Minority Overrepresentation in Juvenile Justice: Frustrations and Promising Signs of Change

[The following post is courtesy of Ashley Nellis, Ph.D., Research Analyst at The Sentencing Project. -Ed.]
 
Despite the federal mandate to address it, minority overrepresentation has persisted in nearly every state’s juvenile justice system for decades. Racial and ethnic disparities often mount as youth move through the system, from referral to secure confinement.  To demonstrate, note that African American youth represent 15% of the general population, yet they represent 28% of youth arrests, nearly 40% of those in juvenile residential placement, and as much as 58% of those entering adult prison.[1]

 
Although minority overrepresentation permeates many juvenile justice systems, pockets of success have been documented and patterns of activities that lead to disproportionate minority contact (DMC) reduction have emerged. Such approaches rely on an evidence-based framework with several common elements: coordinating bodies that oversee efforts to reduce disparities; analysis of key decision points that create disparities; systems of local data collection and analysis disaggregated by race and ethnicity; detailed workplans (that include measureable outcomes) describing the strategy to reduce DMC; and publicly reported findings.
 
Without an evidence-based framework for reform, jurisdictions become stuck studying the problem or endlessly working on initiatives that are unrelated to the causes of DMC and do not lead to measurable reductions.  
 
Jurisdictions can reduce disparities with focused, informed, and data-driven strategies. For example, researchers in Peoria County, Illinois examined data from school referrals to the police and determined that the county’s DMC was aggravated by school discipline policies that had a disparate impact on youth of color. The County addressed this by working with the school system to strengthen school-based conflict resolution protocols.[2] And, in Baltimore County, Maryland researchers observed a racially disparate impact at the decision to detain youth who did not appear in court after receiving a bench warrant. The County instituted a reminder call program and subsequently reduced secure detention of African American youth by 50%.[3]
 
Minority overrepresentation in the juvenile justice system should not be tolerated. Thankfully, local jurisdictions are finding ways to ensure fairness for all youth. A system that is racially and/or ethnically biased threatens the integrity of the juvenile justice system overall and reduces its ability to prevent juvenile crime, rehabilitate youth, and protect communities.

[1] National Council on Crime and Delinquency (2007). And Justice for Some. Oakland: Author.

[2] Conversation with Laurie Brown, Peoria County Site Coordinator, August 6, 2007.

[3] Conversation with Tiana Davis, Baltimore County DMC Coordinator, March 15, 2008.