Youth of Color and the Juvenile Justice System

A major issue facing juvenile justice practitioners and policymakers across the country is disproportionate minority contact/confinement (DMC) with the juvenile justice system. DMC refers to the problem of unequal treatment of white and minority juveniles in the juvenile justice system.

DMC (confinement) refers to the over-representation of youth of color in the juvenile justice system compared to their representation in the general population. DMC (contact) refers to any interaction with law enforcement that results in arrest or court referral.

Currently, there is a national effort underway to reduce the over-representation of Black and Latino youth involved in the juvenile justice system. This effort targets all decision points in the juvenile justice process:

Arrest

Court Referrals

Filing of Charges

Sentencing

In addition, federal legislation requires each state that receives federal juvenile justice funding to monitor and address DMC. States must assess the degree to which minority juveniles have contact with the juvenile justice system compared with white juveniles. If DMC is found, a state must:

1) Try to identify specific points in the system where minority and
White juveniles are being treated differently.

2) Implement strategies to help eliminate DMC.

In Illinois, where I live, the Juvenile Justice Commission has chosen to highlight the issue of DMC and has asked the state legislature to help support efforts and programs that will significantly reduce the rates of disproportionate minority contact within the Illinois juvenile justice system.

Why Is DMC An Important Issue?

According to several Chicagoland public opinion surveys about juvenile justice, fairness must be the cornerstone of the Juvenile Court. The Council's survey data mirrors national data that supports the value of fairness. Americans believe that everyone should be treated equally and fairly in the Juvenile Court. The value of fairness and equality are two hallmarks of the American Constitution. In today's juvenile justice system, African American and Latino youth aren't treated equally and fairly in comparison with White youth.

In addition, there is very little, if any data, about Latino youth who enter the juvenile justice system, although their arrest and incarceration rates are increasing. In fact, in Illinois, there isn't even a demographic coding (category) for Latino youth when they are arrested, so they are counted as either Black or White depending on the hue of their skin. This is inherently unfair.

Following are statistics compiled by the Illinois Juvenile Justice Commission (2005):

Arrests

White youth represent 65% of Illinois' population of youth ages 10 to 16, and 42% of youth who are arrested.

Black youth represent 18% of Illinois' population of youth ages 10 to 16, but 57% of youth who are arrested.

In 2003, Black youth in Illinois were arrested at a rate that was more than three times their representation in the general population.

Secure Detention (Detention Center)

Sixty-five percent (65%) of youth ages 13 to 16 in Illinois are White, and 50% of Illinois' securely detained youth are White.

Eighteen percent (18%) of youth ages 13 to 16 in Illinois are Black, and 41% of Illinois' securely detained youth are Black.

In 2003, Black youth in Illinois were securely detained at a rate that was more than two times their representation in the general population.

Secure Confinement (Jail/Prison)

Sixty-five percent (65%) of youth ages 13 to 16 in Illinois are White, and 37% of Illinois' incarcerated youth are White.

Eighteen percent (18%) of youth ages 13 to 16 in Illinois are Black, and 52% of Illinois' incarcerated youth are Black.

In 2003, Black youth in Illinois were incarcerated at a rate that was almost three times their representation in the general population.

Some individuals have argued that the DMC data might suggest that Black and Latino youth are arrested more because they are committing most of the crime. Criminologists across the nation refute this notion and have challenged those in the juvenile justice system to present demographic data that documents arrests, station adjustments, petitions, and adjudications. Only until this collective data is made available to the public, can a reliable analysis be conducted.

Following is information about Hispanic/Latino Youth in the Juvenile Justice System (from the Illinois Criminal Justice Information Authority):

There are several specific concerns about Hispanic/Latino youth in the Juvenile Justice System. Many states do not maintain accurate date on the number of Hispanic/Latino youth in youth prisons or detention centers. Without data, it is very difficult to provide the right services to help youth turn their lives around. What data there is suggests that Hispanic/Latino youth are treated harsher than white youth, even when charged with the same type of offense.

* Hispanic/Latino youth are detained at nearly twice the rate of white youth.

* Between 2003 - 2006, Hispanic/Latinos were sent to the Illinois
Department of Corrections at a rate 45% greater than whites.

* Hispanic/Latino youth are two-to-three times more likely to be sentenced
as an adult when compared to white youth.

What Is the Long-Term Impact of an Unfair Juvenile Justice System?

A two-tier system of justice ... one for White youth (that is historically more redemptive and forgiving) and another for Black and Latino Youth (that is historically more punitive and penalizing).

This concept is unfair and in opposition to the majority of American's sense of fairness.

Here's what you can do about DMC in your community.

-- Build relationships with those who work in the juvenile justice system and
work closely with them to improve fairness within Juvenile Court.

-- Work with local universities and research think-tanks to improve how
demographic data is collected, stored, and analyzed.

-- Hold elected and appointed officials accountable for their actions and
policy recommendations regarding community safety, youth crime, and
fairness in the juvenile justice.

-- Ask your elected official about his/her efforts to help reduce DMC in the
juvenile justice system.

-- Keep talking about DMC... to anyone who will listen.

For more information about local and national efforts and initiatives to reduce DMC, please contact the Models For Change project, supported and funded by the John D. and Catherine T. MacArthur Foundation.

Visit The Models For Change Web Site:

www.modelsforchange.net