn ever made to be fair . The first form of police in the southern part of the United States were slave Their purpose was to capture escaped . Potter , The history in the United States . Online .

THE OF 285 enslaved people , to prevent further escape , and to discipline those enslaved . For hundreds of years in the United States the justice system job was to enforce the idea of White supremacy , and to limit the rights of women and people of color . This can be seen in Supreme Court cases such as Dredd Scott Sanford , where the Supreme Court ruled that anyone with African ancestry could never become a citizen of the United States , and therefore not be able to sue in federal court . The Supreme Court also seized this opportunity to rule that the Missouri Compromise was unconstitutional . This meant that the federal government couldn prevent slavery in certain territories . This decision was unsurprising to many Americans , because seven of the nine Supreme Court at the time of the Dredd Scott decision had been appointed by Roger , who authored the majority opinion for the Dredd Scott case , wrote in reference to the legal status of African Americans , They are not included , and were not intended to be included , under the word citizens in the Constitution , and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United While there may not be laws , rules , and regulations that explicitly target people of color ( today , there do exist many that their entire origins are based on racism and prejudice ( See Housing Chapter ) In many cases , those whose duty is to exercise the law simply choose to ignore crimes that are being committed against . For example 37 percent of cases involving disappeared Native American women are missed by the US Attorney Office To learn about the search for missing and murdered Indigenous women , listen to this podcast . segments This is a pattern that goes back to at least the when local law enforcement neglected to properly investigate murdered Native Americans during the infamous Osage Indian Murders . The Osage Indian ders show one of the more blatant attempts of a government trying to circumvent justice in order to oppress and marginalize a group of minorities . The Osage people of Kansas were relocated to a reservation in around 1870 . It later became known that the Osage reservation is located on top of one of the largest oil deposits in the country . As a result of this , the Osage people saw an extraordinary increase in wealth . The United States Congress eventually passed a law requiring a guardian to assume control of every Osage until they were deemed competent . The guardians were of course always White males , who usually didn have the best interests of the Osage in mind , often defrauding them . Scott for freedom . Brewer , A . 2008 ) The racialization of crime and punishment Criminal justice , racism , and the political economy of the prison industrial complex . American Behavioral Scientist , 51 ( National Indian Council on Aging . 21 ) Inadequate data on missing , murdered indigenous women and girls .

286 THE OF Justice Depends on Race There currently exists a disparity in the United States that has been rapidly increasing particularly within the last two decades . African Americans face harsher punishments than a White person would for committing the exact same crime . If you compared the sentence of a Black person and a White person for a similar crime , Black people serve sentences around 19 longer than White people do on average . Not only do Black people serve longer sentences , but the more features someone has the more likely they are to be sentenced to death This recent disparity while having many causes , can largely be attributed to the Supreme Court ruling on the case of United States Booker . The Supreme Court ruled that judges didn have to strictly adhere to mandatory sentencing regulations that were created in 1984 under the Sentencing Reform Act , a bipartisan bill that aimed to increase fairness and consistency of sentences ( whether this reform actually worked could be debated as well , because the Reagan administration doubled down on Nixon War on Drugs during his the policies introduced during this time disproportionately targeted ) Instead , the federal found that the United States Booker ruling actually has been counterproductive to the Sentencing Reform Act , and actually created more sentences inconsistent with regulations , and a greater racial disparity as Since judges can use the regulations as just advisory , their biases and preconceived notions of people of color have a much larger role in the sentencing of minorities than they did before 1984 . The War on Drugs Originally coined by former president Richard Nixon , the War on Drugs was first started as a campaign by the Nixon administration . Although it wasn known as the War on Drugs until 1971 , drug reform in the United states dates back many years all the way to the beginning of the century when the first drug prohibition policies were being passed . The Harrison Narcotics Tax of 1914 was one of the federal laws to regulate On paper the aims of the Nixon campaign were to try and shrink the drug trade in the United States and prevent new addicts through various which includes the creation of the Drug Enforcement Agency ( DEA ) and giving increased funding to law enforcement agencies ( LEA ) to actively seek out drug charges . United States Sentencing Commission . 2017 , November ) Demographic differences in sentencing An update to the 2012 Booker Report . Department ofjustice . 2006 , March 15 ) The impact States Booker on federal sentencing fact sheet . Opium through history . Frontline . Nixon , 1971 , une 17 ) President Nixon declares war on drugs . The American Presidency Project .

THE OF I 287 Drug crime was so low on the priority list for most when the war started , that many agencies did not try to enforce the new policy . To try and get all LEA to participate in the war , the federal government provided them with a few incentives . Firstly , they could compete to receive federal cash grants . This allowed many to expand their number of officers and to start a new narcotics task force in order to increase the number of arrests . Simply put , more arrests and convictions equals more money for the agency . In addition to giving money to LEA , the federal government also provided cooperating agencies with Intelligence , special training , and equipment in order to carry out the war . To top it all off the government let agencies keep almost all of the money that they seized in drug Overall this system has led to issues such as the militarization of the police and an increase of in prison for nonviolent crimes . Even one of Richard Nixon own aides has admitted that the War on Drugs was used as a means to incarcerate Black people . The Militarization of Police As a direct result of the War on Drugs , the police in the United States are given more freedom and weaponry than ever before . Concerns have been raised recently regarding what is called Warrior Culture that is present in many police departments , where are encouraged to take a warrior mindset This sometimes is in contrast to academy training and is instead encouraged by fellow , but not always . The warrior mindset can also be understood as an Us Them form of thinking . Police are being taught that they live in a tile environment that is out to get Rookie are told constantly that their lives are in danger and that they should be scared or else they could die . Many departments say that their and immediate goal is to make sure are unharmed and get home safely this tends to foster fear in officers and causes of danger . As a result , officers are more likely to treat ordinary citizens as a threat and to escalate the situation entirely . This raises the risk of death for both police and citizens . In order to our communities to the best of their ability , police must work closely with the communities that they are serving . A heavily armed and paranoid police force does not mesh well with people who are growing ever more distrustful of police . For many decades , national and trust in the police have remained at around 60 . trust and for the police are much lower in minority communities . African Americans trust of the police sits at just 31 footnote While minority communities could greatly . Alexander , 2020 ) The Crow Mass incarceration in the age of . New Press . 10 . 2015 , April 10 ) Law enforcement Warrior problem . Harvard Law Review , 128 ( 20 11 . Tyler , 2011 ) Trust and legitimacy Policing in the Usa and Europe . European Journal , 12 . footnote Tyler , 2005 ) Policing in black and White Ethnic group differences in trust and in the police . Police Quarterly ,

288 I THE OF from a police presence , they are often disproportionately arrested , harassed , disrespected , and made victims of police brutality . Police Brutality the senseless acts of killings of these young boys out there This is reality , this is my world , this is what I talk about in my music . You ca delude that . Me being on a cop car , that a piece after these senseless acts is not the problem . Our reality is the lem of the situation . This is our music . This is us expressing Kendrick Lamar to Fig . Kendrick Lamar sees hip hop as an expression ofthe problem of racism , not part ofthe problem itself . During the 2015 BET awards Kendrick Lamar performed his hit song Alright off of his album To Pimp

13 . 14 . 15 . THE OF 289 , whose lyrics have been praised by critics for being and a socially relevant on the struggles of the modern African American . At some point in the performance , Lamar stood on top of a police car that has been vandalized , a symbolic statement for many viewers showcasing his support for those protesting the killing of unarmed Black men and condemning the police for their actions . In 2014 and 2015 , many high cases of police brutality emerged . To name a few Michael Brown , Eric Garner , ter Scott , and Freddie Gray . There were over known police killings in the United States in 2014 , of whom were unarmed . It was during this year that the Black Lives Matter movement gained large traction . Lamar faced backlash from those critical of the Black Lives Matter movement . Lyrics such as and we hate , wan na kill us dead in the streets got the attention of Fox News pundit Rivera , who said This is why I say that has done more damage to young than racism in recent years . This is exactly the wrong Lamar responded by saying , is not the problem . Our reality is the problem of the situation . This is us expressing People of Color are more likely than White people to be victims of police brutality , African American men , American Native women , and Latino men to be more . African American men are the most likely out of all races to be victims . Black men face a in 1000 chance of being killed by police out their The blame for all of this is all too often placed on minorities . Kendrick Lamar words are affirming for many young people . Lamar words still ring true today . With the recent death of George Floyd as well as Taylor , the United States has seen a surge of protest across all 50 There are many that can be drawn from the civil rights movement of the 1960 as well as the 1992 Los Angeles riots , but there is also unique history happening right in front of our eyes . With the relatively recent rise of smartphone cameras , people can now capture police brutality with relative ease , as well as being able to upload it straight to the internet as it happens . While some would hurry to dismiss the problem of police abusing their power as just a few bad apples , we can now see that police brutality isn a rare or isolated incident . There is a clear pattern of abuse , one that has been occurring in this country for centuries . It is clear that police brutality is a systemic problem in the United States . Mapping Police Violence . About the data . Retrieved September 20 , 2020 from Edwards , Lee , Esposito , 2019 ) Risk ofbeing killed by police use in the United States by age , and sex . Proceedings ofthe National Academy , 116 ( 34 ) Cai , McCarthy , Patel , 2020 , une 13 ) How Black Lives Matter reached every corner of America . New York Times .

290 THE OF JUSTICE Gender , Underrepresentation , and With many of the high cases of police brutality being about men , women of color are often forgotten in the discussion . Due to this there unfortunately are not many studies particularly focusing on the experiences of minority women . The most oppressed voices are usually the least heard . Women of color are at the tion of gender and race and are victims of police violence just as much as men of color . Physical violence isn the only way women suffer at hands of the police , they are also more likely to face sexual assault as well . Sexual assault is the second most reported form of police misconduct in the United Transgender women are most vulnerable to sexual violence by the police . Fifteen percent of transgender women report being ally assaulted while in police custody , while African American transgender women report an astounding 32 assault Some of these instances of sexual violence occur during searches where look for narcotics or other paraphernalia . Black men are also often victims of police sexual violence as During an by Associated Press News on police sexual misconduct , it was discovered that over police officers lost their jobs over a period for crimes . The Say Her Name movement was started to bring light to the issues women of color face . We can quickly see a pattern forming . The more instances of in your life , the more likely you are to be a victim of violence and systematic oppression . Licenses and Open Content , Shared Previously Figure . Kendrick Lamar by Andrew Come Up Show . License . 16 . Bennett , 2018 , une 14 ) Say her name Recognizing police brutality against Black women . black 17 . National Police Misconduct Statistics and Reporting Project . 2010 ) Police misconduct statistical report . tute . A 18 . Office ofjustice Programs . 2014 , June ) The numbers . 19 . Chan , 2007 , August ) The Abner case , 10 years later . New York Times . 20 . 2015 , October 31 ) Hundreds lose licenses over sex misconduct . AP News . Sabe

I TREATMENT , OR TREATMENT , JAIL , OR JUSTICE ?

Christopher Byers Preface I always thought of myself as someone who has been the underdog in life . From my sister death , to ness to drug addiction , I thought I had it worse than anyone in the world . My negative experiences played a role in shaping my belief systems about myself and the world around me and in a way , encapsulated my thinking by keeping me But then , that all began to change for me . It all started with a class . A Human and Family Sciences class at , where I was introduced to a concept that altered my perception of the world and how I into it in a way . I began to learn how maybe after all these years of believing I had a hard life and everyone had it easy , this was not the case . I learned about concepts such as Privilege , Sociological Imagination , Equity , Social Constructivism , and many other concepts like those that helped me to slowly and sometimes painfully open my eyes to the reality of life . When I learned about Privilege , I had the hardest time wrapping my head around that one . Me , someone whose sister died , experienced ness and drug addiction be privileged ?

I thought at first that it didn apply to me . But through much internal reflection and writing and processing with people in my life and with my professor , I began to slowly stand what Privilege means . That concept alone was a catalyst for me to dive further into researching injustice in the , and really inspired me to do a lot of deep work on my own social identity and what it means to be who I am in the United States . This work has become some of the most important work I have ever done in my life , I see it as a path of healing not only for myself , but for many of us who choose to seek it . Mental Health and Substance Abuse Humans have been ingesting drugs for thousands of years . And throughout recorded time , numbers of nearly every society on earth have used one or more drugs to achieve tain desired physical or mental states . Drug use comes close to being a universal , both worldwide and throughout history . Erich To the extent that social inequality , social interaction , and drug culture contribute to substance use , it is a

TREATMENT . JAIL . OR 293 take to contribute substance use only to biological and psychological factors . While these factors do play a role , it would be a mistake to ignore the social environments in which people participate in substance use . The role that the family plays in substance abuse potential in members is vastly underestimated . Weak family bonds and school connections are often seen as a major role in the development of substance use in adolescents . Weak bonds to family members prompt adolescents to be less likely to conform to conventional norms and more likely to engage in using drugs and other deviant behavior . Healthy family bonds , coping with trauma , learning how to identify feelings , and open communication all play a positive role in the reduction and prevention of potential substance use of family members in the future . Mental Health So what exactly is Mental Health ?

And how is it today ?

Well , first , lets shine a brief but illuminating light on its history in the . The mentally ill have been treated very poorly for hundreds of years . In the , it was believed that mental illness was caused by demonic possession , witchcraft , or an angry god . For example , in medieval times , abnormal behaviors were viewed as a sign that a person was possessed by demons . Actually , most people who displayed abnormal behavior were viewed as being possessed by demons . This was not an uncommon societal belief in the . The idea that mental illness was the result of demonic sion by either an evil spirit or an evil god incorrectly attributed all inexpiable phenomena to deities deemed either good or As a result of these prevailing theories of psychopathology , derived from folklore and equate beliefs , these systems are still perpetuated today . Although science has shed a light to a better understanding of mental health , it is still common for stigma , discrimination , and ignorance to be the ing factors in how people with mental health are cared for and treated . Lumen Learning . The state , law , and the prison system . Retrieved September , 2020 , from

294 TREATMENT , JAIL , OR JUSTICE ?

Fig . 88 . Mental health is a part of our overall health . Psychological disorders are Very common in the , yet there is still a great deal of inequity that encompasses mental health issues . Stigma , labeling , ignorance , discrimination and judgement are all still very prevalent and harsh realities in our society today . The biological , sociological , physiological and cultural of mental health disorders vary from case to case and most mental health issues are still often difficult to stand , since the roots of mental illness are often misunderstood . We mentioned the earlier , which is another tool that psychologists and psychiatrists and Certified Alcohol and Drug Counselors ( often use to diagnose mental health and substance use disorders . Our society has made a lot of progress in standing how some operate , but we still have a ways to go until we as a society can see mental health through a collective , compassionate lens , It is important to remember that those who struggle with psychological

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I 295 ders are not their disorder . It is something they have , through no fault of their own . As with cancer and , these people who have psychological disorders often suffer from debilitating , often painful conditions through no choice of their own . These individuals deserve to be treated and viewed with compassion , dignity , and understanding . Substance Abuse So what exactly is the relationship between substance abuse and mental health ?

Substance abuse and mental health are interconnecting and overlapping systems . There has been years and years of stigma , discrimination , and misunderstanding with people who both have mental health issues and substance abuse issues . Many ple who suffer from substance abuse often have trauma , depression , anxiety , and environmental and genetic factors that contribute to the use of substances as a way to and cope with how they feel , regardless of the negative consequences that might happen as a result of using . For example , conduct order and antisocial personality disorder are strongly associated with the development of both substance use and serious mental illness such as major depression and bipolar disorder . Some substance abuse can even mimic mental health issues , making a diagnosis difficult without dealing with the substance abuse issues . reactions to withdrawal can also induce psychiatric symptoms and exacerbate underlying mental health issues for people as well . Mental health issues are interconnected with substance abuse . Most people who practice counseling often deal with the substance abuse issues with a client and then proceed to determine if that individual is suffering from mental health issues after the substance abuse is addressed . Mental Health , Substance Abuse , and the of Drugs Although slavery has been abolished , and the Jim Crow Laws are no longer legal , the systems that have oppressed people of color and marginalized communities from 300 years ago are perpetuated still to this day . It can be argued that the criminal justice system and the legislation and policies that were created to punish drug users and drug crimes were designed to perpetuate discrimination and oppression of people of color at disproportionate rates . A aspect of the War on Drugs , a piece of legislation that disproportionately affected people of color in the United States , was that it imposed mandatory minimum sentencing laws that sent drug offenders to prison , rather than enrolling them in treatment programs . Seventy percent of inmates in the United States are that surpasses the percentage of in US society , which is approximately 23 , according to the 2015 US census . That means that prisoners are far in the US criminal justice system . The United States has the highest incarceration rates for crimes . This based on the article The Black White marijuana arrest gap in in nine charts . the implicit bias our justice system still has for people of color in the United States .

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Arrest Rates for Marijuana Possession by Race ( 800 700 600 500 300 200 100 2001 2002 2003 2006 2007 2010 Arrest Rate Arrest Rate Figure Black people are disproportionately arrested for marijuana compared to White people . It is a very sad and common societal view that addicts and substance abuse users as lesser human beings , a lower standard of individual than the rest of society . This is known as stigma . This overarching and negative view on people who struggle with substance abuse plays a role in the passing of policies and of millions of people every year in the United States , most importantly , affecting families of color . When people of color are targeted for nonviolent crimes , they are more likely to receive harsher punishments than White people . This has absolutely deleterious consequences for people of color and their families , with the head of households usually being the ones who receive these harsher punishments . Women of color have been arrested at rates far higher than White women , even though they use drugs at a rate equal to or lower than White women . Furthermore , according to Bureau of Justice statistics from 2007 , nearly of US women prisoners had children under 18 years of age . Before incarceration , proportionately , these women were the primary caregivers to their children and other family members so the impact on children , families , and communities is substantial when women are imprisoned . Finally , inmates often engage in prison labor for less than minimum wage . When these individuals are incarcerated , contract prison labor that produces millions of dollars in . Therefore , the incarceration of millions of people the unemployment rate ( something politicians from ) and creates a cheap labor force that generates millions of dollars in for private corporations . How do we make sense of this ?

What does this say about the state of democracy in the United States ?

When seen through an equity lens , we can establish some interesting points . One is that the rates that people of color and White people use drugs are about the same , but one important factor plays a role in the disproportionate rates that are incarcerated . This is implicit bias . People have subconscious ideas about who uses drugs in the United States . These ideas

TREATMENT , OR 297 are based on False narratives derived from implicit biases that perpetuate the inequitable incarceration of ple of color . And two , the War on Drugs focused and funneled money into the punishment of and tion for offenses . A question to ponder is this What would society look like if instead of punishment and drug use and drug users , we used that money to focus on treatment , recovery centers , and social services ?

Licenses and Open Content , Shared Previously Figure . One and Health by Peggy Art . License . Open Content , Original Figure . Arrest Rates for Marijuana Possession by Race ( License BY 40 . Data source Crime Reporting Program Data and US . Census Data compiled by the Washington Post .

298 I REAL , REAL FAMiLiES REAL , REAL FAMILIES Carla Preface Now going into my last year in undergrad and looking into graduate school for programs in counseling , designed for children and families , I would like to thank Liz for allowing me to be a part of this project . It has been one of the best experiences so far in my academic career . I think that at first it doesn really make sense as to why I would be so passionate about something like this , but I explain . All I have ever wanted is to see myself in the things that I partake in , part of that being academic materials . As a woman and daughter of immigrants , I have never really gotten that , and it can truly take a toll on the way you view yourself and your people . Because of the privilege I have of being able to make it into higher ed and be a part of this project , I wanted to use that to write about people like me , my parents , and my family so that more children don see themselves as an other , a little section of the text that no one really goes over . Things haven been and aren fair for those who identify as immigrants , but people like me have been a part of the United States before this land was even named and we are here to stay so it time for our stories to be told too . Here I like to explain several of the laws that affect not just families like mine , but tangentially all families in the United States . Deferred Action for Childhood Arrivals aka Deferred Action for Childhood Arrivals , better known as is a policy created under the Obama administration on June 15 , 2012 , and it started to accept applications on August 15 , 2012 . als who meet the following criteria are eligible for ' are under 31 years of age as of June 15 , 2012 ' came to the while under the age of 16 ' have continuously resided in the from June 15 , 2007 , to the present ' entered the without inspection or fell out of lawful visa status before June 15 , 2012 ' were physically present in the United States 15 , 2012 , and at the time of making the request for consideration of with ' are currently in school , have graduated from high school , have obtained a GED , or have been honorably discharged from the Coast Guard or armed forces

REAL LAWS . REAL 299 ' have not been convicted of a felony offense , a misdemeanor , or more than three of any kind and ' do not pose a threat to national security or public safety . Applicants will have to provide evidence of the above criteria . In addition , every applicant must complete and pass a biographic and biometric background check . An applicant who is granted is not considered to have legal status but will not be deemed to be accruing unlawful presence in the during the time period when their is in effect . allows for individuals to live in the without fear of deportation and with work authorization . is temporary as it only lasts years every years the individual will need to reapply which means submitting an application , getting biometrics done , and paying a fee dollars . At its peak there were up to about people who were recipients but those numbers declined during the Trump Administration , due to fear of what would happen to the program . The number of people on now is closer to total . has been on the line since Donald Trump took presidency , having recipients live in limbo unsure of what their future will look like . Even after waiting years for the Supreme Court to make a decision on during this presidency , that decision is not being respected . The Supreme Court decided in July of 2020 that Donald Trump decision to rescind was made without the proper steps . Because of this sion , should have been restored to its original form , open to new applicants and advance parole , with a special permit for international travel available to current the Department of Homeland ( has declared that they will reject all initial requests who have not previously been granted . We thought we had a win but not soon after the Department of Homeland Security ( issued a new memorandum limiting the program . This memorandum eliminates eligibility for who have not received in the past , stating that all initial requests will be rejected . It also eliminates the possibility for recipients to be granted advance parole and lastly , requests for renewal , was changed from a period to a Not even the highest of courts has been able to protect these young dreamers . Here is one of many stories from the website of the National Immigration Law This website offers many resources for immigrants . In addition , it contains valuable resources for educators and others who are working with immigrant families . National Immigration Law Center . Immigrant Legal Resource Center . 2020 , August ) frequently asked . July 2020 memorandum . National Immigration Law Center . Stories in defense of deferred action for childhood arrivals .

300 I REAL , REAL FAMILIES Esmeralda DREAM Act The DREAM was a bill brought forward in 2017 which also , unfortunately , died that same year . This is what most DREAMers ( young undocumented immigrants ) are for . This bill would provide DREAMers protection from deportation and an opportunity to obtain legal status if they meet certain requirements . The DREAM Act would create a conditional permanent resident status valid for up to eight years for young . National Immigration Forum . 2017 , 21 ) DREAM Act of 2017 bill summary .

REAL , REAL I 301 undocumented immigrants that would protect them from deportation , allow them to work legally in the , and permit them to travel outside the country . To qualify for conditional permanent resident status , young undocumented immigrants would need to meet the following requirements Through documentation described in the bill , establish that they were brought to the at age 17 or younger and have lived continuously in the for at least four years prior to the bill ment Pass a government background check , demonstrate good moral character with no felony or tiple misdemeanor convictions , submit biometric and biographic data and undergo a biometric and medical exam Demonstrate they have been admitted to a college or university , have earned a high school diploma , or are in the process of earning a high school diploma or an equivalent and Pay a The bill would automatically grant conditional permanent resident status to recipients who still meet the requirements needed to obtain . Conditional permanent resident status can be changed to lawful permanent resident status by Maintaining continuous residence in the Meeting one of the following three requirements Completion of at least two years of military service , Graduation from a college or university or completion of at least two years of a bachelor or higher degree program in the , or . Employment for a period totaling at least three years Demonstrating an ability to read , write and speak English and an understanding of American tory , principles , and form of government Passing a government background check , continuing to demonstrate good moral character out felony or multiple misdemeanor convictions , submitting biometric and biographic data and undergoing a biometric and medical exam and Paying a fee . Citizenship and Immigration Services . 2020 , August 12 ) Green card eligibility categories . Retrieved September 20 , 2020 from

302 REAL , REAL FAMILIES The Legal Process What Part of Legal Immigration Do You Understand ?

ny mane , a , The line that immigrants can get into legally is actually very complicated and long . Larger version . Just come here legally is one of my most disliked phrases because the process to do so is not as easy as the eral public thinks . Immigrants just like everyone else seek out to move because where they currently are isn providing them what is needed to succeed . Unlike here in the United States , they can not just move from one state to another to seek out those opportunities , as they do not exist there either , instead they need to leave the country . Some people have the time and money needed to try and apply for a visa or have a family member who is a United States citizen or legal permanent resident sponsor them to become a legal permanent resident and are able to come to the United States that way . This could take anywhere from to 28 years and will cost where from 750 to , so it obvious that there could be a lack of the money needed to take this route and even worse for others their current situation might be more urgent , and they don have the time to wait . Citizenship and Immigration Services . 2020 , May 15 ) Application to register permanent residence or adjust status . Retrieved September 20 , 2020 from

REAL LAWS , REAL FAMILIES I 303 If legal immigration was easy , accessible , and fast , it very unlikely that people would risk their lives entering the United States without documentation and living in the United States without documentation REST IN POWER IN LOST In I . I VIA ! HI ' REST vi . if I ' I I . II II ! REST IN POWER ' Eu A ( IN I ! III ! I III ?

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304 REAL REAL Licenses and All Rights Reserved Content Esmeralda ( National Immigration Law Center . Used under fair use . Figure . The Legal Process ( Terry Colon , Mike Flynn , Reason Magazine . Used under fair use . Figure . Rest in Power boxes ( Arranged by Carla . Used under fair use .

REAL NEEDS , ALL 305 REAL NEEDS , ALL FAMILIES Elizabeth Pearce There is a great deal of discussion in this country about the politics , legality , and ethics of our immigration practices . In this text , we discuss some of the aspects that directly affect immigrant families and their who are living in the United States right now . As discussed in the Social Constructions chapter , laws have primarily been designed to foster inexpensive labor ( the immigrants ) to the existing landowners , business owners , and consumers already residing in the country . Regardless of employment status , wage , and purpose for coming to this country , these families have the same needs as other residents . In addition , they are navigating new structures such as the health care and insurance system , differing government practices , and perhaps a new language at the same time as they are caring for their children , accessing schooling , a place to live , and fostering healthy family routines . The authors view all families , regardless of tion status , as contemporary families in the United States , the subjects of this course and this textbook . We believe that the of each family in the is of value in and of itself . In addition , every family affects all the other families within the spheres of the neighborhood , the places of worship , the retail establishments , schools , parks , and employment . As we discuss the laws that affect immigrant families , and the ways in which employment Fig , 812 and citizenship practices reflect a lack of justice , think Representative at State Capitol about these families needs and rights just as you would for any other family . It is not only laws that work institutionally to foster immigration , but also businesses and corporations . In this excerpt of an article from The Conversation . applied research demonstrates how undocumented labor practices are encouraged . A Preference for the Undocumented

306 i REAL NEEDS , ALL FAMILIES by Lise Nelson , Associate Professor of Women , Gender , and Sexuality Studies and Associate of Geography , Pennsylvania State University REAL NEEDS , ALL 307 When we talk about how immigrant families affect other families in the United States we must understand that immigrant families are deeply interwoven into communities , schools , businesses , services , and all aspects of society . Kinship groups themselves can be mixed , made up of recent immigrants , citizens , indigenous , and citizens whose families have lived in the United States for hundreds of years . It difficult to unwind the complexity of these relationships , but it is critical to understand that we are intertwined and to continue to educate ourselves about these economic , familial , and societal relationships . Fig . Interwoven patterns are fascinating to study and complicated to understand . Licenses and Open Content , Shared Previously A Preference for Undocumented is from Trump wall ignores the economic logic of immigrant labor by Lise Nelson in The Conversation . License . Figure . Vietnamese members speak to Representative Gerry by . License . Figure . stars and interwoven steps by Ramson . License .