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| And justice for some |
| By Sarah Etter, News Reporter |
| Published: 01/29/2007 |
Last week, the National Council on Crime and Delinquency released And Justice for Some a report that serves as a glimpse into the data surrounding the juvenile justice system. According to the report, black juveniles were tried, convicted and incarcerated at a higher rate than whites and were also more likely to be remanded to adult corrections systems. The data looked at incarceration rates from 2000 to 2004, evaluating arrest rates and incarceration stats. “Although white youth made up 67% of the juvenile court referral population, they made up 60% of the detained population. In contrast, African American youth made up 30% of the referral population and 37% of the detained population,” the report states. “Youth of color make up the majority of youth held in both public and private facilities.” The report also found that in 1999, black youths only represented 34% of the U.S. population, but made up 62% of youth in detention. The NCCD found that blacks were disproportionately detained for all offenses, ranging from property to drug crimes, which might just signify a deep problem in the criminal justice system. “The [report] indicates a deep-rooted institutional bias,” says Susan Marchionna, NCCD director of communications. “We need more objective thinking in the criminal justice system. Discretion should be based on public safety, not race.” In states like Louisiana, where black juveniles were 2.6 times more likely to be detained than whites, some citizens disagree with that interpretation of the stats. Newspaper message boards have flared up with comments pointing out that blacks make up a larger number of the population than in other states, so their incarceration rates would likely fluctuate as well. “This is a difficult process every step of the way. Nobody would admit to being overtly biased, but we all are biased in some way and this needs to be addressed. This is just a very difficult thing to point to,” Marchionna adds. “But we need to continue to research these trends and continue to bring attention to them.” The report also found that for the same offenses African American youths were more likely than white youth to be formally charged in juvenile court, leaving many states wondering what kind of change can be made. According to Marchionna, assessment tools will be available soon that could curtail inherent bias and help level out those figures. “We are working to create tools right now that can be used in the child welfare system,” she says. “There are risk assessment tools that can be used to assess a situation and whether or not it merits the next step in terms of an arrest, a detention, or a prosecution.” Aside from the assessment, the NCCD is encouraging states to raise the age at which they try juveniles as adults. “We're seeing more black juveniles referred to adult facilities. States continue to lower the legal age to 15, which means if you commit a crime at the age of 16 and you are convicted, you carry that record with you for the rest of your life, and then you go to an adult facility. That is very concerning,” Marchionna points out. “We'd like to see the age in every jurisdiction return to 18. The decision to transfer a juvenile to an adult court should be made on a case by case basis, not automatically. That's one place to start.” The report concludes that with numbers like these, the justice system is “anything but equal for all”. |
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