MODELING THE EFFECTS OF RACIAL THREAT ON PUNITIVE AND RESTORATIVE SCHOOL DISCIPLINE PRACTICES*

It is clear that schools are mirroring the criminal justice system by becoming harsher toward student misbehavior despite decreases in delinquency. Moreover, Black students consistently are disciplined more frequently and more severely than others for the same behaviors, much in the same way that Black criminals are subjected to harsher criminal punishments than other offenders. Research has found that the racial composition of schools is partially responsible for harsher school discipline just as the racial composition of areas has been associated with punitive criminal justice measures. Yet, no research has explored comprehensively the dynamics involved in how racial threat and other factors influence discipline policies that ultimately punish Black students disproportionately. In this study (N = 294 public schools), structural equation models assess how school racial composition affects school disciplinary policies in light of other influences on discipline and gauge how other possible predictors of school disciplinary policies relate to racial composition of schools, to various school disciplinary policies, and to one another. Findings indicate that schools responding to student misbehavior with one type of discipline tend to use other types of responses as well and that many factors predict the type of disciplinary response used by schools. However, disadvantaged, urban schools with a greater Black, poor, and Hispanic student population are more likely to respond to misbehavior in a punitive manner and less likely to respond in a restorative manner.     

A policy maker's guide to controlling delinquency and crime through family interventions

For the past two decades, the trend in juvenile justice has been toward more punitive policies and laws. Implicit in these policies is a belief that children are cognizant of and wholly responsible for their behaviors, and therefore deserve the punitive responses they receive. The actions of people and institutions who surround children, however, play vital roles in their development. Therefore families appear to be a crucial, potentially productive point of intervention at which to reduce the likelihood of delinquency. This paper explores the relationship of family life to delinquency and derives five policy strategies to reduce delinquency: 1) prenatal and early childhood health care, 2) early intervention, 3) comprehensive family policy, 4) family treatment for troubled youths, and 5) parent training.     

Stereotypes influence beliefs about transfer and sentencing of juvenile offenders

Despite sharp drops in juvenile crime since the mid-1980s, punitive policies regarding juveniles who commit serious offenses still exist. We assessed beliefs about two such practices: transferring offenders from the juvenile justice to the criminal justice system, and subjecting them to sentences of life without parole (LWOP). We examined whether stereotypes about juvenile offenders – the extent to which people believe they are dispositionally violent superpredators versus economically and socially impoverished wayward youth – influence support for these policies. We measured 321 participants’ beliefs about the causes of juvenile crime and juveniles’ potential for recidivism and rehabilitation. Using vignette methodology and actual case facts, we described a 13-, 17-, or 21-year-old offender who murdered a stranger or abusive parent, and asked whether he should be transferred to criminal court and sentenced to LWOP. As endorsement of the superpredator stereotype increased, so did support for these practices. Offenders who murdered an abusive parent were shown more leniency. Older offenders were generally treated harsher, except by people with strong superpredator stereotypes who, on the issue of LWOP appropriateness, did not distinguish among juveniles of different ages. Findings suggest that stereotypes can influence judgments in cases involving juveniles and indirectly affect policy-making about juvenile offending.     

Variations in mental health problems, substance use, and delinquency between African American and Caucasian juvenile offenders: implications for reentry services

The incarceration of young people is a growing national problem. Key correlates of incarceration among American youth include mental health problems, substance use, and delinquency. The present study uses a statewide sample of incarcerated youth to examine racial differences in African American and Caucasian juvenile offenders' outcomes related to mental health, substance use, and delinquency. The data indicate that relative to Caucasian offenders, African American offenders report lower levels of mental health problems and substance use but higher levels of delinquent behavior such as violence, weapon carrying, and gang fighting. The data further reveal that African American offenders are more likely than Caucasian offenders to be victims of violence and to experience traumatic events such as witnessing injury and death. Recognition of these patterns may help to improve postrelease services by tailoring or adapting preexisting programs to patterns of risk factors and their relative magnitudes of effect.     

The politics of race and juvenile justice: The “due process revolution” and the conservative reaction

Through the prism of race, this article analyzes the social structural and political context of juvenile justice law reforms over the past half century. Throughout the 1950s and 1960s, the Supreme Court imposed national legal and equality norms on recalcitrant southern states that still adhered to a segregated Jim Crow legal regime, and these norms provided the impetus for the Supreme Court's juvenile court “due process” decisions in the 1960s. The article then analyzes sociological, criminological, racial factors, media coverage, and political dynamics of the 1970s and 1980s that contributed to the “get tough” legislative reformulation of juvenile justice policies in the 1990s. During this period, conservative Republican politicians pursued a “southern strategy,” used crime as a code word for race for electoral advantage, and advocated “get tough” policies, which led to punitive changes in juvenile justice laws and practices and have had a disproportionate impact on racial minorities.     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

LYNCHINGS,RACIAL THREAT,AND WHITES’ PUNITIVE VIEWS TOWARD BLACKS

Disparities in historical and contemporary punishment of Blacks have been well documented. Racial threat has been proffered as a theoretical explanation for this phenomenon. In an effort to understand the factors that influence punishment and racial divides in America, we draw on racial threat theory and prior scholarship to test three hypotheses. First, Black punitive sentiment among Whites will be greater among those who reside in areas where lynching was more common. Second, heightened Black punitive sentiment among Whites in areas with more pronounced legacies of lynching will be partially mediated by Whites’ perceptions of Blacks’ criminality and of Black‐on‐White violence in these areas. Third, the impact of lynching on Black punitive sentiment will be amplified by Whites’ perceptions of Blacks as criminals and as threatening more generally. We find partial support for these hypotheses. The results indicate that lynchings are associated with punitive sentiment toward Black offenders, and these relationships are partially mediated by perceptions of Blacks as criminals and as threats to Whites. In addition, the effects of lynchings on Black punitiveness are amplified among White respondents who view Blacks as a threat to Whites. These results highlight the salience of historical context for understanding contemporary views about punishment.     

Presidential address: Juvenile justice at the crossroads: Presidential address to the academy of criminal justice sciences

Three interacting factors appear to significantly affect our treatment of youths and thus our juvenile justice policy: ideology, the media, and politics. As a result of these factors, although juvenile violent crime is decreasing, legislatures still advocate a harsh, punitive stance toward youthful offenders. Legislative initiatives have resulted in determinate sentencing for juveniles, more youths handled by the adult criminal court, and more youths sentenced to adult institutions. Recent evidence suggests that the public supports more prevention and early intervention strategies for youths and favors rehabilitation rather than punishment. These conflicting trends suggest that we are at a crossroads: the juvenile justice system can continue its harsh, reactive stance, or it can choose a more proactive approach. The members of the Academy of Criminal Justice Sciences have an opportunity to play an active role in the development of criminal justice policy.     

Food security and secure food in the Anthropocene

Delinquency in middle class areas (and why it is low) has been a neglected topic in criminology. The book by Singer [1] advances knowledge about this topic, focussing on Amherst (NY), but also comparing it with the high crime area of Newark (NJ). The book discusses various community and neighborhood factors that might have contributed to the low crime rate in Amherst, but also emphasizes the importance of parenting and juvenile justice processing. The book highlights the need for more research on community/neighborhood effects on offending after controlling for individual and family factors. It also highlights the need for more research on self-reported delinquency versus court processing of middle class versus lower class youth, and on possible juvenile justice system biases after controlling for characteristics of offenses and offenders. Its main policy implications are that more programs and opportunities are needed for youth in lower class areas, there should be more efforts to increase collective efficacy in these areas, and juvenile court processing should be minimized as much as possible.     

Racial Bias in the Criminal Justice System: Shifting the Focus from Outcome to Underlying Causes

Abstract Over-representation of minority offenders in all phases of the criminal justice system has been recognized as a problem in the United States. Much controversy surrounds the question of whether the criminal justice system is “racist.” This inquiry goes beyond the traditional emphasis on the symptoms of racial disparity within the system, and asks whether differences exist between racial groups in their exposure to psychosocial factors that are found to relate to delinquency. The purpose of the study was to expose possible personal, familial, and societal causes of racial over-representation rather than merely place blame on the criminal justice system. The study examined institutionalized delinquent offenders. Among the findings are ones that indicate that blacks report significantly less access to intermediary treatment resources such as psychiatric and drug treatment facilities, community treatment referrals, and placement in foster homes. Blacks were over-represented in the more serious offense levels for both current and prior offenses. Whites were over-represented in mental dysfunction measures of chronic alcohol and drug abuse, suicide attempts, institutionalization in psychiatric or drug treatment facilities, and running away from home. The difference in racial representation raises some critical questions of possible inequality in exposure to environmental factors related to criminal behavior and unequal access and referral to intermediate treatment services prior to incarceration.     

THE TIMING AND MECHANISMS OF THE OFFENDING‐DEPRESSION LINK*

Why is juvenile delinquency associated with depression in young adulthood? One possibility is that delinquency interferes with socioeco‐nomic attainment and disrupts entry into adult roles, perhaps because of official labeling processes or adolescent socialization into deviance, and these repercussions of delinquency lead to depression. Another possibility is that grown delinquents may show high levels of depression because they tend to offend in adulthood, and adult offenders tend to be depressed. I use data from the National Longitudinal Study of Adolescent Health to examine the timing and mechanisms of the offending‐depression relationship. The results suggest that delinquency is negatively associated with later status attainment and that the status attainment deficits of grown delinquents are not fully explained by justice system contacts or by adolescent delinquent peer influence. A portion of the longitudinal delinquency‐depression link is explained by the low levels of education of grown delinquents and by their involvement with the justice system. Still, young adult depression is more closely tied to recent offending than it is to juvenile delinquency, official labeling, or the status attainment consequences of delinquency.     

PUNITIVE SENTIMENT

Scholarship has long noted the importance of understanding the changes that occur over time in aggregate public support for punitive criminal justice policies. Yet, the lack of a reliable and valid measure of this concept limits our understanding of this aspect of the criminal justice system. This research develops a measure of public support for punitive policies from 1951 to 2006 using 242 administrations of 24 unique survey indicators. It argues that punitive sentiment is politically constructed via frames focusing on the permissiveness of the criminal justice system. Punitive sentiment is estimated with an error‐correction model showing both the short‐ and long‐term relationships between punitive sentiment and presidential framing of crime, public dissatisfaction with social welfare policies, and perceptions of racial integration. The results highlight the complex dynamics responsible for the change over time in punitive sentiment as well as the possibilities of obtaining public support for alternative solutions to crime.     

THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

During the 2006–2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at‐risk youth and their families and to help facilitate coordination of youth‐related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth‐serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at‐risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at‐risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system.     

Comparing Sexuality,Aggressiveness, and Antisocial Behavior of Alleged Juvenile Sexual and Violent Offenders,

Sexual delinquency in juveniles is insufficiently explored in regard to the specificity of offender characteristics. The aim is to investigate relevant areas for juvenile sexual offending in a precourt, pretreatment group. Thirty‐two alleged juvenile sexual offenders (ASO) referred to by police were compared with 32 juvenile nonsexual violent offenders (VNO) on standardized measures of aggressiveness and psychopathology, antisocial behavior, substance use problems, and sexuality. Less externalizing disorders and antisocial behavior were found among the ASOs than among the VNOs. The ASO group was sexually less experienced, had less trust in their relationship abilities, fewer victimization experiences, and reported more sexual deviance, while pornography use and obscene calls were reported less often. Few juvenile sexual offenders had severe problems in the investigated areas. Including groups of offenders before court, treatment or incarceration in research appears crucial to understand the full spectrum of sexual deviance in youth and avoid misguidance due to selection factors.     

Diverting and Abdicating Judicial Discretion: Cultural, Political, and Procedural Dynamics in California Juvenile Justice

Although tensions between substantive and formal rationality in the adult criminal justice system have received a great deal of attention, the existence of these tensions in the juvenile justice system has received little scholarly consideration. I seek to remedy this gap by exploring how punitive policies associated with the war on crime impact the formal and informal process of justice, the court community and work group, and the exercise of discretion in the juvenile courts. Drawing on qualitative data collected in three juvenile courts in Southern California, I identify the mechanisms by which prosecutors divert judicial discretion from the traditional rehabilitation-oriented bench officers to bench officers who are more accepting of the criminalization of juveniles. In addition, I investigate how and why rehabilitation-oriented bench officers at times abdicate their decisionmaking authority and make rulings that contradict their own assessments. My findings suggest that as the war on crime is extended to youth, the juvenile courts increasingly share the criminal courts' emphasis on offense rather than offender, enhanced prosecutorial power, and adversarial relationships within the court.     

Risk assessment vs real prediction: The prediction problem and public trust

Confusing risk assessment and the prediction of individual behavior has led to false claims which, if translated into juvenile court or adult sentencing policies (selective incapacitation, for example), may lead to further erosion in public confidence in the justice system. Considerable emphasis has been placed on the consequences of false positives in the literature and in this paper. The false negative has different but equally damaging effects because the impression may be given that increasing the severity of sanctions for selected serious offenders is the solution to juvenile delinquency and adult crime. Analysis of official police records for three birth cohorts from Racine, Wisconsin, reveals that, although high-risk groups produce a disproportionate share of the delinquent and criminal behavior recorded in police reports and juveniles in high-risk groups continue into adult crime disproportionately to others, serious juvenile offenders still account for only a portion of the serious offenses that will ultimately be committed by adults. Therefore, selective incapacitation of early offenders may take only a small bite out of crime. When referrals rather than police contacts were utilized as the predictor variable, there was little difference in predictive efficiency.     

Sex,Gender, Multidimensional Value Space,and Social Cultural Resistance—Afrocentrism

This article examines the applicability of the theory of multidimensional value space by Lynn A. Curtis and the theory of social cultural resistance—Afrocentrism by Daniel E. Georges-Abeyie for explaining so-called Black crime and Black juvenile delinquency in general and Black female crime and Black female juvenile delinquency in particular. It notes that the increase in so-called Black crime and Black juvenile delinquency in general and Black female crime and Black female juvenile delinquency in particular may be illusion, not fact. This article notes that perception, at times illusion, may have, and frequently does have, real outcomes, including criminal justice outcomes and delinquency outcomes. It notes that the so-called Black racial monolith is a fiction that race and ethnicity are distinct entities, as are sex and gender that the so-called Black racial monolith consists of distinct Black ethnic identities. The article notes that Black crime, female and male, and adult and juvenile delinquency may be manifestations of primary psychopathy, secondary psychopathy, and dyssocial psychopathy, as noted in the theory of social cultural resistance—Afrocentrism.     

Preventing juvenile sexual offending through parental monitoring: a comparison study of youth’s experiences of supervision

ABSTRACT

The parental monitoring literature has long observed a link between parental monitoring and juvenile antisocial behaviour. This study extends this line of research to juveniles who commit sexual abuse. The present study investigates whether juvenile reports of parental monitoring differ between juvenile sexual offenders (n?=?338), juvenile delinquents (n?=?346), and non-incarcerated juvenile controls (n?=?256). Results indicate that both incarcerated groups reported significantly less parental knowledge compared to juvenile controls. Further, both juvenile sexual offenders and juvenile controls reported significantly more parental control compared to juvenile delinquents. With regard to parental solicitation, the results were mixed for sexual offenders. They reported high levels of solicitation for some items (e.g. what the youth was doing, who they were with), and lower levels for other items (e.g. where the youth was, whether an adult would be present). When repeating these analyses with the exclusion of non-parent caregivers, a similar pattern of results emerged; however, item-level analyses revealed that parents of juvenile delinquents reported certain types of solicitation and control behaviours more frequently (e.g. asked where the youth was going, made sure the rules were followed) compared to findings from the main sample. Potential explanations for these findings as well as practical implications for prevention are discussed.     

Isolation and normlessness: attitudinal comparisons of adolescent sex offenders, juvenile offenders, and nondelinquents

The authors explored attitudinal differences among adolescent male sex offenders, juvenile delinquents, and nondelinquent youth based on three variables drawn from integrated delinquency theory: conventional attitudes, normlessness, and social isolation. Consistent with previous juvenile delinquency studies, the results indicate no differences among the three groups on conventional attitudes. With respect to normlessness, both the sex offenders and juvenile delinquent groups demonstrated more school normlessness than did nondelinquent youths, and adolescent sex offenders showed greater peer normlessness than did either nondelinquent youths or juvenile delinquents. Examination of perceived social isolation among the three groups indicates that sex offenders consistently perceived themselves as more isolated than other youths with their families, in their school, and among their peers. These results suggest that interpersonal factors, in addition to a lack of social controls and normlessness, are associated with sexually inappropriate behavior.