APPENDICES

 

Appendix A: Top Ten States for Latino Population (2000)  Appendix B: Top Ten Cities for Latino Population (2000)  Appendix C: Glossary of Terms  Appendix D: Survey Letter of Invitation and Consent Form  Appendix E: Survey Categories and Questions  Appendix F: Other Data Sources for This Report  Appendix G: How States Waive Juveniles to Adult Court  Appendix H: Sample Non-Cooperation Agreement  Appendix I: Differences Between the Juvenile Justice and Adult Criminal Justice Systems

 

Appendix A
Top Ten States for Latino Population (2000)

The table below lists the top 10 states for total Latino population, as well as for each sub-category of Latinos. For example, the three states with the largest proportions of total Latino population are California, Texas, and New York; the three states with the largest Mexican populations are California, Texas, and Illinois; and the three states with the largest Puerto Rican populations are New York, Florida, and New Jersey.

 

Top Ten States for Latino Population (2000) (table 1 of 2)
Specific Origin/Rank	1	2	3	4	5
Total Latino	California	Texas	New York	Florida	Illinois
	(10,966,556)	(6,669,666)	(2,867,583)	(2,682,715)	(1,530,262)
Mexican	California	Texas	Illinois	Arizona	Colorado
	(8,455,926)	(5,071,963)	(1,144,390)	(1,065,578)	(450,760)
Puerto Rican	New York	Florida	New Jersey	Pennsylvania	Massachusetts
	(1,050,293)	(482,027)	(366,788)	(228,557)	(199,207)
Cuban	Florida	New Jersey	California	New York	Texas
	(833,120)	(77,337)	(72,286)	(62,590)	(25,705)
Dominican Republic	New York	New Jersey	Florida	Massachusetts	Rhode Island
	(455,061)	(102,630)	(70,968)	(49,913)	(17,894)
Central American	California	Florida	New York	Texas	New Jersey
	(576,330)	(202,772)	(181,875)	(146,723)	(80,497)
Costa Rican	California	Florida	New Jersey	New York	Texas
	(13,232)	(11,248)	(11,175)	(7,845)	(3,302)
Guatemalan	California	New York	Florida	Illinois	Texas
	(143,500)	(29,074)	(28,650)	(19,790)	(18,539)
Honduran	Florida	New York	California	Texas	New Jersey
	(41,229)	(35,135)	(30,372)	(24,179)	(15,431)
Nicaraguan	Florida	California	New York	Texas	New Jersey
	(79,559)	(51,336)	(8,033)	(7,487)	(4,384)
Panamanian	New York	Florida	California	Texas	Georgia
	(20,055)	(15117)	(10688)	(7076)	(3745)
Salvadoran	California	Texas	New York	Virginia	Maryland
	(272,999)	(79,204)	(72,713)	(43,653)	(34,433)
Other Central American	California	New York	Texas	Florida	New Jersey
	(54,203)	(9,020)	(6,936)	(6,268)	(4,264)
South American	New York	Florida	New Jersey	California	Texas
	(318,387)	(301,236)	(177,017)	(161,822)	(51,428)
Argentinean	California	Florida	New York	New Jersey	Texas
	(23,218)	(22,881)	(14,407)	(7,795)	(4,711)
Bolivian	Virginia	California	Florida	New York	Maryland
	(11,275)	(6,619)	(4,659)	(4,221)	(2,998)
Chilean	California	Florida	New York	New Jersey	Texas
	(13,530)	(13,400)	(9,937)	(5,129)	(2,934)
Colombian	Florida	New York	New Jersey	California	Texas
	(138,768)	(104,179)	(65,075)	(33,275)	(20,404)
Ecuadorian	New York	New Jersey	Florida	California	Illinois
	(123,472)	(45,392)	(23,939)	(18,115)	(12,060)
Paraguayan	New York	Florida	New Jersey	California	Maryland
	(2,668)	(909)	(803)	(586)	(451)
Peruvian	California	Florida	New Jersey	New York	Virginia
	(44,200)	(44,026)	(37,672)	(37,340)	(10,525)
Uruguayan	New Jersey	Florida	New York	California	Texas
	(4,079)	(4,045)	(3,366)	(1,639)	(703)
Venezuelan	Florida	New York	Texas	California	New Jersey
	(40,781)	(8,826)	(6,305)	(5,511)	(3,962)
Other South American	California	New York	Florida	New Jersey	Texas
	(15,129)	(9,971)	(7,828)	(5,355)	(2,606)
Other Hispanic or Latino	California	Texas	New York	Florida	New Mexico
	(1,554,575)	(1,300,047)	(538,488)	(428,667)	(423,874)
Spaniard	California	Florida	New York	New Jersey	Texas
	(22,459)	(14,110)	(13,017)	(9,183)	(7,202)
Spanish	California	New Mexico	Texas	Colorado	New York
	(162,214)	(74,190)	(64,926)	(53,591)	(51,578)
Spanish American	New Mexico	Colorado	California	New York	Florida
	(18,299)	(10,125)	(10,080)	(6,092)	(5,810)
All other Hispanic or Latino	California	Texas	New York	Florida	New Mexico
	(1,359,822)	(1,223,588)	(467,801)	(368,519)	(329,401)

 

 

Top Ten States for Latino Population (2000) (table 2 of 2)
Specific Origin/Rank	6	7	8	9	10
Total Hispanic	Arizona	New Jersey	New Mexico	Colorado	Washington
	(1,295,617)	(1,117,191)	(765,386)	(735,601)	(441,509)
Mexican	Florida	New Mexico	Washington	Nevada	Georgia
	(363,925)	(330,049)	(329,934)	(285,764)	(275,288)
Puerto Rican	Connecticut	Illinois	California	Texas	Ohio
	(194,443)	(157,851)	(140,570)	(69,504)	(66,269)
Cuban	Illinois	Georgia	Nevada	Pennsylvania	Massachusetts
	(18,438)	(12,536)	(11,498)	(10,363)	(8,867)
Dominican Republic	Pennsylvania	Connecticut	Maryland	California	Texas
	(12,186)	(9,546)	(5,596)	(5,047)	(4,296)
Central American	Virginia	Maryland	Illinois	Massachusetts	Georgia
	(73,140)	(56,135)	(39,377)	(38,317)	(31,813)
Costa Rican	North Carolina	Massachusetts	Connecticut	Illinois	Georgia
	(2,624)	(1,757)	(1,587)	(1,258)	(1,195)
Guatemalan	New Jersey	Massachusetts	Georgia	Virginia	Rhode Island
	(16,992)	(11,437)	(10,718)	(10,000)	(8,949)
Honduran	Louisiana	North Carolina	Virginia	Illinois	Georgia
	(8,792)	(8,321)	(7,819)	(5,992)	(5,158)
Nicaraguan	Maryland	Virginia	Louisiana	Nevada	Illinois
	(3,440)	(3,191)	(2,804)	(1,583)	(1,500)
Panamanian	Virginia	New Jersey	North Carolina	Maryland	Washington
	(3,535)	(3021)	(2773)	(2484)	(1725)
Salvadoran	New Jersey	Florida	Massachusetts	District of Columbia	Nevada
	(25,230)	(20,701)	(15,900)	(11,741)	(9,386)
Other Central American	Virginia	Maryland	Illinois	Massachusetts	Georgia
	(3,836)	(2,421)	(2,086)	(1,975)	(1,106)
South American	Virginia	Illinois	Connecticut	Massachusetts	Maryland
	(39,841)	(38,676)	(31,310)	(28,036)	(25,717)
Argentinean	Illinois	Maryland	Massachusetts	Virginia	Pennsylvania
	(2,513)	(2,281)	(2,248)	(2,078)	(1,885)
Bolivian	Texas	New Jersey	Illinois	Rhode Island	Massachusetts
	(1,879)	(1,755)	(1,217)	(961)	(631)
Chilean	Maryland	Virginia	Massachusetts	Illinois	Utah
	(2,316)	(2,040)	(1,750)	(1,727)	(1,504)
Colombian	Massachusetts	Illinois	Connecticut	Georgia	Pennsylvania
	(12,788)	(11,856)	(10,975)	(9,083)	(7,166)
Ecuadorian	Connecticut	Texas	Massachusetts	Maryland	Virginia
	(7,703)	(3,565)	(2,909)	(2,618)	(2,483)
Paraguayan	Virginia	Texas	Illinois	Connecticut	Pennsylvania
	(363)	(308)	(275)	(258)	(207)
Peruvian	Texas	Connecticut	Maryland	Illinois	Massachusetts
	(8,013)	(6,616)	(6,364)	(5,511)	(3,310)
Uruguayan	Massachusetts	Virginia	Georgia	Maryland	Connecticut
	(692)	(482)	(470)	(428)	(391)
Venezuelan	Georgia	Massachusetts	Virginia	Puerto Rico	Illinois
	(2,244)	(2,167)	(1,996)	(1,811)	(1,562)
Other South American	Virginia	Illinois	Maryland	Massachusetts	Connecticut
	(2,606)	(1,634)	(1,541)	(1,357)	(1,130)
Other Hispanic or Latino	Colorado	New Jersey	Arizona	Illinois	Virginia
	(250,797)	(209,993)	(185,101)	(128,596)	(89,620)
Spaniard	Puerto Rico	Colorado	Arizona	Illinois	New Mexico
	(4,462)	(2,263)	(2,224)	(2,055)	(1,984)
Spanish	Florida	New Jersey	Arizona	Hawaii	Washington
	(40,228)	(23,174)	(19,383)	(16,813)	(13,150)
Spanish American	Texas	New Jersey	Arizona	Utah	Massachusetts
	(4,331)	(2,622)	(1,632)	(1,258)	(1,105)
All other Hispanic or Latino	Colorado	New Jersey	Arizona	Illinois	Virginia
	(184,818)	(175,014)	(161,862)	(114,480)	(74,775)
Source: 1. For 1 April 2000 data, U.S. Census Bureau, Census 2000 Summary File 1(SF1) 100-Percent Data, Detailed Tables for States, Table PCT11. Electronic Access: Select American FactFinder at www.census.gov, then click Data Sets and go to Census 2000 Summary File 1(SF1) at http://factfinder.census.gov/servlet/DatasetMainPageServlet?_lang=en.

 

Appendix B
Top Ten Cities for Latino Population (2000)

TEN LARGEST CITIES IN TOTAL POPULATION AND IN LATINO POPULATION: 2000
Place and state	Total population		Hispanic population		Percent Hispanic of total population
	Number	Rank	Number	Rank
New York, NY	8,008,278	1	2,160,554	1	27.0
Los Angeles, CA	3,694,820	2	1,719,073	2	46.5
Chicago, IL	2,896,016	3	753,644	3	26.0
Houston, TX	1,953,631	4	730,865	4	37.4
Philadelphia, PA	1,517,550	5	128,928	24	8.5
Phoenix, AZ	1,321,045	6	449,972	6	34.1
San Diego, CA	1,223,400	7	310,752	9	25.4
Dallas, TX	1,188,580	8	422,587	8	35.6
San Antonio, TX	1,144,646	9	671,394	5	58.7
Detroit, MI	951,270	10	47,167	72	5.0
El Paso, TX	563,662	23	431,875	7	76.6
San Jose, CA	894,943	11	269,989	10	30.2
Source: U.S. Census Bureau, Census 2000, Summary File 1.

 

Appendix C
Glossary of Terms

Terms related to race and ethnicity

Discrimination

The condition that exists when decision makers treat one group inequitably compared to another group based wholly, or in part, on their race, ethnic identity, nationality, gender, sexual orientation, or disability.

Disparity

Different treatment of individuals who are similarly situated (e.g., have been charged with similar offenses) or have common characteristics.

Disproportionate minority confinement

The condition that exists when the proportion of minorities incarcerated in juvenile detention or correctional facilities, jails, or prisons, exceeds the proportion of such groups in the general population.

Disproportionate representation (or over-representation)

The condition that exists when the proportion of a group with a specific characteristic (e.g., percent of Latino/a youth confined in juvenile detention facilities) exceeds the proportion of that group in the population being considered (e.g., percent of Latino/a youth in the general population).

An example of disproportionate representation or over-representation: Youth of color constitute 34% of the adolescent population of the U.S., but are 67% of youth committed to public juvenile facilities. Thus, youth of color are over-represented among youth committed to public juvenile facilities.

Minority

An individual who is of a race other than White or who is of Latino ethnicity, regardless of race.

Racial or ethnic disparity

Differential treatment of individuals or groups that are similar except for their race or ethnic identity.

An example of ethnic disparity: In a 1993 study, if we look only at youth charged with drug offenses, the average length of incarceration for White youth was 144 days, while the average length of incarceration for Latino youth was 306 days. Thus, Latino youth were incarcerated more than twice as long a White youth, even though they were charged with the same type of offenses.

 

Terms related to justice system personnel and procedures

Adjudication

The stage in the juvenile justice system in which the charge against a youth is resolved, usually by dismissal, plea by the youth, or finding by the judge. Adjudication is analogous to trial in adult criminal court.

Commitment

A juvenile court disposition ordering an adjudicated youth to be held by the state’s juvenile justice agency, typically in a “training school” or other locked institution.

Delinquent

A youth adjudicated for a criminal offense.

Detention (or pretrial detention)

Temporary locked custody, prior to adjudication, of a youth who is accused of a delinquent offense.

Disposition

The stage in the juvenile justice system in which the court imposes a sanction on an adjudicated youth such as probation, placement in a community-based program, or commitment to a state training school. Disposition is analogous to sentencing in adult criminal court.

Drug offense

Includes possession, sale, trafficking, and other offenses such as possession of drug paraphernalia.

Felony

A crime punishable by imprisonment of more than one year.

Intake

The decision making process for determining how a case will be handled following police contact with a youth. If police take a youth into custody, intake staff determine whether the youth will be released to parents or locked up pending a detention hearing. Intake officers or prosecutors screen the police report for legal sufficiency and make an initial determination regarding how it should be handled: formally (by filing charges against the youth) or informally (by having the probation department supervise the youth for a period of time or diverting the case to some alternative tribunal, such as a teen court or community panel).

Juvenile

An individual who has not reached the statutorily defined upper age for original juvenile court jurisdiction in the state in which he or she is charged (e.g., 15, 16, or 17, depending on the state). A young person who has not reached the age of adulthood, as defined by state law.

Misdemeanor

A crime that is less serious than a felony. Usually a misdemeanor is punishable by fine or incarceration for a year or less.

Probation

A disposition in which the judge allows the offender to go free, subject to certain conditions.

Property offense

Includes burglary, theft, motor vehicle theft, fraud, forgery, and other property crimes such as arson, damage to property, and buying or receiving stolen property.

Public order offense

Includes gambling, prostitution, escape from custody and possession of weapons.

Racial profiling

Targeting certain persons to be stopped, questioned, or arrested because of their race, ethnic appearance, or behaviors associated with-or assumed to be associated with-their cultural heritage.

Transfer

See Waiver, below.

Violent offense

Includes murder, rape, robbery, assault, and other serious crimes against persons.

Waiver

The process of prosecuting a youth in adult criminal court, also referred to as “transfer.” There are three types of waiver.

Judicial Authorizes juvenile court judges to waive (i.e., give up) juvenile court jurisdiction and transfer the cases to adult criminal court.

Prosecutorial Authorizes prosecutors, in certain kinds of cases, to choose between filing a petition in juvenile court and proceeding against the youth in adult criminal court.

Statutory Excludes certain categories of cases from juvenile court jurisdiction and provides that the juvenile is automatically prosecuted in adult criminal court.

 

Appendix D
Survey Letter of Invitation and Consent Form

October 10, 2001 [NAME] Juvenile Justice Specialist [ADDRESS] [CITY, STATE, ZIP] Dear [NAME]: We are conducting a national survey on Latino youth in the justice system commissioned by the Youth Law Center in Washington DC and supported by funds from: The Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice The Bureau of Justice Assistance of the U.S. Department of Justice The John D. and Catherine T. MacArthur Foundation The William T. Grant Foundation The Ford Foundation The Charles Stewart Mott Foundation The Soros Foundation The Rockefeller Foundation, and The Annie E. Casey Foundation. We would very much like to include information from [STATE] in this study. We will call the person you designate on the enclosed form to obtain information about Latino youth in [STATE]. We will ask the questions on the attached page. We want to assure you that the results of this study will be provided by state name only; no individual names will be used. If you have any questions about the conduct of this research, you may contact either one of us. Thank you for considering this request. We will be very grateful for your participation. Sincerely,   Francisco Villarruel, Ph.D. Nancy E. Walker, Ph.D., M.L.S. Research Associate Associate Director

 

Consent Form

Building Blocks for Youth: Latino Youth in the Justice System The Institute for Children, Youth, and Families at Michigan State University is conducting a national study of Latino youth in the justice system. This study has been commissioned by the Youth Law Center in Washington DC and is supported by funds from: The Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice The Bureau of Justice Assistance of the U.S. Department of Justice The John D. and Catherine T. MacArthur Foundation The William T. Grant Foundation The Ford Foundation The Charles Stewart Mott Foundation The Soros Foundation The Rockefeller Foundation, and The Annie E. Casey Foundation. You are invited to join this project because your state has a significant or growing population of Latino youth and you have information regarding youth in the justice system. 1. If you agree to participate in this project, you will complete a telephone interview that will last about 15 minutes. The questions you will be asked are attached to this form. Your responses will be kept at the Institute for Children, Youth, and Families at Michigan State University. 2. Your participation in this project is completely voluntary. If you agree to participate, you will be free to discontinue participation at any time or withdraw from the project without any penalty. You may choose not to answer any question(s) asked during the survey. 3. Your privacy will be protected to the maximum extent allowable by law. The information obtained during the survey will not include individual participants’ names or other identifying information. Any summaries, reports, and/or presentations describing the project will not include individual participants’ names or other identifying information; names of participating states will be included in reports, however. Any questions about this study may be asked at any time by contacting: Francisco Villarruel, Ph.D. or Nancy E. Walker, Ph.D., M.L.S. Michigan State University Institute for Children, Youth, and Families (517) 353-6617 If you have any questions about your role or rights as a research participant, you may contact: David E. Wright, Ph.D. Chair University Committee on Research Involving Human Subjects Michigan State University East Lansing, MI 48824 (517) 355-2180 By signing this consent form, I agree to participate in the project, Building Blocks for Youth: Latino Youth in the Justice System conducted by Drs. Francisco Villarruel and Nancy Walker at Michigan State University: Participant’s Name: _______________________________________________________ Signature: ________________________________________ Date: _______________ Title: ___________________________________________________________________ Department: _____________________________________________________________ Address: ________________________________________________________________ State: ___________________________ Zip code: ___________________________ Phone: ________________________________ E-mail: __________________________

Appendix E
Survey Categories and Questions

Information on how data are aggregated/disaggregated

1. Do you have data on Latino youth in the justice system in <your state>?

a. What types of Hispanic-origin/Latino data are collected?

i. Arrest/detainment?

ii. Waiver?

iii. Incarceration?

iv. Other: please explain ________________________________

b. “Latino” is a term that describes an array of cultural groups of Hispanic origin. Do you have data on different subgroups of Latinos?

c. [If yes to (b)]: How does <your state> record those data?

i. By ethnic group (e.g., Mexican, Puerto Rican, Cuban, etc.)

ii. By Hispanic surname

iii. Other: please explain ________________________________

d. If an individual is of mixed origin (e.g., Hispanic and Black/Caucasian/Asian/Native American), how are these data recorded?

e. We would like to add the data from <your state> to our national sample, and would be happy to reimburse <your state> to access the data.

i. Could we access <your state>’s data for our national sample?

ii. What is the best way for us to obtain the data?

2. [If no to (1)]: What are the reasons that <your state> does not collect data on Hispanics/Latinos?

3. What are the barriers to collecting data on Hispanics/Latinos in the justice system in <your state>?

Data on Latino youth in the justice system

4. What proportion of incarcerated youth are LEP?

5. We would appreciate it if you would estimate for <your state> the proportion of youth who are Latinos who:

a. Have long-term sentences

b. Are convicted of drug offenses

c. Are convicted of property crimes

d. Are convicted of sexual offenses

e. Are convicted of aggravated assault

f. Are convicted of serious violence

6. What is the basis of these estimates?

Policies regarding Latino youth in the justice system

7. How are LEP/Spanish-dominant speaking youth documented?

8. What are the treatment plans for LEP youth?

9. What is the policy for contact with immigration?

10. What actions is your state currently taking to implement or develop intervention plans to address disproportionate minority representation (DMR)?

11. What are the criteria for waiving youth into the adult court in <your state>?

12. Who makes the decision to waive a juvenile to the adult system?

a. Judge

b. Prosecutor

c. Statute: What is the criminal code that specifies which youth will be waived to criminal court? ______________________________________________

d. Other: please specify ___________________________________________

Trends regarding Latino youth in the justice system

13. <your state> has a [significant/growing] population of Latinos. Have you seen changes in the adjudication of Latino youth in the last 2-3 years?

a. What is the nature of those changes?

14. Have the incarceration rates of Latinos paralleled the demographic shifts in your state?

a. If not, how have they differed?

15. What types of challenges have evolved related to Latino youth in the justice system in <your state>?

Conclusion

16. What else would you like to share with us about Latino youth in the justice system in <your state>?

Appendix F
Other Data Sources for This Report

A Reassessment of Minority Overrepresentation in Connecticut’s Juvenile Justice System (Hartstone & Richetelli, 2001).

American Dream Makers: Latino Profiles Study Report (Hayes-Bautista & Nichols, 2000).

Building Blocks for Youth Series:

• The Color of Justice (Males & Macallair, 2000)
• And Justice for Some (Poe-Yamagata & Jones, 2000)
• Youth Crime/Adult Time: Is Justice Served? (Juszkiewicz, 2000)
• Off Balance: Youth, Race & Crime in the News (Dorfman & Schiraldi, 2001)
• Youth Justice Fact Sheets

Characteristics Of CYA [California Youth Authority] Population (CYA, June 2001); Trends In YA Commitments (through 1997; CYA, 19xx); A Comparison of First Commitment Characteristics (1989-2000) (CYA, 2001).

Children’s Defense Fund Action Council Web Site (available at www.cdfactioncouncil.org).

Esperanza: Awakening to the Strength of Latino Youth (Coalition for Juvenile Justice, 2001).

Human Rights Watch Web Site (available at http://hrw.org/backgrounder/usa/race)

Inter-University Program for Latino Research Web Site (available at www.nd.edu/~iuplr).

Juvenile Offenders and Victims: 1999 National Report (Snyder & Sickmund, 1999b).

Juveniles Processed in the Arizona Court System FY00 (Arizona Juvenile Justice Service Division, 2001).

Kentucky Disproportionate Minority Confinement Initiative: Interim Report (Kentucky Department of Juvenile Justice, 2000).

Masking the Divide: How Officially Reported Prison Statistics Distort the Racial and Ethnic Realities of Prison Growth (Holman, 2001).

Minorities in the Juvenile Justice System (Bilchik, 1999).

Ohio Department of Youth Services Commitment/Regional Trend Report (FYs 1997-1998, 1998-1999, 1999-2000).

U.S. Census Bureau. Data from the U.S. Census Bureau permitted us to analyze some states’ data on a county-by-county basis. Employing counties as units of analysis can yield more reliable outcomes on the issue of overrepresentation because state-level aggregate data sets may tend to mask discrimination in the justice system due to intrastate variations in minority population density (Hawkins & Hardy, 1989).

U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

 

Appendix G
How States Waive Juveniles to Adult Court

How States Waive Juveniles to Adult Court
	Permits statutory waiver (29)	Permits prosecutorial waiver (15)	Permits judicial waiver (47)	Type(s) of judicial waiver permitted
				Discretionary (47)	Presumptive (16)	Mandatory (15)
AL	Yes	No	Yes	Yes	No	No
AK	Yes	No	Yes	Yes	Yes	No
AZ	Yes	Yes	Yes	Yes	Yes	No
AR	No	Yes	Yes	Yes	No	No
CA	Yes	No	Yes	Yes	Yes	No
CO	No	Yes	Yes	Yes	Yes	No
CT	No	No	Yes	Yes	No	Yes
DE	Yes		Yes	Yes	No	Yes
DC	No	Yes	Yes	Yes	Yes	No
FL	Yes	Yes	Yes	Yes	No	No
GA	Yes