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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
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 2
Disproportionate Treatment of Black Boys and Girls in the Juvenile Justice System
Introduction
Nature of the Research Problem:
In the United States, the incarnated youth represents the biggest number compared to any
other country in the world which is attributed to the juvenile courts reflecting the largest trend of
the incarcerated practices. There are a big number of youths who are serving life without parole
on crimes they committed as minors. Despite the U.S Supreme Court referring the life-without-
parole sentencing as unconstitutional for the juveniles except for the homicide offenders, the
state is yet to fully respond to the ruling. Most of the youths who are in the juvenile facilities are
from the minority population which raises a lot of question of equality on the juvenile justice
system.
Racial disparities had not improved over time. The extent of the black Americans
involvement disparities in the judicial system compared to the white youths have also been noted
in years. Due to the high disparities, the question on the disproportionate racial representation of
the minority groups in the judicial justice system has raised the question on the equality and fair
treatment by those who are involved in the judicial justice system to compose of the courts,
police or any other stakeholder (Laub, 2018). The discrepancies start from the arrests, being
processed, the likelihood of being sent to the secure confinement and transference to adult
facilities. Since the role of the judicial justice system dealings has a significant effect on the
development of these youths in the future, the question of recommitting the crime and ability to
change for the better arises. It is evident that racial disparity in the juvenile justice system has
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 3
become an elephant in the room with less on the cause and remedies of the same being focused
on.
The study is focused on understanding the disproportional treatment of black girls and
boys in the juvenile judicial system. The study will dig deep on the key causes, impact and
possible remedies of the racial disproportional treatment of the black girls and boys in the
juvenile judicial system (National Research Council, 2013).
Background and Significance
Background of the study
Public and scholarly discussions on the disproportional treatment on racial disparity in
the treatment of minority groups and the role they play in shaping society responses, the genesis
of antisocial and criminal behavior have been done various times in history. Given that there are
increased discussions on race/ethnicity, it is not surprising that the disproportional treatment of
the black Americans discussion was oriented from that of race/ethnicity. Some of the key factors
which have been associated with disproportional treatment compose of social racialization,
biasness and decision making.
Factors behind the social disparity
Structural racialization
The term usually refers to the principles in the society which usually structure the society
as a complex organization that usually affect how people relate or interact. This can also be
referred to as the structural racism due to its ability to explain how some system in the society to
Showing Page:
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 4
compose of employment, healthcare, education, neighborhood, and others interact to support
racism. This is one of the key aspects which have been used by scholars in explaining racial
disparity in the juvenile judicial system. Structural racism is usually responsible for the
interrelated activities which usually as a result of the minority’s unequal treatment.
Social racialization usually urges that, racism beings either in the community or in
schools. The law enforcers and policymakers in the education sector have a better opportunity of
correcting delinquency behaviors. However, this is not the case. There is minimal involvement of
the community, educational stakeholders youths in the decision making process. The school
treats the whites and black youths differently, For example, a black student is subjected to arrests
due to misbehaving and are said to be unwilling to learn while the whites are likely to get be
referred for medical assistance due to the behavior problems. This explains the racial disparity
from the community set-up, which extends to the juvenile judicial system.
Bias factors
Racial bias is the difference in behavior portrayed by an individual which is usually
attributed to their ethnicity/race. Bias can either be Explicit or implicit. Implicit bias refers to the
bias which is portrayed unknowingly while explicit is knowingly portraying a behavior knowing
the effect of the same. The bias factor plays a significant role in explaining the disproportional
treatment of black boys and girls compared to the whites.
Explicit bias is easily recognized compared to the implicit form. If there are no social
norms, people with this form of bias could be able to openly biasness and explain the reason
behind their actions. One of this form of biasness is expressed in Vidal, et al. (2017), where
Showing Page:
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 5
Justice Sotomayor was referred to as racially biased through asking the 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). In some instances in
the past, explicit has been witnessed especially when blacks were not allowed to vote.
Implicit bias is evident in instances where people unknowingly change their thoughts and
behaviors. For example, in cases where people make decisions based on stereotypes. For
instance, in cases where a white and black man is arguing on ownership of property, most people
are likely to think that it is likely the white man’s.
Discretionary Decision Making
In some cases, decisions made especially in schools are subjective to biasness. For
example, in most of the schools, blacks are likely to be expelled due to minor mistakes against
the policies which require that suspension should be only taken in cases where there are major
disciplinary actions. Some of the key decisions in the juvenile justice system are said to be
biased and reflect racial disparity. One of the key examples of racial disparity is in policing
where police officers are likely to patrol the minority dwellings compared to that of the whites.
What has been done?
One of the key steps which have been taken to rectify the disproportional treatment of the
minority composes of policy making and scholarly discussions.
Policy making
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
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Due to the racial disparity, amendment of the 1974 juvenile justice and delinquency act
was done in 1988 to state that the acts formulae grants problem to address the minority juvenile
disproportional confinement in secure facilities. The process required the state to assess the level
of confinement in the juvenile system and was required to address disproportionate through
strategy implementation. The disproportionate minority confinement initiative was then set by
judicial justice and delinquency prevention for addressing the problem. Due to the inability of
the Act's amendments to completely solve the disproportional treatment to the minority groups,
amendments have continued to date (Peterson, Krivo, & Russell 2018).
The significance of the study
Despite scholarly research and policy focus especially on the past two decades, there is
little remarkable progress which has been seen in reducing the disproportional treatment along
the ethnic/racial lines. Less progress has been achieved in reaching a consensus on the root cause
of these racial disparities in the juvenile judicial system. Over time, there has been a volume of
data documented with little progress in addressing the problem which can be considered ironical.
It is evident that minimal research has been done on the root cause of the disproportional
treatment of the black boys and girls in the juvenile justice system as well as that of the current
trends. Understanding the root cause will be essential in choosing the necessary policing reforms
which need to be undertaken to reduce the rate of disproportional treatment. This is also expected
to inform on the necessary changes which need to be undertaken to the communities focused on
reducing the overall judicial incarnation rate.
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
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The juvenile justice system is a critical judicial process in the nation due to its effect on
the youth’s large life-course trajectory. Hence, it is essential to ensure that the process if fair,
unbiased and legit. Hence, the study is significant to the policymakers in informing them the
essential policies they need to make and necessary reforms focused on reducing the racial
disparity in the juvenile judicial system. Secondly, the study will be significant to scholars and
academicians, in increasing the body of knowledge on the juvenile judicial system, racial
disparities, and policymaking. Finally, the research will be significant to students and upcoming
scholars through suggesting areas for further research which need to be addressed.
Barriers & Issues
Some of the key factors which I anticipate that they might hinder my progress in the
research compose of lack of participants to undertake the study, lack of current data and
insufficient resources.
Lack of participants can be attributed to the unwillingness of most of the stakeholders to
open up in some aspects which may hinder me from accessing the necessary data. Also, the
research may call for interviewing of some minors who have been at one or more times
undergone the juvenile justice system and either they or their parents may be against them being
involved in the research. To overcome this barrier, I will need to observe the informed consent
ethics and respect the confidentiality and respect of the participants. I will have to ensure that I
give pertinent information to the participants to ensure they make an informed decision on being
involved in research. I will also ensure that I get approval from parent or guardians for the
Showing Page:
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 8
minors who will participate in the study. Respecting the confidentiality and privacy of the
participants will call me not to reveal their identity of the participants if they do not want to.
Lack of current data may also be a key barrier to our research and may affect the
effectiveness of the recommendation we make. To overcome the barrier, I will use informed
consent on the department of justice to persuade them to provide me with the necessary data. I
will require a recommendation letter from the school which will persuade them to trust me with
the confidential data.
Finally, the research will require a lot of resources on the structuring of research tool,
printings, recruiting the participants, traveling and other miscellaneous costs. This might be
expensive and may hinder me from efficiently conducting the study. However, I plan to
overcome the barrier through looking for a potential sponsor who might be an institution,
professor or any other interested personnel who we may work with to ensure that the research is
efficiently done.
Purpose Statement
The purpose of the study is to describe the disproportional treatment on the black boys
and girls in the juvenile justice system and providing necessary measures to reduce the same.
Definition of Terms
Adjudication of the delinquency-The term is used to describe the formal findings after the
adjudicatory hearing by the juvenile court.
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 9
Parole This term is used to describe the temporal release of lawbreaker who is supposed to be
held in the facility after agreeing to certain conditions. This might be revoked if the offender fails
to comply with the conditions which are commonly known as parole revocation.
Bail- the term is used to describe the set of restriction for the conditional release of the
defendants which are focused on ensuring that they will appear in court.
Probation- This is used in describing the period of supervision usually ordered by the court to the
offender in criminal law instead of them serving the time in prison. In this context, the term is
used in describing this period but strictly for the juveniles instead of them serving in the juvenile
facilities.
The life-course trajectory-the term can be defined as the path of life which one may choose. In
this context, the term is used in describing the direction the youths may take in the future after
going through the juvenile justice system.
The informed consent-the term means giving the participants every important information they
will need to guide them in making an informed decision to participate in research. For the
minors, it means obtaining necessary information from the guardians to allow them to participate
in the study.
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DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE
JUSTICE SYSTEM 10
References
Peterson, R. D., Krivo, L. J., & Russell-Brown, K. (2018). COLOR MATTERS: Race, Ethnicity,
Crime, and Justice in Uncertain Times. Du Bois Review: Social Science Research on
Race, 15(1), 1-11.
National Research Council. (2013). Reforming juvenile justice: A developmental approach.
National Academies Press.
Laub, J. H. (2018). Reducing justice system inequality: Introducing the issue. The Future of
Children, 28(1), 3.
Mooradian, J. K. (2015). When Minority Exceeds Majority: Understanding and Addressing
Disproportionate Minority Contact in the Juvenile Justice System. Understanding
Juvenile Justice and Delinquency, 175.
Vidal, S., Prince, D., Connell, C. M., Caron, C. M., Kaufman, J. S., & Tebes, J. K. (2017).
Maltreatment, family environment, and social risk factors: Determinants of the child
welfare to juvenile justice transition among maltreated children and adolescents. Child
abuse & neglect, 63, 7-18.

Unformatted Attachment Preview

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 DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE 2 JUSTICE SYSTEM Disproportionate Treatment of Black Boys and Girls in the Juvenile Justice System Introduction Nature of the Research Problem: In the United States, the incarnated youth represents the biggest number compared to any other country in the world which is attributed to the juvenile courts reflecting the largest trend of the incarcerated practices. There are a big number of youths who are serving life without parole on crimes they committed as minors. Despite the U.S Supreme Court referring the life-withoutparole sentencing as unconstitutional for the juveniles except for the homicide offenders, the state is yet to fully respond to the ruling. Most of the youths who are in the juvenile facilities are from the minority population which raises a lot of question of equality on the juvenile justice system. Racial disparities had not improved over time. The extent of the black Americans involvement disparities in the judicial system compared to the white youths have also been noted in years. Due to the high disparities, the question on the disproportionate racial representation of the minority groups in the judicial justice system has raised the question on the equality and fair treatment by those who are involved in the judicial justice system to compose of the courts, police or any other stakeholder (Laub, 2018). The discrepancies start from the arrests, being processed, the likelihood of being sent to the secure confinement and transference to adult facilities. Since the role of the judicial justice system dealings has a significant effect on the development of these youths in the future, the question of recommitting the crime and ability to change for the better arises. It is evident that racial disparity in the juvenile justice system has DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE 3 JUSTICE SYSTEM become an elephant in the room with less on the cause and remedies of the same being focused on. The study is focused on understanding the disproportional treatment of black girls and boys in the juvenile judicial system. The study will dig deep on the key causes, impact and possible remedies of the racial disproportional treatment of the black girls and boys in the juvenile judicial system (National Research Council, 2013). Background and Significance Background of the study Public and scholarly discussions on the disproportional treatment on racial disparity in the treatment of minority groups and the role they play in shaping society responses, the genesis of antisocial and criminal behavior have been done various times in history. Given that there are increased discussions on race/ethnicity, it is not surprising that the disproportional treatment of the black Americans discussion was oriented from that of race/ethnicity. Some of the key factors which have been associated with disproportional treatment compose of social racialization, biasness and decision making. Factors behind the social disparity Structural racialization The term usually refers to the principles in the society which usually structure the society as a complex organization that usually affect how people relate or interact. This can also be referred to as the structural racism due to its ability to explain how some system in the society to DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 4 compose of employment, healthcare, education, neighborhood, and others interact to support racism. This is one of the key aspects which have been used by scholars in explaining racial disparity in the juvenile judicial system. Structural racism is usually responsible for the interrelated activities which usually as a result of the minority’s unequal treatment. Social racialization usually urges that, racism beings either in the community or in schools. The law enforcers and policymakers in the education sector have a better opportunity of correcting delinquency behaviors. However, this is not the case. There is minimal involvement of the community, educational stakeholders youths in the decision making process. The school treats the whites and black youths differently, For example, a black student is subjected to arrests due to misbehaving and are said to be unwilling to learn while the whites are likely to get be referred for medical assistance due to the behavior problems. This explains the racial disparity from the community set-up, which extends to the juvenile judicial system. Bias factors Racial bias is the difference in behavior portrayed by an individual which is usually attributed to their ethnicity/race. Bias can either be Explicit or implicit. Implicit bias refers to the bias which is portrayed unknowingly while explicit is knowingly portraying a behavior knowing the effect of the same. The bias factor plays a significant role in explaining the disproportional treatment of black boys and girls compared to the whites. Explicit bias is easily recognized compared to the implicit form. If there are no social norms, people with this form of bias could be able to openly biasness and explain the reason behind their actions. One of this form of biasness is expressed in Vidal, et al. (2017), where DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 5 Justice Sotomayor was referred to as racially biased through asking the 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). In some instances in the past, explicit has been witnessed especially when blacks were not allowed to vote. Implicit bias is evident in instances where people unknowingly change their thoughts and behaviors. For example, in cases where people make decisions based on stereotypes. For instance, in cases where a white and black man is arguing on ownership of property, most people are likely to think that it is likely the white man’s. Discretionary Decision Making In some cases, decisions made especially in schools are subjective to biasness. For example, in most of the schools, blacks are likely to be expelled due to minor mistakes against the policies which require that suspension should be only taken in cases where there are major disciplinary actions. Some of the key decisions in the juvenile justice system are said to be biased and reflect racial disparity. One of the key examples of racial disparity is in policing where police officers are likely to patrol the minority dwellings compared to that of the whites. What has been done? One of the key steps which have been taken to rectify the disproportional treatment of the minority composes of policy making and scholarly discussions. Policy making DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 6 Due to the racial disparity, amendment of the 1974 juvenile justice and delinquency act was done in 1988 to state that the acts formulae grants problem to address the minority juvenile disproportional confinement in secure facilities. The process required the state to assess the level of confinement in the juvenile system and was required to address disproportionate through strategy implementation. The disproportionate minority confinement initiative was then set by judicial justice and delinquency prevention for addressing the problem. Due to the inability of the Act's amendments to completely solve the disproportional treatment to the minority groups, amendments have continued to date (Peterson, Krivo, & Russell 2018). The significance of the study Despite scholarly research and policy focus especially on the past two decades, there is little remarkable progress which has been seen in reducing the disproportional treatment along the ethnic/racial lines. Less progress has been achieved in reaching a consensus on the root cause of these racial disparities in the juvenile judicial system. Over time, there has been a volume of data documented with little progress in addressing the problem which can be considered ironical. It is evident that minimal research has been done on the root cause of the disproportional treatment of the black boys and girls in the juvenile justice system as well as that of the current trends. Understanding the root cause will be essential in choosing the necessary policing reforms which need to be undertaken to reduce the rate of disproportional treatment. This is also expected to inform on the necessary changes which need to be undertaken to the communities focused on reducing the overall judicial incarnation rate. DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE 7 JUSTICE SYSTEM The juvenile justice system is a critical judicial process in the nation due to its effect on the youth’s large life-course trajectory. Hence, it is essential to ensure that the process if fair, unbiased and legit. Hence, the study is significant to the policymakers in informing them the essential policies they need to make and necessary reforms focused on reducing the racial disparity in the juvenile judicial system. Secondly, the study will be significant to scholars and academicians, in increasing the body of knowledge on the juvenile judicial system, racial disparities, and policymaking. Finally, the research will be significant to students and upcoming scholars through suggesting areas for further research which need to be addressed. Barriers & Issues Some of the key factors which I anticipate that they might hinder my progress in the research compose of lack of participants to undertake the study, lack of current data and insufficient resources. Lack of participants can be attributed to the unwillingness of most of the stakeholders to open up in some aspects which may hinder me from accessing the necessary data. Also, the research may call for interviewing of some minors who have been at one or more times undergone the juvenile justice system and either they or their parents may be against them being involved in the research. To overcome this barrier, I will need to observe the informed consent ethics and respect the confidentiality and respect of the participants. I will have to ensure that I give pertinent information to the participants to ensure they make an informed decision on being involved in research. I will also ensure that I get approval from parent or guardians for the DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE 8 JUSTICE SYSTEM minors who will participate in the study. Respecting the confidentiality and privacy of the participants will call me not to reveal their identity of the participants if they do not want to. Lack of current data may also be a key barrier to our research and may affect the effectiveness of the recommendation we make. To overcome the barrier, I will use informed consent on the department of justice to persuade them to provide me with the necessary data. I will require a recommendation letter from the school which will persuade them to trust me with the confidential data. Finally, the research will require a lot of resources on the structuring of research tool, printings, recruiting the participants, traveling and other miscellaneous costs. This might be expensive and may hinder me from efficiently conducting the study. However, I plan to overcome the barrier through looking for a potential sponsor who might be an institution, professor or any other interested personnel who we may work with to ensure that the research is efficiently done. Purpose Statement The purpose of the study is to describe the disproportional treatment on the black boys and girls in the juvenile justice system and providing necessary measures to reduce the same. Definition of Terms Adjudication of the delinquency-The term is used to describe the formal findings after the adjudicatory hearing by the juvenile court. DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE JUSTICE SYSTEM 9 Parole – This term is used to describe the temporal release of lawbreaker who is supposed to be held in the facility after agreeing to certain conditions. This might be revoked if the offender fails to comply with the conditions which are commonly known as parole revocation. Bail- the term is used to describe the set of restriction for the conditional release of the defendants which are focused on ensuring that they will appear in court. Probation- This is used in describing the period of supervision usually ordered by the court to the offender in criminal law instead of them serving the time in prison. In this context, the term is used in describing this period but strictly for the juveniles instead of them serving in the juvenile facilities. The life-course trajectory-the term can be defined as the path of life which one may choose. In this context, the term is used in describing the direction the youths may take in the future after going through the juvenile justice system. The informed consent-the term means giving the participants every important information they will need to guide them in making an informed decision to participate in research. For the minors, it means obtaining necessary information from the guardians to allow them to participate in the study. DISPROPORTIONATE TREATMENT OF BLACK BOYS AND GIRLS IN THE JUVENILE 10 JUSTICE SYSTEM References Peterson, R. D., Krivo, L. J., & Russell-Brown, K. (2018). COLOR MATTERS: Race, Ethnicity, Crime, and Justice in Uncertain Times. Du Bois Review: Social Science Research on Race, 15(1), 1-11. National Research Council. (2013). Reforming juvenile justice: A developmental approach. National Academies Press. Laub, J. H. (2018). Reducing justice system inequality: Introducing the issue. The Future of Children, 28(1), 3. Mooradian, J. K. (2015). When Minority Exceeds Majority: Understanding and Addressing Disproportionate Minority Contact in the Juvenile Justice System. Understanding Juvenile Justice and Delinquency, 175. Vidal, S., Prince, D., Connell, C. M., Caron, C. M., Kaufman, J. S., & Tebes, J. K. (2017). Maltreatment, family environment, and social risk factors: Determinants of the child welfare to juvenile justice transition among maltreated children and adolescents. Child abuse & neglect, 63, 7-18. Name: Description: ...
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