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January 31, 2007

And Justice for Some: Differential Treatment of Youth of Color in the Justice System

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While public attention has tended to focus on the disproportionate number of youth of color in confinement, this overrepresentation is often a product of actions that occur at earlier points in the juvenile justice system, such as the decision to make the initial arrest, the decision to hold a youth in detention pending investigation, the decision to refer a case to juvenile court, the decision to waive a case to adult court, the prosecutor’s decision to petition a case, and the judicial decision and subsequent sanction. Some have argued that this overrepresentation of youth of color in the justice system is simply a result of those youths committing more crimes than White youth. However, a true analysis is much more complicated. It is not clear whether this overrepresentation is the result of differential police policies and practices (targeting patrols in certain low-income neighborhoods, policies requiring immediate release to biological parents, group arrest procedures); location of offenses (African American youth using or selling drugs on street corners, White youth using or selling drugs in homes); different behavior by youth of color (whether they commit more crimes than White youth); different reactions of victims to offenses committed by White and youth of color (whether White victims of crimes disproportionately perceive the offenders to be youth of color); or racial bias within the justice system.

Posted by Gary Holden at January 31, 2007 8:23 AM