THE CONCEPTUALIZATION OF DISCRIMINATION IN THE JUVENILE JUSTICE PROCESS: THE IMPACT OF ADMINISTRATIVE FACTORS AND SCREENING DECISIONS ON JUVENILE COURT DISPOSITIONS

Research on race, sex, and social class discrimination in the juvenile justice process has yielded mixed results. These conflicting findings have been attributed to the use of diverse research strategies and various methodological shortcomings. There are, however, two potentially important issues that have not been previously addressed: the need to examine the juvenile justice system as a process, rather than as a series of separate and unrelated decision points, and the failure to control for the impact of administrative factors such as pretrial detention. The purpose of the research reported here is to examine the impact of race, sex, and social class on juvenile court dispositions while controlling for pretrial detention and appropriate legal factors. The analytical strategy employed permits an examination of the impact of these factors over three stages of the juvenile justice process: referral, adjudication, and disposition.
Findings indicate that while legal factors and pretrial detention decline in importance as predictors of disposition as one moves from an examination of all referred to adjudicated youth, race and social class become more important. These results are discussed in terms of their methodological significance and their implications for the conceptualization of discrimination in the juvenile justice process.     

Race and decision making within juvenile justice: The importance of context

Previous tests of the influence of race on decision making within juvenile justice proceedings have traditionally focused on case-level variables and/or macrolevel factors that characterize the jurisdictions under study. Often excluded are measures of the attitudinal context within which decision making occurs. Using a revised conflict perspective that incorporates the role of racial stereotyping, hypotheses are developed centering on racial differences in case processing decisions within four midwest jurisdictions. Attitudes of juvenile court officials toward the punitiveness of the juvenile court and perceptions regarding differences between the behavior and attitudes of whites and those of African Americans are included in additive and race interactive models of five decision-making stages. Results indicate both lenient and harsh treatment of African Americans compared to whites. Hypotheses regarding racial stereotyping in the decision-making process receive some support and the discussion focuses on how inconsistent racial effects may be a function of variation in structural “coupling” across system decision points.     

Race and Juvenile Incarceration: A Propensity Score Matching Examination

Disproportionate minority contact is an important issue in contemporary juvenile justice. Few studies have directly examined the link between race and judicial decision to incarceration. Using official data from Pennsylvania (n?=?41,561), this study added to this literature in two ways. This study used propensity score matching to obtain a purer estimate of the influence race has on the decision to petition a case to juvenile court. The results indicated that prosecutors use perceptual shorthand in making this decision that hinges on race. Specifically, blacks were more 1.28 times more likely than whites to have their case petitioned to juvenile court.     

Knowledge of police and court procedures and respect for the law a survey

Data were collected measuring knowledge of procedures and civil liberty protections in the juvenile justice system. In addition, questions from the Rundquist-Sletto Respect for Law Scale were used to assess attitudes toward the system. Three hundred ninety-six subjects, selected through stratified random sampling, were instructed to answer twenty-eight forced-choice questions on procedures and six Guttman-type scale questions on attitudes toward authority, all presented in the context of a brief scenario. Subjects were also asked to indicate age, sex, race, and previous arrest. Several questions were identified as applications of the Miranda decision, and the hypothesis was confirmed that these would be most often answered correctly by all subjects.A brief survey of the development of a separate juvenile justice system is presented. The authors concluded that by relying on informal channels of communication about its role, the court does not meet its obligation to educate the public.     

Predicting Pre-Adjudicatory Detention Decisions

Abstract

Findings from studies examining the impact of legal and extralegal characteristics in determining pre-adjudicatory detention within the juvenile justice system have been inconsistent. Logistic regression was used to examine the independent, and interaction, effects of certain legal and extralegal factors in the decision to detain juveniles in counties in two Northeastern states. The results suggest race continues to exert a significant effect on detention decisions when controlling for various legal and extralegal/nonlegal factors.     

Priming Unconscious Racial Stereotypes About Adolescent Offenders

Two studies examined unconscious racial stereotypes of decision makers in the juvenile justice system. Police officers (Experiment 1) and juvenile probation officers (Experiment 2) were subliminally exposed to words related to the category Black or to words neutral with respect to race. In a presumably unrelated task, officers read 2 vignettes about a hypothetical adolescent who allegedly committed either a property crime (shoplifting from a convenience store) or an interpersonal crime (assaulting a peer). The race of the offender was left unstated and the scenarios were ambiguous about the causes of the crime. Respondents rated the hypothetical offender on a number of traits (e.g., hostility and immaturity) and made judgments about culpability, expected recidivism, and deserved punishment. They also completed a self-report measure of conscious attitudes about race. As hypothesized, officers in the racial prime condition reported more negative trait ratings, greater culpability, and expected recidivism, and they endorsed harsher punishment than did officers in the neutral condition. The effects of the racial primes were not moderated by consciously held attitudes about African Americans. The implications of the findings for racial disparity in the juvenile justice system and for changing unconscious stereotypes were discussed.     

Decomposing disproportionate minority contact in juvenile justice

The objective of this study was to decompose racial disparity in juvenile justice decision-making into a part explained by differing characteristics of racial groups, and an unexplained part often attributed to discrimination. Individual case-level data from Alabama and logistic regression were used to model detention, petition, and disposition decisions in the juvenile justice system. Decomposition of racial disparity between white and black juveniles using the nonlinear Blinder-Oaxaca methodology suggested that about a half to three fourths of the racial gaps in the three juvenile justice decision points were caused either by discrimination or unobserved predictors. Decomposition of racial disparity in juvenile justice can help devise effective public policy by quantifying the extent to which specific policies can reduce disproportionate minority contact.     

PERSPECTIVES ON PAROLE DECISION-MAKING WITH JUVENILES

Parole as applied to juveniles is something about which we have generated little systematic knowledge and few theories. The purpose of the present study is to present and assess various perspectives that are potentially fruitful in exploring parole decision-making with juveniles. Material drawn from parole decision research with adults is juxtaposed to that derived from more theoretical sociological perspectives, and both are evaluated in view of the philosophy of the juvenile justice system. Results are presented which suggest that the social service orientation of the juvenile justice system is not very helpful in understanding parole decision-making. Rather, it would appear that an analysis of “normal cases” forms the basis of decisions and that race constitutes a basic sorting variable. Furthermore, it is suggested that different sets of factors are used in decision-making for offenders of different races.     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.     

CUMULATIVE DISADVANTAGE: EXAMINING RACIAL AND ETHNIC DISPARITY IN PROSECUTION AND SENTENCING

Current research on criminal case processing typically examines a single decision‐making point, so drawing reliable conclusions about the impact that factors such as defendants’ race or ethnicity exert across successive stages of the justice system is difficult. Using data from the New York County District Attorney's Office that tracks 185,275 diverse criminal cases, this study assesses racial and ethnic disparity for multiple discretionary points of prosecution and sentencing. Findings from multivariate logistic regression analyses demonstrate that the effects of race and ethnicity vary by discretionary point and offense category. Black and Latino defendants were more likely than White defendants to be detained, to receive a custodial plea offer, and to be incarcerated—and they received especially punitive outcomes for person offenses—but were more likely to benefit from case dismissals. The findings for Asian defendants were less consistent but suggest they were the least likely to be detained, to receive custodial offers, and to be incarcerated. These findings are discussed in the context of contemporary theoretical perspectives on racial bias and cumulative disadvantage in the justice system.     

The Effect of Race on Juvenile Justice Processing

Studies concerning differential treatment of minority youths in the juvenile justice system have not provided conclusive evidence. However, previous literature has revealed methodological problems which may account for the inconsistency among previous studies. Multi-stage design, adequate control of legal and non-legal variables, and refined measurement of social variables have been demonstrated as crucial elements in resolving the inconclusiveness in previous studies. The purpose of this study is to employ these approaches to detect case-handling bias at three stages of juvenile justice processing: detention, adjudication, and disposition. Data were obtained from juvenile cases reported to the Ohio trial court in 1989. A total of 2,334 court cases were randomly sampled from 17 Ohio counties. Research findings showed a differential treatment of minority juveniles at the detention stage. Further, detention status was also found to have an increasing impact at the two subsequent decision points.     

Knowledge and perceptions of juvenile justice officials about selection bias

This study examined the knowledge and perceptions of juvenile justice officials about selection bias and other causes associated with minority overrepresentation. In-depth interviews were conducted with officials working at major decision-making levels in the juvenile justice system of the Commonwealth of Kentucky. Almost half of the officials did not perceive selection bias to be present in the system. The other officials were divided in their beliefs about the possibility that selection bias could be the result of isolated incidents of discrimination as opposed to systematic race and class biases in the society and juvenile justice system. The study concluded that most judges, county attorneys, police officials, and some court designated workers thought that the system was fair and equitable.     

Trauma‐Informed Approaches to Juvenile Justice: A Critical Race Perspective

Youth of color experience disproportionate juvenile justice contact and recidivism. Trauma‐informed approaches may provide important support to these youth and improve their future outcomes. This paper describes dynamics of the various levels of the juvenile justice system (i.e., police contact, courts, correctional placement, aftercare) that perpetuate psychological trauma among adjudicated youth of color. This paper explores trauma‐informed approaches from a critical race theory perspective to address issues of systemic racial injustice in the juvenile justice system. Current and emerging models for trauma‐informed juvenile justice and implications for practice, policy, and research are discussed.     

The Conditioning Effects of Race and Gender on the Juvenile Court Outcomes of Delinquent and “Neglected” Types of Offenders

Drawing upon concepts from prior research that emphasize race and gender stereotyping, the present research compares how delinquent and “neglected” types of offenses (i.e. status offenses, probation violations, youth charged with contempt) are treated across three juvenile court outcomes. Beyond how offense type may directly impact case outcomes, we also investigated whether race and gender influenced juvenile justice processing within each offense type. Using data from two Mid-Atlantic States, results indicated that type of offense, race, and gender resulted in both severe and lenient case outcomes depending on the stage examined. By including different types of offenses that represent a significant percentage of youth that have been relatively neglected in prior research, the current study provides greater insight into the contexts of race and gender disparities in juvenile justice decision-making. The implications of the findings and directions for future research are also discussed.     

Differentiating among racial/ethnic groups and its implications for understanding juvenile justice decision making

Both theory and research have been refined to gain a better understanding of when race and ethnicity matter in justice proceedings. In the present research, this line of inquiry was continued by differentiating among minority youth to assess the extent being African American, Native American, and Asian American influenced juvenile justice decision making and how these effects compared to one another and Whites. Utilizing an interpretation of the symbolic threat thesis that emphasizes stereotyping, the authors anticipated Native Americans to be responded to more severely than African Americans, followed by Asian Americans who were anticipated to be responded to more like Whites. The results indicated partial support for these expectations.     

When does Race and Gender Matter? The Interrelationships between the Gender of Probation Officers and Juvenile Court Detention and Intake Outcomes

Racial and gender disparities in case outcomes have recently been explained by a focus on the characteristics of court officers within the context of the interplay between discretion, stereotyping, and the perceptions of decision-makers. Using data within a single juvenile court jurisdiction, the present study continues this line of inquiry to assess: (1) how race and gender, individually and in combination, influence juvenile justice decision-making and (2) how court outcomes for certain race/gender combinations are conditioned by the gender of the court officer. Results indicate that, to some degree, the race and gender of the youth along with the gender of the court officer influenced case outcomes; however, the findings were not always in the expected direction. The results have implications for broadening the contexts of detention and intake decision-making, and may also better inform efforts to address the equitable treatment of youth in the juvenile justice system.     

Gender and Case Processing Decisions

ABSTRACT

Research conducted during the past twenty years has not provided definitive answers to questions concerning the effect of gender on criminal justice decision making. Some researchers conclude that females receive preferential treatment, while other conclude either that there are no differences or that females are treated more harshly than males. This study uses data on male and female defendants charged with violent felonies to examine the effect of gender on seven case processing decisions. We also probe for interactions between defendant gender and defendant race. We find that female defendants are more likely than male defendants to have all of the charges against them dismissed and that females are sentenced less harshly than males. We also find that gender and race interact. The results of our analysis cast doubt on the validity of the so-called “evil woman thesis” and highlight the importance of testing an interactive model that incorporates the effects of both gender and race.     

Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.     

The Impact of Victim Demographics on Case Outcomes in Delinquency Proceedings: An Empirical Test

While the impact of the defendant's sex and race on processing decisions is well researched, less is known about the impact of the victim's sex and race on juvenile court decision making. Using data from the juvenile court in St. Louis, Missouri, this study explores direct and interactive effects of the victim's sex and race on outcome decisions for juvenile offenders. Findings suggest that legal differences account for most of the observed differences in detention, commitment and adjudication among the sample studied.     

Juvenile Justice Processing:The entangled effects of race and urban poverty

This study addresses the issue of how race and urban poverty affect minority overrepresentation in the juvenile justice system, using data from 2,003 court cases referred to 13 urban Ohio juvenile courts in 1989. Results of logistic regression analyses show that: 1) minority offenders are more likely to be detained than whites; 2) detention status augments juveniles' chances of being adjudicated and confined; 3) minority juveniles who are from welfare families are more likely to be confined than their self-sustaining counterparts. A cultural stereotype based on juveniles' race and class constitutes the basis of differential treatment.