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Mexican Americans and the Administration of Justice in the Southwest

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Mexican Americans and the Administration of Justice in the Southwest DOCUMENT RESUME ED 044 479 UD 011 056 TITLE Mexican Americans and the Administration of Justice in the Southwest. INSTITUTION Commission on Civil Rights, Washington, D.C. PUB DATE Mar 70 NOTE 138p. AVAILABLE FROM Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 ($1.25) EDRS PRICE EDRS Price MF-$0.75 HC Not Available from EDRS. DESCRIPTORS *Administrakive Agencies, Bias, Court Litigation, Equal Protection, Federal Laws, *Law Enforcement, *Mexican Americans, *Racial Discrimination, Social Discrimination IDENTIFIERS *Commission on Civil Rights, Southwestern United States ABSTRACT The Commission on Civil Rights undertook this study against a background of written complaints and allegations that Mexican Americans in the Southwest were being subjected to discrimination by law enforcement agencies, and in the process of administration of justice. The objective was to find what, if any, factual basis exists for these allegations. The Commission staff attorneys conducted field investigations in 1967-68, in which they interviewed 450 people. Two State Advisory Committee meetings were also held. California Rural Legal Assistance, Inc., was contracted to study service by Mexican Americans on grand juries. In addition, law enforcement agencies in five states were sent questionnaires. The Commission rerotts that there is widespread evidence that equal protection of the law in the process of administration of justice is being witheld; Mexican Americans are reportedly subject to unduly harsh treatment by law enforcement officers, often arrested on insufficient grounds, and receive physical and verbal abuse and penalties which ate considered disproportionately severe. The Commission also finds Mexican Americans are deprived of proper use of bail and of adequate representation by counsel. on grand and petit juries, they are substantially underrepresented and excluded from full participation in law enforcement agencies. The lannuage problem is also held to contribute to difficulties in the equit4)1e administration of justice to Mexican Americans. (JW) mexican americans and the administration of justice in the southwest United States Commission on Civil Rights March 1970 Y S INAIrtmtIrt et mtALtn./OveAtio* I vonfAlit "Psi Of Mt 0, I butAti011 1)+XWE11 Put Mit 04 PRODuCtO Lath, Al Otarde P 11OM twt 1004 etti OftAto2AtitA 011414Atilft It watt Of ititV, OR 01,011004 SIAM DO Ka trtat Watt letM4106 Of nem, °Fitt Of Mt CA1004 POStroOsi OR FMK, for sole by tit* Soostintoodent of Doh/monis, U.S. Octtoroont Printing MO washington. D.C. 20402Pr!:.4 $1.8 Tim U.S. COMMISSION ON Cruz Riewrs Washington, D.O AI arch 1910 THE PRESIDENT Tim PRESIDENT OF TILE SENATE THE SPEAKER OF rain HOUSE OF REPRESENTATIVES SIRS: The Commission on Civil Rights presents this report, to you pursuant. to Public Law 85415 as amended. Under authority vested in this Commission by the Civil Rights Act of 1967 as amended, we have appraised allegations that American citizeas of Mexican descent in five Southwestern States are being denied equal protection of the law in the administration of justice. We have found, through extensive field investigations during 1967 and 1968, three State Advisory Committee meetings in 1968, and a Commission hearing in 1968, all in that section of the country, that there is widespread evidence that equal protection of the law in the administration of justice is being withheld from Mexican Americans. Our investigations reveal that Mexican American citizens are subject to unduly harsh treatment by law enforcement officers, that they are often arrested on insufficient grounds, receive physical and verbal abuse, and penalties which are disproportionately severe. We have found them to be de- prived of proper use of bail and of adequate representation by counsel. They are substantially underrepresented on grand and petit juries and excluded from full participation in law enforos- rnent agencies, especially in supervisory positions. Our roAarch has disclosed that the inability to communicate between Spanishspeaking American citizens and English-speaking Officials has complicated the problem of administering justice equitably. We urge your consideration of the facts presented and of the recommendations for corrective action in order to azure that all citizens enjoy equal protection as guaranteed by the Constitution of the United States. Reepactfully yours, Rgy.ilit000ss M. Monson, 08.0. Nieman. EITZPIM Hoax, rice Clotroon Falk/1111 fit. Pitt VAN Ittoroo P. OkketA, M.D. MAVItelt D. limos:IL Rank? 8. Ruian liowaso A. ()menus, 8faA nktrior. 'No lower member of the 0001/411006. lit PREFACE The U.S. Commission on Civil Rights under- took this study against a background 03 written complaints and allegation? at Commission hear- ings and at meetings of the Commission's State Advisory Committees that Mexican Americans' in the Southwest' were beilg subjected to dis- crimination by agencies of law enforcement and in the administration of justice.' The alleged discrimination included physical and verbal abuse and harassment by law enforcement offi- cers; exclusion from grand and petitjuries; improper and discriminatory use of bail; lack of and inadequate representation by counsel; arid employment of disproportionately low num- bers of Mexican Americans in law enforcement agenciespartkularlyinhigherranking positions. The objective of this Commission study was to determine what, if any, factual basis existed for these allegations. In the course of the study, Commission staff attorneys conducted field in- vestigations beginning in the latter part of 107 I The term "Malan Americas" refers to persons living In the united States who are tbemsetves ot Ideas oelgls or whoa* parents or more remote ancestors came to the United State: from Itetico or whose antecedents resided In those parts of the Southwestern United States which were once part of the Matron Nation. mi. Is the most common devilment,' used ht the Southwestern :dates, Others are "Spanish Awe -ter.s," "Letts," and "Lolls Americas." The term "Spanish% tunneled oe surname" to used In this etoort where material is from a *emitter? source which saes this term or In based on the 1960 Census of Population of the United States which seed this teem to designate persons with Spanish surnames, to the Southwesters Statd, the vast balk of this group Is Medan Americus. The term "Anglo" is used In this report, as It Is Is the South- west, to refer to white ;herons who are not Unless Ateerichks or members of spottier Spanish surnamed group. The term has no &relators coaootatious as used In the Southwest or In this report. 9 Arisons, California, Colorado, New Melt .ho, and ..etas. *Sheilah 101(0(2) and (2) of the MU Rights Act of 1921, (11 Stat. 634), as amended, geotide : flee. 184. (a) The Commionlos shall -- It) Audi and collect Information eoncerttiog legal dettiopinests coustitetlag a denial of eine/ protection atthe laws inlet the CoostitstIon beets*. of tam color, religion, or national oriels, or is the adaisistrallon of Justice; (I) appraise the laws sad policies et the federal Opt- eminent with reepect to denials of meal peotectios of thelaws islet the Constitution bum* of We, color, or national Dries, or In lb* administration of gulden. Price mutts of the Commission dealing with the idalsistra- Ma of Justice Wade /sake, Vol. a felt Statatote Method: Cirft Right.: laterite Resort of the U.S. Causalities en COO Stilts (till); and Law Satorerstrat:1 Report oe Reset Protection in the Soon (SM). Reports of the Cowbirds:4'v State Advisore Committees which deal with this rakes Is. els& : Report oit CoNforwis: Police-Mises-My Ores, Rektriest, Jeff; Potire-cvmasisIty Rtraffens ft Prortedittwois (till); the A toitalstrattot Issttce to Starr Neat?, fetal (tiat); Smployment, Afottoineetion ej /Natio, est Reelth Serifeet M Ifemphirthellp Cesstp, froteretre (riat); Mil Ripple ft Oakland, Caltionsie (sell). and continuing in 1968, in which they inter- viewed approximately 450 persons in Arizona, California, Colorado, New Mexico, and Texas. Persons interviewee included law enforcement officers, probation officers, prosecuting attorleys, judges, public defenders, attorneys in private practice, leaders of Mexican American orga- nizations, and private citizens. Two State Ad- visory Committee nioctings were held in 1968 in New Mexico specifically to gather information for this study. At these meetings 46 persons, including law enforcement offcers, attorneys, and private citizens made statements and were questioned by Committee members and staff. A similar State Advisory Committee meeting was held in California in August 1968, at which 21 persons appeared. At a Commission hearing held in San Antonio, Texas, in December 1968, which dealt exclu- sively with the problems of Mexican Americans, sworn testimony was received from 17 witnesses, including private citizens, law enforcement of- ficers, and attorneys, concerning the administra- tion of justice. The resources cf the Commission did not per- mit a comprehensive survey in response to al- legations of exclusion of Mexican Americans from juries. The Commimion, however, con- tracted with the California Rural Legal Assist- anus Ina (CRLA), for a study of service by Mexican Americans on grand juries in selected California counties. The CRLA report, which is printed as an appendix to this report, is sum- marized in the text. A questionnaire was !nailed to 793 law en- forcement agencies in the Eve States, including nine State agencies, 168 county sheriffs' offices,
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