RACE and the Juvenile Justice System
FACT SHEET: MINORITIES IN THE JUVENILE JUSTICE SYSTEM
Two of the most alarming pieces of information available about African-American males are:
One third of African-American males between the ages of 18 and 25 in the United States are either under correctional supervision or in jail or prison; and
One third of African-American males are ineligible to vote because of felony convictions or other state provisions that deny the right to vote to people who have been involved in the criminal justice system.
Most adult offenders begin their criminal activities as juvenile offenders. And, the best predictor of who will go to adult prison is whether the person had been incarcerated as a juvenile. Minority juveniles make up an increasingly larger segment of all juveniles incarcerated as juveniles nationally. There was a three fold increase in African-American juveniles held in custody between 1979 and 1995. For Hispanic juveniles there was more than a four fold increase. The proportion of African-American juveniles who fill custody facilities increased from 18% to 40% over the 15 year period. The proportion of Hispanic juveniles increased from 9% to 17%. These proportions greatly exceed the proportion of 10-17 year old African-Americans (15%) and Hispanic juveniles (8%) in the general population. Minority juveniles represent one third of the juvenile population nationally and account for fully two thirds of the juveniles incarcerated.
In addition, African-American juveniles with no prior admissions were six times more likely to be incarcerated in public facilities than white juveniles with the same background and Latino juveniles were three times more likely than white juveniles to be incarcerated. African-American juveniles were detained at 2.5 times the rate for white youth in 1985. In 1995, African-American juveniles were detained at 8 times the rate for white youth.
Nationally, 1 in 17 African-American males will be incarcerated before reaching age 18. This compares to 1 in 45 Hispanic males and 1 in 91 white males. There were large differences by state (36 states were included in the research), race and gender. For example, in South Carolina, the estimated prevalence rate for African-American males was 1 in 3 would be taken into state custody before age 18 and in Ohio, 1 in 9 African-American males would be incarcerated before his 18th birthday. At the same time less than 1% of the juveniles in Vermont would be incarcerated in their juvenile lifetime.
The explanation for overrepresentation of minority juveniles frequently used is that minority juveniles are committing all or most of the serious offenses and therefore, they should be incarcerated and detained. It is clear from many state studies that regardless of the seriousness of the offense and the length of the previous delinquency record, minority juveniles are more likely to be detained awaiting a hearing and are more likely to be placed in a state correctional facility as a disposition than non-minority juveniles. As of June, 2000, 74 adults nationwide, ranging in age from 18 to 41 years old, remain on death row for crimes committed as juveniles. Sixty three percent are minorities.
Research on Overrepresentation and Disproportionate Confinement in Ohio
In June 1993, researchers at Bowling Green State University released a study of disproportionate confinement of minorities in Ohio: Race and Justice in Ohio(Dunn, C., Cernkovich, St., Perry, R., Wicks, J.). This research was supported by the Ohio Governor’s Office of Criminal Justice Services. A sample of 2000 cases initiated in juvenile courts during 1989 was the study group. 13 urban counties plus 4 rural counties were included. These 17 counties accounted for 80% of the juvenile cases initiated in juvenile courts in 1989. The focus of the study was on three types of hearings in juvenile court: the detention hearing, the adjudication hearing and the disposition hearing.
The following information is taken directly from the above report. Findings from the Study:
Minority juveniles are referred to Court in nearly twice the proportion as their prevalence in the population suggests they should be.
Minority juveniles are significantly more likely to be detained than white juvenilesand this difference persists even when the effects of other legal and social characteristics on detention risk are accounted for.
Although race differences are not the most important differences in relation to detention, race differences are statistically significant. This means that although the chances of detention are affected more by things like offense seriousness, current supervision, referral by police, urban jurisdiction, and a history of drug abuse, race differences between minorities and whites still exist after these characteristics are taken into account. There is a 5% greater risk of detention for minority than white youth when all of the other independent variables are controlled.
Youth who are detained are three times more likely to be incarcerated than youth who are not detained. Detention has a major impact on the subsequent overrepresentation of minorities in later stages of the juvenile justice system. Minority males detained have the highest rates of confinement dispositions and of ultimately being sent to ODYS. Race is also an important factor in differentiating between youth who are confined locally and those youth committed to the State.
Preadjudicatory detention is the second strongest risk factor for a confinement disposition, exceeded only by being confined previously for delinquency.
At none of the decision points are minority juveniles offenses more serious on average than white juveniles, nor are their prior record of referrals to court more lengthy. In fact, the average number of prior court referrals for minority males sent to ODYS is about three; for white males, about five.
Relevant Ohio data suggest that differences in delinquent behavior are insufficient to account for disparities between minority and white youth in detention and confinement.
Minority youth are sent to ODYS while white youth are committed to local facilities. Historically, minority youth were sent to public facilities and white youth were placed in private facilities.
Source of fact sheet information – state reports summarized by:
Donna Hamparian, President, Juvenile Justice Coalition