Racial and ethnic disparities weaken the credibility of a justice system that purports to treat everyone equitably. Across the country, juvenile justice systems are marked by disparate racial outcomes at every stage of the process, starting with more frequent arrests for youth of color and ending with more frequent secure placement.
Full Answer
What is the disparate treatment of minority youth in the justice system?
The Disparate Treatment of Minority Youth in the Juvenile Justice System In a nation that is based on notions of fairness and equality… The realization that our laws and justice system are often administered in a way that has a disproportionately harsh impact on youth of color is extremely troubling. In 1986:
Are disparities in the juvenile justice system getting worse?
While other levers in the juvenile justice system (such as processing in juvenile courts) are replete with disparate outcomes, most of those points of contact are no more disparate than they were 10 years prior. The growth in commitment disparities begins with the growth in arrest disparities.
How can we reduce racial disparities in commitments in juvenile justice?
Along with policing reform to respond to youthful behavioral issues without relying on high levels of arrests of youth of color, other actors in the juvenile justice system can decrease racial disparities in commitments. Prosecutors’ and judges’ decisions have not caused the increase in commitment disparities, but they also have not mitigated them.
How does the juvenile justice system affect youth?
Youth involved with the juvenile justice system often have mental health and/or substance abuse problems. These typically affect their academic performance, behavior, and relationships with peers and adults.
Why do juveniles get treated differently than adults?
Juveniles don't have all of the same constitutional rights in juvenile proceedings as adults do. For example, juveniles' adjudication hearings are heard by judges because youthful offenders don't have the right to a trial by jury of their peers. They also don't have the right to bail or to a public trial.
What are the major problems in the juvenile justice system?
In addition to the presence of disabilities that may be associated with school failure, truancy and delinquency, other contributing issues include: Limited access to effective mental health services. Inadequate or inappropriate school supports.
How juveniles are treated in the justice system?
For a juvenile who is adjudicated and whose petition is sustained (tried and convicted) in juvenile court, the offender can be placed on probation in the community, placed in a foster care or group home, incarcerated in the county's juvenile ranch or camp, or sent to the Youth Authority as a ward of the state.
What racial disparities exist in the juvenile justice system?
Minority youth disproportionately outnumber those who are white at every stage in the nation's juvenile justice system. According to the MacArthur Foundation, youth of color constitute approximately one-third of the adolescent population in the U.S. but two-thirds of incarcerated youth.
How does the juvenile justice system affect youth?
Youth involved with the juvenile justice system often have mental health23 and/or substance use disorders. These typically affect their academic performance, behavior, and relationships with peers and adults.
How has the juvenile justice system failed?
These failings within the juvenile justice system can be attributed to the lack of education, lack of support services and an inability to incarcerate the more serious juvenile offenders.
Why is dealing with youth offenders difficult?
Juvenile offenders have complex needs Although many of these problems (substance abuse, mental illness and/or cognitive disability) also characterise adult criminal justice populations, they can cause greater problems among young people, who are more susceptible—physically, emotionally and socially—to them.
What are the factors affecting juvenile delinquency?
Leading Contributing Factors To Juvenile DelinquencyPoor School Attendance. Poor school attendance is one of the top factors contributing to delinquency. ... Poor Educational Standards. ... Violence In The Home. ... Violence In Their Social Circles. ... Peer Pressure. ... Socioeconomic Factors. ... Substance Abuse. ... Lack Of Moral Guidance.
What is the main purpose of the juvenile justice system?
Juvenile justice in the United States is a collection of state and local court-based systems whose purpose is to respond to young people who come into contact with law enforcement and are accused of breaking the law.
How are youth of color treated differently than white youth in the juvenile justice system?
“Racial-ethnic disparities” describes many communities in the United States, in which youth of color experience the juvenile justice system differently from white youth. Youth of color are more likely to be arrested, detained, and confined than white youth, and are more likely to be tried as adults.
What is racial disparity in the criminal justice system?
Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group with- in the control of the system is greater than the pro- portion of such groups in the general population2.
How can we reduce racial disparities in the juvenile justice system?
To help reduce disparities at the arrest stage, as well as to reduce the number of overall arrests, many communities conduct training programs for law enforcement that help police to develop skills that enable more positive interactions with youth, particularly youth of color.
Why are youth involved in juvenile justice?
Some children and youth become involved with the juvenile justice system because they are accused of committing a delinquent or criminal act. Other youth come into contact with the system for status offenses—actions that are illegal only because of a youth’s age—such as truancy, underage drinking, ...
What are the outcomes of juvenile justice?
Many youth who come into contact with the juvenile justice system have experienced academic failure, disengagement from school, and/or school disciplinary problems. Academic outcomes for these youth are generally less positive than those of youth who do not come into contact with the system.
What is the fastest growing population in juvenile justice?
Gender. Girls are the fastest growing population entering the juvenile justice system today. Data continues to suggest that girls are less likely to be detained and committed than boys for most categories of delinquent offenses. Race and Ethnicity.
What are the most common mental health disorders in juveniles?
Youth in contact with the juvenile justice system experience higher prevalence rates across various types of mental health disorders. Disruptive disorders, such as conduct disorders and substance use disorders, are most common (46.5 percent); followed by anxiety disorders (34.4 percent); and mood disorders (18.3 percent), such as depression. 19.
What percentage of juveniles have mental health problems?
These typically affect their academic performance, behavior, and relationships with peers and adults. A high percentage of youth (65 to 70 percent) involved with the juvenile justice system have a diagnosable mental health disorder ...
What percentage of juveniles are adjudicated?
The majority of youth processed through the juvenile court are adjudicated (i.e., declared by a judge to be) delinquent, for most offenses. Approximately 57 percent of adjudicated youth are placed on probation. 5.
Is minority youth more likely to be detained?
Minority youth are overrepresented within—and treated differently by—the juvenile justice system compared to their white peers. Minority youth are more likely to be detained and committed than non-Hispanic whites. African-American youth have the highest rates of involvement compared to other racial groups.
How does being a youth of color affect juvenile justice?
Being a youth of color increases the likelihood of contact with the juvenile justice system at all decision points (Bechtold, Cauffman, & Monahan, 2011; National Research Council and Institute of Medicine, 2001 ). It also means overrepresentation, disparate treatment, unnecessary entry, and deeper movement into the system (Soler, 2014 ). The Relative Rate Index (RRI) is used by OJJDP to compare level of contact with the juvenile justice system as experienced by different groups of youth (OJJDP, n.d.b ). To assess DMC using RRI, the rate of whichever decision point is being assessed (such as referrals) for youth of color is divided by the rate at the same decision point (such as referrals) for White youth (McCarter, 2014 ). 2 If the RRI is equal, there is no disproportionality, if the RRI is less than 1 youth of color are underrepresented, and if the RRI is greater than 1 youth of color are overrepresented (McCarter, 2014 ).
Why are youth of color more likely to be referred to juvenile justice?
Because youth of color are typically underserved by the mental health system, they are more likely having to engage in behaviors that increase the likelihood of contact with the juvenile justice system. This outcome is highlighted in the child welfare system where Black and Hispanic youth are less likely than White youth to receive the specialty mental health services that might be needed to address their history of child abuse and neglect (Martinez, Gudiño, & Lau, 2013 ). For other youth, evidence has shown that it is not uncommon for youth with mental health disorders to be referred to the juvenile justice system in order to have their mental health needs met (Teplin, 2000 ). Such referrals may even be by local law enforcement who use the juvenile justice system as a primary referral source for juveniles with mental health needs (Grisso, 2004 ). Decreases in funding for, and accessibility to, mental health services has also caused many families to seek mental health services from the juvenile justice system (Chapman, Desai, & Falzer, 2006 ). Finally, research has demonstrated that court systems are much more likely to refer Black youth to the juvenile justice system and White youth to psychiatric facilities even when presenting with the same profile (Cauffman & Grisso, 2005 ).
What are the models for change?
MacArthur Foundation Models for Change Initiative launched in 2004 as a system-level approach to juvenile justice reform including racial and ethnic fairness and reducing DMC (Justice Policy Institute, 2017a ). Initial reform efforts included the four core states of Pennsylvania, Illinois, Louisiana, and Washington, but by 2014, a total of 35 states had been impacted, each of which had a goal of developing and implementing reform agendas (Justice Policy Institute, 2017a ). Models for Change also included The DMC Action Network, composed of additional state and local partners, and focused on types of specific juvenile justice reform (Justice Policy Institute, 2017c ). It was launched in 2007 and brought representatives from local jurisdictions together to learn from national experts and share their knowledge about ways to reduce DMC (Justice Policy Institute, 2017b ). For example, efforts in Pennsylvania have resulted in reducing DMC. In Berks County, Pennsylvania, between 2007 and 2011 the detention population decreased by 60%, as did the average daily detention population of Latino youth, from 26 to 10, and African American youth from 11 to 6 (Shoenberg, 2012 ). The county expanded responses to probation violations for youth on probation, incorporated linguistic and cultural competence trainings for staff, and began working more closely with the faith-based communities (Shoenberg, 2012 ).
What is the impact of DMC?
DMC most commonly is known to impact Black and Hispanic youth, but a closer look reveals how other youth of color are also impacted.
What is disproportionate minority contact?
Racial disparities in the juvenile justice system, more commonly known as disproportionate minority contact (DMC), are the overrepresentation, disparity, and disproportionate numbers of youth of color entering and moving deeper into the juvenile justice system. There has been some legislative attention to the issue since the implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) and most recently with attempts in 2017 to reauthorize the Act. Originally focused solely on confinement, it became clear by 1988 there was disproportionality at all decision points in the juvenile justice system, and the focus changed to contact. DMC most commonly is known to impact Black and Hispanic youth, but a closer look reveals how other youth of color are also impacted. Numerous factors have been previously identified that create DMC, but increasingly factors such as zero-tolerance in schools and proactive policing in communities are continuing to negatively impact reduction efforts. Emerging issues indicate the need to consider society’s demographic changes, the criminalization of spaces often occupied by youth of color, and gender differences when creating and implementing strategies to reduce DMC.
What is the relationship between education and juvenile justice?
The negative relationship between the education and juvenile justice systems, often called the school-to-prison pipeline (Christle, Jolivette, & Nelson, 2005 ), has been characterized as encompassing policies and procedures used in educational settings that often lead to a juvenile being arrested (Mallet, 2016 ). Youth who are receiving special education services are at a higher risk of juvenile justice system contact. They are expelled and receive out-of-school suspensions at much higher rates than youth who are not receiving services (Kang-Brown, Trone, Fratello, & Daftary-Kapur, 2013 ). Notably, youth who receive special education services are also more likely to recidivate once they are in the juvenile justice system (Barrett, Katsiyannis, & Moore, 2015 ). Unfortunately for Black youth, whether they are receiving special education services or not, they have an increased likelihood of being expelled or suspended when compared to White youth, and their expulsions or suspensions serve as risk factors for contact with the juvenile justice system (Barrett, Katsiyannis, & Moore, 2015 ).
What is the relationship between juvenile justice and child welfare?
The relationship between child welfare and juvenile justice can be attributed to a number of factors. Many children in child welfare are there due to a history of abuse and neglect, both of which are risk factors for engaging in delinquent behavior (Ryan, Chiu, & Williams, 2011 ).
Why is juvenile justice so difficult to study?
The intricacies of racial disparities in the juvenile justice system are difficult to study because of the close relationship between crime and many of the social factors affecting communities in which minority youth are likely to be raised.
What is the juvenile justice system?
Although the juvenile justice system is deemed to focus on the rehabilitation of youth and their successful reintegration into their communities , data have shown that justice-involved youth face grave consequences in the long term.
What is the JJDP Act?
Beginning in 1974, Congress enacted the Juvenile Justice and Delinquency Prevention (JJDP) Act, which led to the supportive role of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to help local and state agencies prevent delinquency and improve the juvenile justice system. In 1988, the JJDP Act was amended to demand that state and local agencies monitor and assess disproportionate minority confinement. Subsequently, in 1992, disproportionate minority confinement was elevated as a core requirement, resulting in 20 percent of federal formula funds being withheld from states that did not comply. Most recently, the Act was amended in 2001 to broaden the matter of racial disparities from disproportionate minority “confinement” to disproportionate minority “contact” as more evidence demonstrated that racial disparities were present at every level of processing within the juvenile justice system. 6
When was the JJDP Act amended?
In 1988, the JJDP Act was amended to demand that state and local agencies monitor and assess disproportionate minority confinement. Subsequently, in 1992, disproportionate minority confinement was elevated as a core requirement, resulting in 20 percent of federal formula funds being withheld from states that did not comply. ...
When was the racial disparity act amended?
Most recently, the Act was amended in 2001 to broaden the matter of racial disparities from disproportionate minority “confinement” to disproportionate minority “contact” as more evidence demonstrated that racial disparities were present at every level of processing within the juvenile justice system. 6.
What is manifest injustice in Washington?
Washington State's manifest injustice provision permits judges to weigh whether a juvenile's disposition within the standard sentencing range would be considered a manifest injustice and authorizes judges to impose a disposition outside the standard range.
Do minorities have lower incomes than whites?
Minorities are more likely to have lower income than whites ; therefore, minority children are more likely to live in low-income households. 26 Given the racial disparities within the justice system, minority children are often faced with parental incarceration and family separation.
How does cultural understanding affect juvenile justice?
It can further youths’ penetration into the system in a number of ways, such as by harming their ability to effectively participate in the court process, limiting their ability to understand and communicate effectively with probation officers, and lessening their ability to connect with and succeed in community-based programs. Effective communication and cultural understanding are prerequisites to a fair, efficient, and effective justice system and can help to reduce the disproportionality of youth of color in the system. Below are a few ways to enhance these competencies.
How do structured decision making tools help?
Objective, structured decision-making tools, [13] such as detention risk assessment instruments, help intake staff make objective decisions regarding whether to recommend detaining a youth based on criteria such as prior failure to appear, current charges, and previous violations of conditions of release. By reducing individual discretion, structured decision-making tools can help to mitigate unconscious bias and reduce racial and ethnic disparities. Several jurisdictions in Pennsylvania implemented objective assessment tools that contributed to reduced use of out-of-home placements for all youth, including youth of color. [14] Many other localities have reduced out-of-home placements and racial and ethnic disparities in the system by implementing structured decision-making tools:
What are the racial and ethnic disparities in juvenile justice?
Racial and ethnic disparities are a pervasive attribute of the juvenile justice system. Along with disparities in which youth get transferred to the adult system, commitments are the residue of disparities that grow at each stage of the justice system.
How many times more likely are African American juveniles to be committed to secure placements than white juveniles?
As states vary in their racial and ethnic disparities, so too do regions within states. Nationwide, African American juveniles were more than four times as likely to be committed to secure placements as were white juveniles.
How many times more likely are Indians to be committed than whites?
Nationwide, American Indian youth were nearly four times as likely as white youth to be committed. In three states (Minnesota, Illinois and Vermont), the American Indian/white disparity is more than ten-to-one, meaning that American Indian youth are more than 10 times as likely as white juveniles to be committed.
How many times more African Americans were committed in 2003 than in 2013?
In 2003, African American youth were 3.7 times as likely as white youth to be committed; by 2013, that ratio had grown to 4.3, a 15 percent increase in the disparity. Between 2003 and 2013, 33 states and the District of Columbia had higher black/white commitment disparities than 10 years before, and 17 states saw decreases or no changes.
How many states have a black/white disparity?
In six states (Utah, New Hampshire, New Jersey, Connecticut, Wisconsin, and Rhode Island), the black/white disparity was more than ten-to-one, meaning that African American juveniles were more than 10 times as likely as white juveniles to be committed to secure facilities.
Is the black/white disparity understated?
Moreover, the black/white disparity is probably understated. Because most Hispanic youth are white, Hispanic youth in contact with the justice system are mostly categorized as white, increasing the number of white youth and artificially decreasing the disparity between white and black youth.
Is juvenile justice more disparate than prior years?
While other levers in the juvenile justice system (such as processing in juvenile courts) are replete with disparate outcomes, most of those points of contact are no more disparate than they were 10 years prior. The growth in commitment disparities begins with the growth in arrest disparities.