Disproportionate minority contact in juvenile justice: today’s,and yesterdays,problems

Disproportionate minority contact (DMC) has been a perplexing problem for the juvenile justice system, and recognized as a national priority since the 1980s. The over-representation of minority youthful offenders throughout juvenile court processing, from arrests to dispositions, has not changed even though significant federal and state efforts have been employed. This paper reviews these racial and ethnic disparity problems, and investigates the history of the juvenile justice system and courts, from the eighteenth century to today’s reformation movement, identifying that DMC is not a recent phenomenon. The history of slavery and the Jim Crow Era greatly impacted the establishment of the juvenile courts and child-centered justice efforts, finding disparities at all historical markers where records are available. When reviewing DMC as we know it today through this context, an argument can be made that limited progress has been made over the past 200 years.     

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

Research Summary The impact of Ohio's presumptive guidelines on sentencing disparities was examined for one of the state's largest jurisdictions to determine whether the switch to more structured sentencing in 1996 had any enduring effects. Sentencing patterns were examined both before and shortly after the 1996 reform, as well as 9 years later. Findings revealed weaker race and marital status effects on imprisonment under guidelines versus stronger age effects, no changes in disparities based on a defendant's sex and means of support, and (virtually) no changes in the magnitude of legally relevant effects. Policy Implications Ohio's guidelines are more flexible relative to other guideline schemes, possibly accounting for the general stability in effects across regimes. Ohio has since transitioned to voluntary guidelines, which raised concerns that the change will yield higher levels of sentencing disparities. Findings suggest that the transition may coincide with no changes in legal effects, yet with greater disparities based on a defendant's race and marital status.     

Statistical tests of discrimination in punishment

A method, adopted from the labor econometrics literature, is proposed for detecting discrimination in punishment. The method requires the separate estimation of time served and punishment probability equations for, say, whites and blacks. The coefficients from the white equation are used to predict the punishment blacks would receive if treated like whites. A test of no discrimination against blacks is a test that the black punishment predicted by the black equation is equal to the punishment predicted by the equation using the white coefficients but the black endowments or characteristics. A further test is proposed that evaluates the economic efficiency of disparities in punishment. The test is restricted to measuring the recidivism effect of equality of treatment in punishment. The discrimination test and the efficiency test are illustrated using the U.S. Board of Parole data for 1972. Statistically significant racial disparities in punishment are uncovered and are found to be economically inefficient.     

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980–2008: SORTING OUT THE “HISPANIC EFFECT” IN UNIFORM CRIME REPORTS ARRESTS,NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES,AND U.S. PRISONER COUNTS*

Recent studies suggest a decline in the relative Black effect on violent crime in recent decades and interpret this decline as resulting from greater upward mobility among African Americans during the past several decades. However, other assessments of racial stratification in American society suggest at least as much durability as change in Black social mobility since the 1980s. Our goal is to assess how patterns of racial disparity in violent crime and incarceration have changed from 1980 to 2008. We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks. Using 1980–2008 California and New York arrest data to adjust for this “Hispanic effect” in national Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) data, we assess whether the observed national decline in racial disparities in violent crime is an artifact of the growth in Hispanic populations and offenders. Results suggest that little overall change has occurred in the Black share of violent offending in both UCR and NCVS estimates during the last 30 years. In addition, racial imbalances in arrest versus incarceration levels across the index violent crimes are both small and comparably sized across the study period. We conclude by discussing the consistency of these findings with trends in economic and social integration of Blacks in American society during the past 50 years.     

THE MULTILEVEL CONTEXT OF CRIMINAL SENTENCING: INTEGRATING JUDGE‐ AND COUNTY‐LEVEL INFLUENCES*

This study extends recent inquiries of contextual effects in sentencing by jointly examining the influence of judge and courtroom social contexts. It combines two recent years of individual sentencing data from the Pennsylvania Commission on Sentencing (PCS) with data on judicial background characteristics and county court social contexts. Three‐level hierarchical models are estimated to investigate the influence of judge and county contexts on individual variations in sentencing. Results indicate that nontrivial sentencing variations are associated with both individual judge characteristics and county court contexts. Judicial background factors also condition the influence of individual offender characteristics in important ways. These and other findings are discussed in relation to contemporary theoretical perspectives on courtroom decision making that highlight the importance of both judge and court contexts in sentencing. The study concludes with suggestions for future research on contextual disparities in criminal sentencing.     

When Identifying Health Disparities as a Problem Is a Problem: Pedagogical Strategies for Examining Racialized Contexts

The current study presents a critical discussion on community responses to health disparity research and the need for utilizing pedagogical strategies to prepare students to understand and address health disparities in racialized contexts. Qualitative research methods were used to examine community responses to media stories on two health disparity research projects, and four themes emerged: naming health disparities is a tool for dividing, structural racism does not exist, naming of health disparities is a political act, and health disparities exist because of individual-level deficiencies. The implications for teaching students about racial health disparities are presented and discussed.     

Using Administrative Data to Monitor Racial/Ethnic Disparities and Disproportionality Within Child Welfare Agencies: Process and Preliminary Outcomes

Child welfare administrative data are increasingly used to identify racial/ethnic disproportionality and disparities at various levels of aggregation. However, child welfare agencies typically face challenges in harnessing administrative data to examine racial/ethnic disproportionality and disparities at meaningful levels of analysis due to limited resources and/or tools for reporting. This article describes the process through which a multi-state workgroup designed and developed management reports to monitor racial/ethnic disparities and disproportionality using a web-based child welfare administrative data reporting system. The article provides an overview of the process, outcome, and challenges of the group’s work with the goal of offering a starting point for discussion to others who may be seeking to monitor racial/ethnic disparities and disproportionality, regardless of their reporting system.     

Analytical Rigor in Studies of Disparities in Criminal Case Processing

Studies of racial/ethnic disparities in criminal case processing have yielded mixed results. Some differences in findings have probably resulted from analyses of different social settings, but some could be attributable to differences in analytical rigor between studies. Contextual analyses are pointless unless the research yields unbiased estimates of the true relationships between a defendant's race/ethnicity and case dispositions. This goal may be furthered by conducting analyses that simultaneously incorporate the following: (a) corrections for sample bias, (b) analyses of several stages of case processing, (c) measures of prior record and offense seriousness which maximize explained variation in the dependent variables examined, (d) statistical controls for extralegal variables that correlate with case dispositions, and (e) more rigorous statistical tests for interactions. To demonstrate potential differences in findings from analyses with and without these characteristics, results from a study of 1586 Mexican- and Anglo-American defendants from Dona Ana County, New Mexico, are presented.