Professional Documents
Culture Documents
Justice For Some
Justice For Some
SOME
FOR
Differential Treatment
of Youth of Color
in the Justice System
JANUARY 2007
NATIONAL COUNCIL ON
CRIME AND DELINQUENCY
TA B L E O F C O N T E N T S
Executive Summary 1
Introduction 4
Methodology 5
Arrest Data 6
Juvenile Court Processing 8
Referrals 8
Detention Data 11
Formal Processing 13
Waiver to Adult Court 16
Disposition 20
The State Perspective 23
Incarceration in Juvenile Corrections 25
The National Perspective 25
The State Perspective 30
Incarceration in Adult Corrections 34
The National Perspective 34
The State Perspective 35
Conclusion 37
References 38
T
he overrepresentation of people of color in Unfortunately, research in this area specific to Latino
the nation’s prisons, particularly African youth is scant. Although there is evidence of
American men and women, has received disproportionate representation of Latinos in the
much attention in recent years. The dispro- juvenile justice system, gaps and inconsistencies in the
portionate representation of racial or ethnic minorities collection and presentation of information on Latinos
is also found in all stages of the juvenile justice system. continue to be a problem. Since many data systems
fail to disaggregate ethnicity from race, Latino youth
While public attention has tended to focus on the dis- are often counted as “White.” As a result, data on the
proportionate number of youth of color in confine- extent to which young people of color are overrepre-
ment, this overrepresentation is often a product of sented in the juvenile justice system are generally
actions that occur at earlier points in the juvenile jus- underreported in much of the analysis of this issue.
tice system, such as the decision to make the initial
arrest, the decision to hold a youth in detention pend- It is clear that youth of color are more likely than
ing investigation, the decision to refer a case to juve- others to become involved with the juvenile justice
nile court, the decision to waive a case to adult court, system. Racial or ethnic differences tend to accumu-
the prosecutor’s decision to petition a case, and the late as youth are processed through the system. This
judicial decision and subsequent sanction. report updates a 2000 report entitled “And Justice for
Some: Differential Treatment of Minority Youth in the
Some have argued that this overrepresentation of Justice System,” published by the National Council on
youth of color in the justice system is simply a result Crime and Delinquency (NCCD) in collaboration
of those youths committing more crimes than White with Building Blocks for Youth. It documented
youth. However, a true analysis is much more compli- “cumulative disadvantage” at the national level.
cated. It is not clear whether this overrepresentation is We are indebted to Mark Soler, President of the Youth
the result of differential police policies and practices Law Center, for suggesting that NCCD produce the
(targeting patrols in certain low-income neighbor- first report, and for his support throughout the
hoods, policies requiring immediate release to biologi- report’s assembly. The original report from 2000 was
cal parents, group arrest procedures); location of drafted by Eileen Poe-Yamagata and Michael Jones.
offenses (African American youth using or selling This update was drafted by Christopher Hartney and
drugs on street corners, White youth using or selling Fabiana Silva.
drugs in homes); different behavior by youth of color
(whether they commit more crimes than White Arrests
youth); different reactions of victims to offenses com-
• In 2004, the majority of juvenile arrests were
mitted by White and youth of color (whether White White youth.
victims of crimes disproportionately perceive the
• In 2004, African American youth were disproportionately
offenders to be youth of color); or racial bias within
arrested in 26 of 29 offense categories documented by
the justice system. In a meta-analysis of studies on
the FBI.
race and the juvenile justice system, researchers found
that about two-thirds of the studies of disproportion-
ate minority confinement showed negative “race Referrals to Juvenile Court
effects” at one stage or another of the juvenile justice • In 2003, the overall majority of cases referred to juvenile
process (Pope, Lovell, & Hsia, 2002). court involved White youth.
• African American youth were overrepresented among
cases referred to juvenile court.
Accumulated Disadvantage
From 2002 to 2004, African Americans were:
• 16% of youth.
• 28% of juvenile arrests.
• 30% of referrals to juvenile court.
• 37% of the detained population.
• 34% of youth formally processed by the juvenile court.
• 30% of adjudicated youth.
• 35% of youth judicially waived to criminal court.
• 38% of youth in residential placement.
• 58% of youth admitted to state adult prison.
T
here has been growing national concern about juvenile justice system or more serious and/or more
the overrepresentation of youth of color frequent offenses being committed by youth of color
(traditionally defined as African Americans, (see Hsia, Bridges, & McHale, 2004). Determining
Native Americans, Latinos, Asians, and Pacific whether either or both of these phenomena are the
Islanders) confined in secure facilities. Research has reason for disparity requires analysis of detailed data
shown that youth of color, and in particular African on specific offense classifications, criminal history,
American youth, are confined in public correctional and other factors used to make decisions. Studies such
facilities at higher rates than White youth. as this suggest that processing decisions are not racial-
ly neutral. Youth of color are more likely than White
The disproportionate minority contact (DMC) youth to become involved in the system, and their
requirement of the Juvenile Justice and Delinquency overrepresentation increases at each stage of the
Prevention Act (JJDPA) of 2002 urges states to process.
improve juvenile delinquency prevention efforts and
to reduce the disproportionate number of juvenile When racial or ethnic differences are found, they tend
members of minority groups in the system. The aim of to accumulate as youth are processed through the
this requirement is to ensure equal and fair treatment system. This “cumulative disadvantage” is reflected in
for every youth regardless of race and ethnicity. a 1997 report on DMC which found that overrepre-
sentation increased from the point of arrest through
Although public attention has focused on the dispro- other points in the system to the final point of secure
portionate number of youth of color in confinement, juvenile corrections in 31 of 36 states studied
it is necessary to view the justice system as a process. (Hamparian & Leiber, 1997). A 2005 report by the
Representation of youth of color can be examined Child Welfare League of America compiled evidence
as a series of critical decision points as youth move of this phenomenon among different ethnic groups
through the system. Amendments to the JJDPA (Short & Sharp, 2005). This NCCD report updates a
required states to assess disproportion by systemati- 2000 report entitled “And Justice for Some:
cally identifying the extent of overrepresentation of Differential Treatment of Minority Youth in the
youth of color at each decision point in the process. Justice System,” published by NCCD in collaboration
This systematic approach views the overall process with Building Blocks for Youth, which documented
that creates overrepresentation rather than focusing the cumulative disadvantage African Americans at the
only on the end result of confinement. national level.
Depending on local practices and traditions, states As expected, much of the existing research on DMC
and communities can differ in the way that they has primarily focused on disparity in the processing
process juvenile law violators. However, a common of youth through the juvenile justice system and the
set of critical decision points—arrest, intake, deten- disproportionate confinement of youth of color while
tion, adjudication, and disposition—have become the under juvenile court jurisdiction. However, with leg-
basis for research on system overrepresentation of islative efforts in the past two decades to “get tough”
youth of color. on serious and violent juvenile offending, significant
numbers of juveniles are being processed through
Studies that have found evidence of disproportionate adult criminal courts. Currently, all states and the
minority confinement typically ascribe its causes to District of Columbia allow adult criminal prosecution
either racial bias against youth of color within the of juveniles under some circumstances. In addition,
T
type or criminal history. his report presents several sources of data and
draws from both original and previously pub-
As a result, the reality of disproportionate numbers of lished analysis. Population estimates from the
youth of color flowing through the juvenile justice National Center for Health Statistics were obtained
system is no longer just about juvenile court sanc- through Easy Access to Juvenile Populations
tions. It is also about youth of color being too often (Puzzanchera, Finnegan, & Kang, 2006). National
subjected to adult court processing and incarceration estimates of juvenile arrest data derived from the FBI’s
in adult jail and prison, with all of its collateral conse- Uniform Crime Report (UCR) Program were obtained
quences and obstacles to reentry. from Easy Access to FBI Arrest Statistics, 1994-2004
(Puzzanchera, Adams, Snyder, & Kang, 2006) and
Unfortunately, research in this area specific to Latino Crime in the United States 2004 (U.S. Dept. of
youth is scant. Although there is evidence of dispro- Justice, 2006a). Analysis of juvenile court data was
portionate representation of Latinos in the juvenile performed using national estimates developed by the
justice system, gaps and inconsistencies in the collec- OJJDP National Juvenile Court Data Archive and dis-
tion and presentation of information on Latinos con- tributed through the data presentation and analysis
tinue to be a problem. Since many data systems fail to package, Easy Access to Juvenile Court Statistics,
disaggregate ethnicity from race, Latino youth are 1985-2003 (Stahl, Finnegan, & Kang, 2006). The
often counted as “White.” As a result, data on the juvenile corrections data came from OJJDP’s Census
extent to which young people of color are overrepre- of Juveniles in Residential Placement (Sickmund,
sented in the juvenile justice system are generally Sladky, & Kang, 2005), the Juveniles Taken into
underreported in much of the analysis of this issue. Custody Research Program (DeComo, 1993; Krisberg,
DeComo, Rudenstine, & Del Rosario, 1995), and the
In recent years, there has been a decrease in the num- OJJDP report, Juveniles in Corrections (Sickmund,
ber of youth in the juvenile justice system. From 1997 2004). Analysis presented on juveniles in adult cus-
to 2004, juvenile arrests decreased 22%. From 1997 tody was derived from the Bureau of Justice Statistics’
to 2003, referrals decreased 11% and placements in National Corrections Reporting Program, 2002 (U.S.
residential facilities decreased 8%. The biggest change Dept. of Justice, 2006b). Additional information was
occurred in the number of new admissions to state obtained from OJJDP’s Juvenile Offenders and
prison; between 1997 and 2002, this number Victims: 2006 National Report (Snyder & Sickmund,
decreased 45%. This signified a large turnaround 2006).
from previous years. Between 1985 and 1997, the
number of youth admitted to state prisons had more Generally, “disproportionate minority contact” refers
than doubled from 3,400 to 7,400. Nevertheless, this to the differential representation of racial and/or eth-
nic groups in the juvenile justice system. As described
P
of color); or racial bias within the justice system. In
olice are typically the first officials of the justice
addition, in a meta-analysis of studies on race and the
system that a youth encounters. Responses
juvenile justice system, researchers have found that
range from a simple warning, to arrest and
almost three-quarters of the studies of disproportion-
detention, to transfer to adult court.
ate minority confinement showed negative “race
effects” at one stage or another of the juvenile justice
At arrest, law enforcement officials decide to either
process (Pope, Lovell, & Hsia, 2002).
send a case further into the justice system or to divert
it, often into alternative programs. In 2003, 71% of all
Estimated
Number of Asian and
Juvenile African American Pacific
Offense charged Arrests, 2004 White American Indian Islander
M
ost delinquency cases are referred to juve- A growing number of states have adopted legislation
nile court by law enforcement while others to exclude certain serious crimes from the jurisdiction
are made by parents, victims, schools, and of juvenile court and send them directly to adult court
probation officers. At court intake, a decision is or to increase the discretion of prosecutors to directly
made—typically by either juvenile probation or a file certain cases in adult court. In such circumstances,
prosecutor’s office—to dismiss the case, handle the the case commences with charges brought in adult
matter informally, or request formal intervention by criminal court.
the juvenile court.
The following sections identify racial disparities as
During the processing of a case, a youth may be held youth are processed through juvenile court, including
in a secure detention facility if this is determined to be referral, detention, formal petition, waiver to adult
in the best interest of the child or the community. court, and disposition. As stated previously, attempt-
While an initial decision to detain may be made by ing to explain racial disparity without more detailed
probation or detention workers, a detention hearing data is inappropriate.
must follow (generally within 24 hours) to determine
the need for continued detention. Referrals
After arrest, a decision is made to refer the case to
If the case is handled in juvenile court, a petition is
juvenile court or handle it in some other way, such as
filed to either adjudicate or judicially waive the youth
dismissal or diversion. In 2003, of the estimated
to adult court. A delinquency petition results in an
1,628,822 delinquency cases referred to the nation’s
adjudicatory hearing in which a juvenile court judge
juvenile courts in 2003, 67% involved White youth,
determines the responsibility for the offense after wit-
30% involved African American youth, and 3%
nesses are called and the facts of the case are present-
involved youth of other races. Nevertheless, African
ed. A waiver petition results in a judicial hearing
American and Native American youth were referred
involving a review of the facts of the case and a deter-
to juvenile court at significantly higher rates than
mination of probable cause that the young person
White youth. White youth were referred to juvenile
committed the act. The court must then consider
court at a rate of 4,431 per 100,000 youth, compared
whether juvenile court jurisdiction should be waived
to 9,633 for African American youth and 5,409
and the case transferred to criminal court.
Native American youth. Though females were
referred to juvenile court at lower rates than males,
An adjudication of delinquency is followed by a dis-
the pattern of disparate representation remained
position hearing. At this time a disposition plan is
(Figure 1).
made by probation, and recommendations may be
presented to the judge who orders the disposition in
the case. Dispositions may include a variety of servic-
es and sanctions including probation, residential
placement (publicly or privately operated), substance
abuse treatment, or other sanctions such as weekend
detention, community or victim restitution, or coun-
seling. Transfer to adult court is followed by trial and
sentencing in that court.
16,000
13,973
14,000
12,000
10,000
8,000 7,373
6,365
6,000 5,158
4,000 3,390
2,396 2,391
2,000
839
-
Male Female
Note: The rate is the number of youth referred to juvenile court, per 100,000 juveniles age 10 through the upper age of
jurisdiction in the general population of each state.
Source: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006). Easy Access to
Juvenile Populations [Online analysis package] OJJDP (2006).
Figure 2: Racial Proportions of the Juvenile Population and of Referrals to Juvenile Court, 2003
90%
Referrals
70% 67%
60%
50%
40%
30%
30%
20%
16%
10%
4%
1% 2% 1%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
Easy Access to Juvenile Populations [Online analysis package] OJJDP (2006).
Racial representation varies according to offense type centage of person crimes (38%) than drug crimes (22%).
(Table 2). White youth represent a higher percentage Nevertheless, compared to their population figures,
of drug offenses (76%) than person offenses (60%); White youth are underrepresented and African
in contrast, African Americans represent a higher per- American youth are overrepresented in every category.
Figure 3a: Racial Proportions of Referred and Detained Delinquency Cases, 2003
Person Offenses
70%
60%
60% Referred
55%
Detained
50%
42%
40% 38%
30%
20%
10%
1% 1% 1% 2%
0%
White African American Native American Asian and Pacific Islander
Property Offenses
80%
69% Referred
70%
61% Detained
60%
50%
40%
35%
30% 28%
20%
10%
2% 1% 2% 2%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
70% Referred
62% Detained
60%
50%
40%
36%
30%
22%
20%
10%
1% 1% 1% 1%
0%
White African American Native American Asian and Pacific Islander
63%
Detained
60%
50%
40%
34%
30%
30%
20%
10%
1% 2% 1% 2%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
African Amerian youth are more likely than White major offense categories as well. For youth charged
youth to be detained pretrial, even when charged with comparable offenses—whether person, property,
within the same offense category. drug, or public order offenses—youth of color,
especially African Americans and Asian and Pacific
Overall, detention was used more often for referred Islanders, were locked up more often than White
African American youth (25%) and Asian and Pacific youth. Cases involving African American youth were
Islander youth (26%), than for referred White youth more than twice as likely to be detained for a drug
(18%) (Figure 4). This was true among each of the four offense than White youth (31% and 15%, respectively).
23%
28%
Person
26%
36%
15%
21%
Property
12%
19%
15%
31%
Drug
13%
21%
21%
25%
Public Order
28%
30%
18%
25%
Total
19%
26%
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
80%
50%
40%
34%
30%
30%
20%
10%
2% 1% 1% 1%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
The largest difference between the racial proportions drug offense cases (69% vs. 76%), while African
of referred and petitioned cases was among drug American youth were a larger proportion of petitioned
offense cases (Table 3). In these cases, White youth than referred drug offense cases (29% vs. 22%).s
were a smaller proportion of petitioned than referred
Overall, delinquency cases were petitioned more often ing difference was among drug offense cases. In 2003,
among cases involving African American youth (64%) about three in four (77%) drug offense cases involv-
and Asian and Pacific Islander youth (60%) than ing African American youth were formally processed
White youth (54%) in 2003 (Figure 6). This was true compared to about one-half of cases involving White
for each of the four offense categories. The most strik- youth (54%).
56%
66%
Person
55%
67%
52%
62%
Property
50%
53%
54%
77%
Drug
48%
59%
54%
62%
Public Order
60%
68%
54%
64%
Total
53%
60%
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
Person Offenses
70%
60%
56% Petitioned
53%
Waived
50%
43%
42%
40%
30%
20%
10%
2% 2%
1% 1%
0%
White African American Native American Asian and Pacific Islander
Property Offenses
80%
73%
70% Petitioned
65%
Waived
60%
50%
40%
31%
30%
24%
20%
10%
3%
2% 2% 0%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
69% Petitioned
70%
Waived
60% 58%
50%
41%
40%
30% 29%
20%
10%
1% 1% 1% 0%
0%
White African American Native American Asian and Pacific Islander
80%
70%
70% Petitioned
64%
Waived
60%
50%
40%
33%
30% 28%
20%
10%
1% 2% 2%
0%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
1.2%
1.3%
Person
2.2%
2.0%
0.7%
0.5%
Property
1.2%
0.2%
0.7%
1.2%
Drug
1.0%
0.0%
0.2%
0.2%
Public Order
0.3%
0.0%
0.7%
0.8%
Total
1.2%
0.5%
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
80%
50%
40%
35%
30% 30%
30%
20%
10%
2% 2% 2% 2%
1% 1%
0%
White African American Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
Figure 10: Percent of Adjudicated Delinquency Cases Placed Out of the Home by Race, 2003
25%
28%
Person
38%
37%
21%
26%
Property
32%
29%
16%
32%
Drug
23%
20%
24%
27%
Public Order
32%
34%
22%
27%
Total
33%
31%
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
Adjudicated delinquency cases involving White juve- likelihood of probation was most pronounced among
niles (63%) were generally more likely to result in for- adjudicated drug offense cases. In 2003, 67% of adju-
mal probation than were cases involving either dicated drug offense cases involving White youth
African American youth (62%) or youth of other resulted in probation compared to 58% of cases
races (58%) in 2003 (Figure 11). The difference in the involving African American youth.
65%
64%
Person
54%
62%
65%
65%
Property
54%
59%
67%
58%
Drug
73%
71%
58%
59%
Public Order
56%
56%
63%
62%
Total
56%
60%
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
Figure 12: U.S. Residential Custody Rates by Sex and Race/Ethnicity, 2003
1600
1400
1278
1200
1000
774
800
600
600
400
305
White African American Latino Native American Asian and Pacific Islander
Sources: Easy Access to Juvenile Court Statistics, 1985-2003 [Online analysis package] OJJDP (2006).
The rates for African American, Latino, and Native taken into account, with the exception of Latinos in
American youth remained higher than those status offense (Figure 13).
for White youth in custody when offense type was
56
198
Property 94
135
33
14
68
Drug 31
36
7
18
72
Public order 39
61
10
28
105
Technical violation 56
65
16
12
34
Status offense 11
42
5
White African American Latino Native American Asian and Pacific Islander
Note: The custody rate is the number of juvenile offenders in residential placement on October 22, 2003, per 100,000 juveniles age 10
through the upper age of jurisdiction in the general population of each state. Persons of Latino origin may be of any race.
Racial categories (e.g. White youth) do not include youth of Latino origin.
Source: Census of Juveniles in Residential Placement 1997, 1999, 2001, and 2003 [machine-readable data files], OJJDP (2005), and
Easy Access to Juvenile Populations [Online analysis package] OJJDP (2006).
Public vs. Private Facilities. Public juvenile facilities In contrast, White youth accounted for 35% of youth
are typically locked local detention facilities or locked in public facilities and of youth in private facilities.
state correctional institutions. Private juvenile facilities Among Latinos, the proportion of detained and com-
are often less restrictive and less like prison. In 1999, mitted youth in public facilities was almost double
the last year for which data is available, youth of the proportion in private facilities (21% vs. 12%)
color represented a greater proportion of the total (Figure 14).
juveniles in public (65%) than private (55%) facilities.
50%
45% Public
45%
40% Private
40% 38%
35%
35%
30%
25%
21%
20%
15%
12%
10%
5%
2% 2% 2% 2%
0%
White African American Latino Native American Asian and Pacific
Islander
Note: Persons of Latino origin may be of any race. Racial categories (e.g. White youth) do not include youth of Latino origin.
Source: Sickmund, M. Juveniles in Corrections. OJJDP (2004).
Incarceration Characteristics. A 1995 study by the facilities for youth with no prior admissions was six
National Council on Crime and Delinquency found times higher for African American than White youth
that admission rates to state public facilities were (373 and 59) and 3 times higher among Latino than
much higher for African American youth and Latino White youth (166 and 59) in 1993 (Figure 15).
youth with no prior admissions than for comparable Among youth with one or two prior admissions, the
White youth (Krisberg, DeComo, Rudenstine, & overall admissions rate for African American youth
Del Rosario, 1995). This was also true for youth with exceeded the White rate by a factor of 7 (96 and 14)
one or two prior admissions, in all offense categories. and the admissions rate for Latino youth was twice
The data required to update this study are not avail- the rate of White youth (28 and 14).
able. Overall, the admissions rate to state public
15
137
Person
78
36
32
119
Property
62
31
1
48
Drug
13
2
8
57
Public Order
11
9
59
373
Total
166
80
3
21
Person
7
4
8
39
Property
15
10
0
14
Drug
2
0
2
17
Public Order
4
3
14
Total 96
28
19
0 20 40 60 80 100 120
Note: Rates are calculated per 100,000 youth age 10 to the upper age of juvenile court jurisdiction in the general population of each state.
States include AK, AZ, AR, CA, DE, GA, ID, IL, IL, IN, IA, KY, LA, ME, MD, MA, MN, MS, MO, NE, NH, NJ, NY, ND, OH, OK, OR, SC, SD, TN, TX,
UT, VT, VA, WV, WI. Persons of Latino origin may be of any race. Racial categories (e.g. White youth) do not include youth
of Latino origin.
Source: The Juveniles Taken Into Custody Research Program (1995). OJJDP.
Figure 16: 1993 Youth Mean Lengths of Stay in State Public Facilities
277
362
Violent
420
360
177
200
Property
222
215
144
235
Drug
306
266
147
181
Public Order
220
200
193
254
Total
305
260
Note: States include AK, AZ, AR, CA, DE, GA, ID, IL, IL, IN, IA, KY, LA, ME, MD, MA, MN, MS, MO, NE, NH, NJ, NY, ND, OH, OK, OR,
SC, SD, TN, TX, UT, VT, VA, WV, WI. Total contains offenses not shown. Persons of Latino origin may be of any race. Racial categories
(e.g. White youth) do not include youth of Latino origin.
Source: The Juveniles Taken Into Custody Research Program (1995). OJJDP.
In addition, the range in the length of stay above the 625 to over 1,400 days compared to between 400
median was also greater for non-Whites than Whites and 900 days for White youth. Among the top 25th
(Krisberg, DeComo, Rudenstine, & Del Rosario, percentile of cases involving a drug offense and no
1995). For example, among the top 25th percentile of prior admissions, the length of stay for Latino youth
cases involving a violent offense and no prior admis- was between 500 and 1,100 days compared to
sions, the length of stay for Latino youth ranged from between 200 and 400 days for White youth.
Note: The custody rate is the number of juvenile offenders in residential placement on October 22, 2003, per 100,000 juveniles age 10 through the
upper age of jurisdiction in the general population of each state. U.S. totals include 1,398 youth in private facilities for whom state of offense was not
reported and 124 youth in tribal facilities.
Source: Juvenile Offenders and Victims: 2006 National Report. OJJDP (2006).
Ratio of the Youth of Color Custody Rate to the White Custody Rate
2.7
2.5
2.3 2.3
2.2
2.0 2.0
2
1.6
1.5
1.3
0.5
0
Arizona California New Mexico Texas
Note: In 2003, Latino youth represented 35% of youth ages 10-17 in Arizona, 43% in California, 50% in New Mexico, and 40% in
Texas. The custody rate is the number of juvenile offenders in residential placement on October 22, 2003, per 100,000 juveniles age
10 through the upper age of jurisdiction in each state.
Source: Adapted from Juvenile Offenders and Victims: 2006 National Report. OJJDP (2006).
According to a 1993 study by the National Council likely to be committed to the custody of state juvenile
on Crime and Delinquency, in states for which data corrections systems by age 18. Latino youth were gen-
was available, African American youth were almost erally more likely than White youth to be taken into
always more likely than White or Latino youth to be state custody by age 18. Among reporting states,
taken into state juvenile corrections custody by age prevalence rates were estimated to be highest for
18 (Table 8). More specifically, the State Juvenile African American youth in Utah (8.32), Wisconsin
Corrections System Reporting Program (SJCSRP) (7.66), and Ohio (6.53). The data required to update
identifies these prevalence rates as the estimated pro- this study are not available.
portion of the at-risk population of youth who are
L
egislative changes in the past twenty years have The National Perspective
enabled prosecutors and juvenile court judges Nearly three out of four youth admitted to adult state
to send more youth into the adult criminal jus- prisons in 2002 were youth of color.
tice system or to automatically exclude youth charged
with certain offenses from the jurisdiction of the juve- An estimated 4,100 youth under the age of 18 were
nile court. As a result, a significant number of youth admitted to the nation’s state prisons in 2002. The
are being sentenced to adult correctional facilities, majority (73%) of these new commitments were
such as state and federal prisons and county jails. youth of color; 58% were African American, 10%
While the “sight and sound separation” provisions of were Latino, and 5% were youth of other races. As
the Juvenile Justice and Delinquency Prevention Act such, African American, Latino, and Native American
prohibit youth under juvenile court jurisdiction from youth had significantly higher prison admissions rates
being within “sight or sound” of adult inmates, it does than White youth (Figure 18).
not cover youth under the jurisdiction of adult crimi-
nal court. Therefore, youth prosecuted as adults can
be incarcerated with adult inmates in jails and prisons.
100
90
84
80
70
60
50
40
30
20
14 13
10 9
5
3 2
1 1 0
0
Male Female
White African American Latino Native American Asian and Pacific Islander
Note: Rates are calculated per 100,000 youth age 10 to 17 years of age in the general population. Persons of Latino origin may be of any
race. Racial categories (e.g. White youth) do not include youth of Latino origin.
Source: National Corrections Reporting Program, 2002. Bureau of Justice Statistics. Easy Access to Juvenile Populations [Online analysis
package] OJJDP (2006).
Figure 19: Youth in Adult Prison: Rates of New Commitments to Prison by Offense
and Race/Ethnicity, 2002
2.2
25.7
Person 5.4
5.7
2.2
2.1
9.2
Property 0.6
1.9
0.2
0.3
5.6
Drug 0.6
0.3
0.1
0.3
2.9
Public Order 0.6
1.1
0.1
White African American Latino Native American Asian and Pacific Islander
Note: Rates are calculated per 100,000 youth age 10 through 17 years of age in the general population. Persons of Latino origin may
be of any race. Racial categories (e.g. White youth) do not include youth of Latino origin.
Source: National Corrections Reporting Program, 2002. Bureau of Justice Statistics. Easy Access to Juvenile Populations
[Online analysis package] OJJDP (2006).
Note: Rates are calculated per 100,000 youth age 10 to 17 years of age in the general population. This table reflects the
racial/ethnic proportions of youth in adult prisons when race/ethnicity is known. Data was missing for admissions in
California (1%), Georgia (1%), Maryland (1%), New York (2%), and Ohio (3%). Persons of Latino origin may be of any race.
Racial categories (e.g. White youth) do not include youth of Latino origin.
Source: National Corrections Reporting Program, 2002. Bureau of Justice Statistics. Easy Access to Juvenile Populations
[Online analysis package] OJJDP (2006).
H
istorically, the most punitive and restrictive transfer decisions based on the offender’s age or
sanction facing youth charged with a crimi- offense seriousness.
nal offense involved court-ordered place-
ment in a residential facility, particularly public train- As the blurring of the line between juvenile and crimi-
ing schools. These facilities emphasized rehabilitative nal court increases, so does the likelihood that these
programming. The recent past, however, has revealed trends will disproportionately affect youth of color.
growing movement away from the early juvenile Already, African American juveniles are overrepresented
court’s original goals of diversion and treatment with respect to their proportion in the population at
towards punishment, accountability, and (presumed) every decision point in the process (Figure 20). Despite
public safety. In addition, state legislatures are the drop in admissions of youth to state prisons in the
increasingly moving away from case-specific decisions last few years, African Americans remain the most
to transfer juveniles to criminal court in favor of overrepresented at that stage of the continuum.
Detained 37%
• 37% of the detained population.
While “Equal Justice Under the Law” is the founda- charged with similar offenses. This report documents
tion of our legal system, and is carved on the front of a juvenile justice system that is “separate and unequal.”
the U.S. Supreme Court, the juvenile justice system is
anything but equal for all. Throughout the system, It is time for a nationwide effort to identify the causes
youth of color—especially African American youth— of this differential treatment of youth of color and
receive different and harsher treatment. This is true a concerted campaign to provide a fair and equal
even when White youth and youth of color are justice system for our youth.
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(see Stahl, Finnegan, & Kang, 2006). America: Washington, DC. Available: http://www.cwla.org/
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(see Krisberg, DeComo, Rudenstine, & Del Rosario, 1995). http://ojjdp.ncjrs.gov/ojstatbb/ezajcs/
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nccd-crc.org