- Apr 17, 2009
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So which is it...a racial bias or individual behavior or both?
Background -- Race as a Factor in Juvenile Arrests
Background -- Race as a Factor in Juvenile Arrests
Some observers argue that the justice system is biased against minority offenders (the race-related selection bias perspective). With regard to juvenile justice, these observers often point to the fact that African American youth are more likely to be arrested than other youth. In 1997, for example, 44 percent of juvenile arrests for violent crimes involved African American youth, although African Americans represented only 15 percent of the national juvenile population at the time (Snyder, 1998). In 1997, minorities accounted for 67 percent of juveniles committed to public facilities nationwide—nearly twice their representation in the juvenile population (Snyder and Sickmund, 1999). In addition, national data show that minority juvenile offenders are more likely than white non-Hispanic offenders to be placed in public (rather than private) custodial facilities (Snyder and Sickmund, 1999).
Other observers argue that, although there are some exceptions, overall the justice system is fair and treats offenders similarly regardless of their race or ethnicity (Wilbanks, 1987). These observers usually note that, unfortunately, minority youth are committing most of the crime and are thus “doing most of the time.” They point to crime-generating conditions such as underemployment, poverty, lack of opportunity, family dysfunction, and other structural factors (see, for example, McCord, 1997; Pope, 1999). Snyder and Sickmund (1999) note that minority youth may be overrepresented within the juvenile justice system because of behavioral and legal factors (e.g., more extensive offense histories)—what can be called the behavioral-legal perspective.
Thus, one perspective focuses on the operation of juvenile justice systems while the other focuses on the behavior of individual juveniles who commit crime. Which perspective is correct? This is a difficult question to answer, and the truth may never be known with absolute certainty. There is research evidence to support both perspectives (see Lovell and Pope, 1991), and the answer may well be a combination of the two, depending on where and how the research is conducted.
Other observers argue that, although there are some exceptions, overall the justice system is fair and treats offenders similarly regardless of their race or ethnicity (Wilbanks, 1987). These observers usually note that, unfortunately, minority youth are committing most of the crime and are thus “doing most of the time.” They point to crime-generating conditions such as underemployment, poverty, lack of opportunity, family dysfunction, and other structural factors (see, for example, McCord, 1997; Pope, 1999). Snyder and Sickmund (1999) note that minority youth may be overrepresented within the juvenile justice system because of behavioral and legal factors (e.g., more extensive offense histories)—what can be called the behavioral-legal perspective.
Thus, one perspective focuses on the operation of juvenile justice systems while the other focuses on the behavior of individual juveniles who commit crime. Which perspective is correct? This is a difficult question to answer, and the truth may never be known with absolute certainty. There is research evidence to support both perspectives (see Lovell and Pope, 1991), and the answer may well be a combination of the two, depending on where and how the research is conducted.
