Children's Defense Fund

LEAVE NO CHILD BEHIND: FAIRER JUVENILE JUSTICE

By Marian Wright Edelman

 

A new report released by Building Blocks for Youth confirmed what many of us lready know: there are pervasive injustices in our juvenile and criminal justice systems and young people of color bear a great burden. Calling Latino and Latina youth the “invisible minority,” the report confirms disparate treatment of Latino youths in the juvenile justice system. According to the report, Latino youths are more likely to be incarcerated than White youths charged with the same types of offenses in 46 of the 50 states. In New York, Latino youths are more than twice as likely as White youths to be incarcerated in jails and prisons.

The report, "¿Dónde Está la Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S Justice System," suggests that the extent of the problem may be even greater than reported due to poor data collection on the children affected. Many states and the federal government do not offer “Latino” as a choice for describing ethnicity, resulting in many Latino youth being incorrectly recorded as “White,” “Black,” or “Other”. Without a proper understanding of who is in the system, we cannot ensure our policies are fair or that the needs of our young people in trouble are being met.

The report also identifies a lack of appropriate, bi-lingual services and culturally competent staff for Latino and Latina youth in the juvenile justice system. For example, the report tells the story of Luis, a 15-year-old Latino with no prior record who was arrested on a minor drug offense. During his disposition hearing, Luis consistently avoided eye contact with the judge, instead looking down at the floor. While Luis’ behavior reflected a demonstration of respect in his culture, the judge interpreted his downcast eyes as an admission of guilt and sentenced Luis to two years in a juvenile facility. Luis’ story and those of other young Latino children illustrate all too clearly how the problems of inadequate data collection, lack of bi-lingual and culturally competent services, and pervasive racial stereotypes about Latino youth result in an unfair and ineffective juvenile justice system.

To ensure that our juvenile justice system does not continue to ignore the “invisible minority” it has an obligation to help, we must make a commitment to supporting better data collection, sufficient training for juvenile justice personnel, and a greater investment in appropriate and culturally relevant community-based rehabilitative services for delinquent youth. Most young people in our juvenile justice system are struggling with social, educational, or economic hardships often beyond their control. Add to that, racial and ethnic barriers highlighted in this report and it becomes clear why so many children get left behind.

There are ways to make our system more just for all youth. Title X of the Act to Leave No Child Behind (S. 940/ H.R. 1990), the comprehensive children’s bill introduced into Congress on May 23, 2001 by Senator Christopher Dodd (D-CT) and Representative George Miller (D-CA), seeks to reduce juvenile delinquency and give youths in the juvenile justice system the support they need to get back on the right track. It increases prevention efforts to help children before they get into trouble and to keep children out of the juvenile justice system; and would prohibit youthful offenders from being locked up with adult offenders. The last thing troubled children need is adult criminal mentors and supports youthful offenders as they return to the community.

The Act also requires states to address the disparate treatment of minority youth at every stage of the juvenile system - from the first contact with law enforcement to final disposition of their case. To help states accurately reflect the racial and ethnic makeup of the young people who have come in contact with their juvenile justice systems, the Act requires that states improve data collection. Enhanced data collection helps to ensure that racial bias can be identified where it exists and, when acknowledged it can provide states with information to better structure services and treatment to meet the needs of the young people in their system.

More than 45,000 young people are arrested in New York each year and approximately 8,500 end up in either adult or juvenile corrections facilities. Instead of simply locking up children and throwing away the key, we should take the time to identify children who deserve a second chance and give them one. We must take action to ensure that our institutions are fair and just in dealing with our children. Better yet, we should provide the youth development programs and other community supports that can keep at-risk young people from becoming involved in the juvenile justice system in the first place. You can help make life better for Latino youth and all youths in the juvenile justice system by calling on policymakers to support the Act to Leave No Child Behind and by joining us in the Movement to Leave No Child Behind®.

(For a copy of the report, ¿Dónde Está la Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S Justice System, call (202) 637-0377 or visit www.buildingblocksforyouth.org. To learn more about the Movement and the Act to Leave No Child Behind and what you can do, call 1-800-CDF-1200 or visit www.childrensdefense.org.)

Marian Wright Edelman is president of the Children’s Defense Fund (CDF). CDF’s mission is to Leave No Child Behind®.