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4 Fatima Agha AI-Hayani Arabs and the American Legal System: Cultural and Political Ramifications Racism and discrimination against various groups have been prevalent in American society . The extent varies and so does its impact. During certain periods in our history, prejudice and discrimination seem to diminish; however, it would be naive to presume that they have been eliminated. Instead, it would be a fair assumption to accept the fact that prejudice and its consequences, although latent, do exist and affect the lives of many people in different forms and in varied degrees. Many works and studies have addressed the problems faced by Arabs in the United States and the vilification practices against them.1 Such vilification is detrimental to the psychological and emotional well-being of all Arabs. In some cases, this negative attitude may transmit to the work place and produce injurious results, but does the problem run much deeper than that?2 Aside from suffering the humiliation of name calling, the emotional trauma resulting from some form of harassment, and the fear of attack, there may be other, more serious repercussions that affect the Arab in various situations and circumstances. Cultural differences along with the political occurrences relating to the Middle East have adversely affected the Arab community. Moreover, one must ask whether a correlation exists between the barrage of negative stereotypes triggered by the involvement of the United States in the Middle East and the rendering of justice in American courts} How do other areas dealing with the law, such as child custody, domestic violence, the police, and insurance coverage, affect the rendering of just and equitable practices for Arabs? How do Arabs contribute to this situation themselves? Does the behavior of some of them affect other Arabs as they face the law? Does the legal system affect them the same as it does non-Arabs who face the same problems? How much do they understand the laws and the mechanics of the legal system, the welfare system, the cultural and societal practices in this country? It is true that injustice sometimes knows no color, race, or creed. It can happen to all, but does it affect the Arab more harshly than the average American? 70 FATIMA AGHA AL-HAYANI This chapter concentrates on the Arabs in the Detroit and Toledo areas. I sought information from lawyers who represent Arab clients, social workers who deal with an Arab population and other ethnic groups, insurance agents and their perspective on issues pertaining to Arab clientele, and civic and religious leaders of both communities. I also investigated the concerns within the schools where students with Arabic backgrounds attend and the programs offered to help such students in solving their particular problems. Background There are approximately 200,000 Arabs in the Greater Detroit and Toledo area.4 They come from various countries in the Middle East, with a large number coming from Iraq, Lebanon, Syria, and Yemen. The biggest concentration is in Dearborn, Michigan, where the major population is Arab. Although there are second- and third-generation Arabs there, many are first-generation immigrants. Whereas the first immigrants tended to assimilate and adopt some aspects of the American culture and language,5 the new immigrants tend to congregate with their own groups and feel reluctant to integrate and assimilate, because they believe that to assimilate is to lose one's culture and one's identity.6 Many only speak Arabic and understand very little English, even though they have lived in the United States for many years. This may not seem important to some, but such situations have created problems for the Arabs and for those involved in the legal system, the insurance agencies, the social services, and the schools. The Court System In the administration of justice in the courts, many Arabs and their lawyers believe that adverse publicity in the media that portrays Arabs and Muslims in a negative way has hindered a fair judgment in jury trials. In many cases of sexual assault when Arab men are the accused and the accuser is not, the chances of a conviction are much higher than the average. Although no documented statistics based on ethnicity are available, many Arab lawyers agree that they prefer to plea-bargain a case or revert to a bench trial in most situations rather than risk a conviction.7 According to some lawyers and some Arab leaders in the Dearborn and Detroit area, Arabs receive harsher sentences than non-Arabs for similar crimes. The...

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