Order #385715 Topic: Project part 1
Running head: DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 1
DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 8
Disproportionate Treatment of Black Boys and Girls in the Juvenile Justice System
Disproportionate Treatment of Black Boys and Girls in The Juvenile Justice System
Introduction
In the United States of America, there are thousands of juveniles serving life without parole for crimes committed while below eighteen years of age. Some of the individuals are sentenced under mandatory sentencing rule. Most of the youth prisoners are fourteen or younger and come from the minority populations (Campbell, Barnes, Mandalari, Onifade, Campbell, Anderson & Davidson, 2017). Various explanations emerge in a bid to explain the ethnic and racial disparities in the juvenile system. The issues range from police inequality treatment of minorities, judicial and court system issues. The problems looked from a historical context indicates that disparities are a result of the legacy of years of discrimination, mistreatment and racial segregation (Walker, Spohn & DeLone, 2012). There are beliefs that the youths of color have a cultural predisposition to delinquency compared to their white counterparts. The race-based beliefs influence the judicial system, but the policies and practices consciously perpetuate harmful outcomes to the people of color.
In this research paper, reasons behind the vice will be discussed widely. The article will dig deep into factors that lead to racial disparities. Among the factors include structural racialization, which is the primary cause of the disparity (Musgrave, 2017). Other reasons that support existence of a disparity in the justice system include overview bias, implicit bias, explicit bias, and discretionary decisions (Bang, Posey, & Hemmens, 2016). Each of the reasons will be discussed conclusively and viable solutions will be addressed. On the other hand, causes such as crime rate among the black community, poverty among the minority community, and neighborhood perception and influence on crime will be discussed as factors that prove the inevitability of the disparity.
Factors Behind Disparity
Structural Racialization
Structural racialization refers to the principles adopted in the society that structure a racially uneven community in the society (Campbell, et al., 2017). It is also referred to as structural racism as it tries to explain how common systems of life such as schools, neighborhood, education, health care, employment, transport and other primary systems in our community interact to support a racist society. These structural systems are also responsible for shaping life opportunities. According to most scholars, structural racialization aids in explaining most occurrences of disparities in the youth justice system (Hockenberry, 2017). Structural racism is not dependent on harmful acts or the individuals involved in a particular action that portrays the disparity, but rather the interrelated activities that result in unequal treatment of the minority. It is an account of how different institutions in society contribute to limiting opportunities towards the African American people. Community’s ignorance of structural racism presence prompts it to occur automatically.
According to structural racialization studies, disparities begin in the community and schools (both private and public). The policy makers in education and law enforcement have good intentions of correcting delinquency behavior but seem to be overacting. The responses aim at improving the lives of the offender doing what is best for the child (Lynch, Patterson & Childs, 2010). The decisions do not always reflect the personal bias but help in institutionalizing historical and cultural beliefs. The society tends to make conclusions about the youths of color, that create a narrative about their past, current and their likelihood to succeed (Augustyn & Mcgloin, 2018). It portrays broken families which is a risk factor towards deprived children who engage in crime and experience poor life outcomes (Morenoff, Sampson & Raudenbush, 2001). Decision makers rarely use the pro-community, youth, development, and asset-based lenses in making critical decisions.
The whites misbehaving in schools are likely to get medical assistance compared to their black colleagues who are likely to face arrests suspension and other punitive measures (Sampson, Morenoff, & Raudenbush 2005). The schools view white children having behavioral problem while the blacks are unwilling to learn or unruly. In a study by Musgrave (2017), the schools composed of mostly the minority populations implement criminalized policies as disciplinary measures, including arrests, police referrals, expulsion, and suspension. The school-to-prison-pipeline disproportionately affects African American.
Bias Factors
Bias is a factor portrayed by individuals unlike structure racism, where it’s the actions of the whole society that matter. Bias is a state of minding influencing one to incline for or against other people. In racial disparity discussion, bias can mean negative or positive preferences. Bias can be divided into two, implicit and explicit bias. Explicit bias is when one is biased knowingly and fully aware of their action while implicit bias is when one is unconsciously biased. Bias plays a significant role in why Black boys and girls are almost five times more likely to be detained or sent to special facilities compared to white boys and girls. In certain situations, if a young black person commits a similar crime as a white young person, the black person is more likely to get arrested while the white person gets medical help.
Explicit Bias
As explained, explicit bias is also conscious bias, where one is completely aware that they are biased. Positive or negative partiality towards either black or white youths characterize explicit bias. Recognizing explicit bias is very easy when one is extra keen. If there were no social norms against racial disparities, people would openly express their bias and explain the reasons behind their bias minds. However, due to the presence of social norms that are against racism, most people would rather conceal their bias minds to avoid making negative impressions of themselves (Augustyn & Mcgloin, 2018). A good example of explicit bias is when a former detective in the Los Angeles detective, Mark Fuhrman was recorded using more than forty racial slurs during the evidence of a murder case. According to Vidal, et al. (2017), another recent case in the justice department, Justice Sotomayor criticized a prosecutor for being racially biased after asking a defendant, “You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you a light bulb doesn’t go off in your head and say This is a drug deal?” (p. 11)
Explicit bias has been a reason behind racial disparities facing both young and adults in the justice department for over centuries. In North Carolina, explicit bias was legalized and a norm among the people in the early 1800’s (Morenoff, et al., 2001). Offenders were punished on the racial bases, where blacks were punished more harshly. If an enslaved or free black man raped a white woman, it was considered a capital offense while if a white man committed the same crime, it was not a capital offense. After the abolishment of slavery, black people were not allowed to vote (Sampson, et al., 2005).
Implicit Bias
Implicit bias is the type of bias where an individual does it unknowingly. It is the type of stereotype that people have integrated into their thoughts and normalized them. The attitudes cause people to change their behaviors and thoughts unknowingly. People tend to categorize different stimuli into schemas, which help the brain in sorting the vast information they collect. In often situations, schemas are often associated with stereotypes (Walker, et al., 2012). However, many scientists have concluded that having schemas does not make one a racist, but rather a human as schemas are a part of human thoughts. In the youth justice system, black young people are more likely to face more severe punishment due to the implicit bias factor.
In an experiment to investigate how deep racial implicit bias is into the human brain, Bonnie and his team undertook an experiment. They tied a bicycle on a pole where people walked by. When a white young man tried to steal the bike, nobody asks him whether it is his or not. A man tries to help him, assuming that he is the owner of the bicycle. However, when a young black man, the same height as the white man and wearing the same outfit tries to steal the bicycle, the case is different. Within seconds, several people ask whether he owns the bicycle. People call the police to report the matter. When asked why they behaved in either manners, they say they just felt or just knew (VladCantSleep, 2010).
Discretionary Decision Making
Decisions made in various schools and juvenile systems are at times subjective to either of the two types of bias. According to Sampson, et al. (2005), in most schools, almost all races are expelled or suspended out of school for major disciplinary cases, but blacks are more likely than white students to face more severe punishments (Musgrave, 2017). Discretion is, however, an important part in the juvenile criminal justice and a primary component in all judges’ day to day proceeding. Thus, lawyers and attorney must be alert to bias decisions in the justice system.
Areas of residence, schools, and communities of color register higher numbers of crime (Morenoff, Sampson & Raudenbush, 2001). However, there are intensified and frequent police patrols in minority dwellings. The difference in policing approach is unfair thus becomes the front-line reason towards disparate treatment. It is a fact those youths of color face, arbitrary arrests, detentions, convictions, and incarcerates at a higher rate compared to the white youths committing the same crimes (Hess, & Orthmann, 2010). At the adjudication stage, the transfer of cases to adult courts depends on racial differences (Hockenberry, & United States, 2014).
Factors That Justify Racial Disparities
Crime Rates
According to Musgrave (2017), racial disparities in the juvenile system can at times be the representation of the higher crime rate among the black community compared to the whites. On the one hand, some scholars argue that racial disparity in the justice system is due to negative racism while on the other hand argue that high rates of blacks in prison is due to the difference in the criminal involvement by the two races.
Arrests and police patrols partly depend on the areas where most crimes are reported. Most crimes and reported crimes happen to be from African American neighborhoods, thus resulting into more blacks getting arrested. The common crimes where young black boys and girls over-represented are related to using drugs or sales (Augustyn & Mcgloin, 2018). However, it has severally been concluded that drugs cases are evidence of racial disparity in the juvenile justice system. According to research done in 2006, on 14% of the drugs users were African American, yet they contributed about 35% of the detained people due to drug-related cases (Walker, et al., 2012).
Poverty Access to Resources
The study of racial disparity in the law system has been associated with the social class on many occasions. Racial disparities are related to the crimes committed, while the rate of crimes committed is related to the social class of a community (Morenoff, et al., 2001). The richer one is, the less likely they can commit a crime. The financial background and resources of an individual relate to the number of crimes they commit.
According to analytical protectors, delinquencies cut across financial status, race, and gender. However, the response from members of the community influences the direction individuals takes after committing the first crime. How the society, law enforcement, community intervention, and justice system respond to delinquency determines the outcomes of the individual (Vidal, et al., 2017). Minority communities are often faced with fewer resources compared to the whites, who are economically stable (Musgrave, 2017). They, therefore, have the upper hand in resources while responding to youths committing crimes. Whites, therefore, approach behavioral problems with treatment rather than the juvenile system.
Neighborhood
Different neighborhoods are of different class financially and therefore have a distinct perspective on life. Minority groups, especially African Americans live in disadvantaged neighborhoods compared to white youths (Williams, et al., 2017). The different neighborhoods bring up children in the diverse norm; thus, they grow believing in different values (Peffley, et al., 2017).
Several traits that lead youths into having a unique perspective of crime compared to their white counterparts characterize the disadvantaged neighborhoods. Most households live below the poverty threshold, houses are under public assistance, most people are unemployed and there are more families headed by females. The youths are subjected to violent and are negatively influenced by a certain character, which they normalize (Crenshaw, 2018). Some of this include consumption and trade of narcotics, and carrying of guns or knives, which are crimes.
Strategies for Reducing Disparities
According to Peffley, et al. (2017), the primary strategy for reducing disparities is sensitizing the community of the crisis and educating ways to evade it. Researchers have advised that sensitization should concentrate more on the law enforcement side. Teaching the police to use alternatives of arresting minority youths will contribute to reduced disparities. According to Williams, et al (2017), arresting officers should receive specialized training, which include cultural competency to help them avoid bias judgement. Non-arresting issues include encouraging the society to assist in coming up with alternatives, especially among the minority groups (Crenshaw, 2018). In the police force, an introduction of more people from the minority groups will reduce stereotype, while the friendly and local police officers will make good decisions.
On the other hand, educating the public on race-related inequalities will contribute to reducing racial tensions. Public forums to discuss racial inequalities will help both the community and the police learn how to solve the problem rather than increasing it (Crenshaw, 2018). The government on the other hand should take records and avail more funds in research of disparities in the justice system. Supporting of minority groups in poverty reduction projects will help reduce the need for certain crimes such as stealing. For structural racism, various societal institutions should change the norms that promote disparities, to promote equal justice for all.
Conclusion
Historically, it is believed that the African American youths have a cultural predisposition in delinquencies compared to their white counterparts. The racial disparity has often been explained as the reason for disproportionate treatment of African American boys and girls in the juvenile law system. However, research and studies have proven that there are factors behind the unequal treatment of youths of different races in the juvenile justice system. Such factors include structural racism, bias (both implicit and explicit bias), and discretionary decisions made in the justice system. Others have countered such factors with reasons why disparities in the justice system must occur. They argue that general crime rates among blacks, poverty and neighborhood influence justify this vice. However, there are not enough reasons to prove that racial disparities are negatively influenced. Thus, it is wise for the society to take initiatives to fight racial disparities and inequality in the juvenile justice system.
References
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VladCantSleep. What Would You Do? Bike Theft (White Guy, Black Guy, Pretty Girl). (2010, May 27). [Video File]. Retrieved from https://www.youtube.com/watch?v=ge7i60GuNRg
Walker, S., Spohn, C., & DeLone, M. (2012). The color of justice: Race, ethnicity, and crime in America. Cengage Learning.