Issues for Change

Racial Fairness

Minorities have been found to be overrepresented at nearly every point of contact with the juvenile justice system—and the finding is disturbingly persistent over time. The disparities are most pronounced at the arrest stage—with black youth, for example, being arrested at twice the rate of white youth—but the effects tend to accumulate through each subsequent processing stage, subtly amplifying the original differences, so that the racial and ethnic make-up of a “deep-end” commitment facility at the end of the line is often grossly disproportionate to that of the youth population at large. In 2003, 61% of all juveniles in custody nationwide were minorities. And in many states, the ratio of minority to white custody rates exceeded four-to-one. Whether these stark inequalities are the result of biases in decision-making, social or economic differences that are merely correlated with race and ethnicity, or more complex structural factors—such as the availability of resources, services, and alternatives in some communities and not others—they are unacceptable in a democratic society.

That’s why reducing racial and ethnic disparities in the juvenile justice system is a critical objective of Models for Change, and a targeted issue in every state in which the initiative works. A model juvenile justice system, at a minimum, guarantees all alleged offenders fair and unbiased treatment, regardless of race or ethnicity. It designs and delivers programming and services with this ideal in mind, and uses descriptive data to monitor and enforce compliance with it. Wherever it finds symptoms of disproportionate minority contact (DMC), it devotes resources to exploring the causes and taking action to address them.

In each of the states in which Models for Change operates, reform work in the DMC area begins with the effort to understand the problem statistically. That means analyzing what information exists on minority processing, as well as the mechanisms for gathering it; calling attention to deficiencies, inconsistencies, and gaps in available data; and working with state and local partners to improve the way data are collected and analyzed, so as to better identify and target appropriate interventions. In Pennsylvania, for example, Models for Change is working with the Juvenile Court Judges’ Commission to enhance the reliability and completeness of the state’s data on the processing of juveniles of Hispanic ethnicity. These efforts have already resulted in the issuance of a Racial Coding Training Booklet, which provides detailed instructions and guidance to local juvenile courts and probation departments on techniques for gathering accurate information regarding the race and ethnicity of youth involved in Pennsylvania’s juvenile justice system.

Models for Change also addresses DMC at the local level, through demonstration projects involving partnerships with local courts, probation departments and citizens. In Berks County, Pennsylvania, for example, Models for Change is working with stakeholders on four task forces to reduce Hispanic overrepresentation through language capability and cultural diversity, education and workforce development, detention alternatives and nontraditional services.

Models for Change seeks to increase awareness of DMC issues and encourage action, including investment in community-based programs that have shown promise in reducing DMC. In Illinois, Models for Change partners have produced informational literature presenting the known facts on DMC in the state’s juvenile justice system, pointing out some missing pieces in the statistical picture and the need to fill them in with better data collection and reporting practices, and describing cost-effective approaches that have reduced DMC in other jurisdictions.

In addition to the activities described above, Models for Change has formed a DMC Action Network to expand the work of state and local jurisdictions in reducing racial and ethnic disparities in the juvenile justice system. DMC Action Network participants are sharing ideas, problem-solving and collaborating on DMC strategies; working to develop strategic innovations that can serve as best practices in DMC reduction; and benefiting from peer-to-peer support as well as expert assistance. Participants include demonstration sites in Models for Change states as well as additional state and local partners selected through an application process.

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