Beneath the Surface: Juvenile Adjudication Disparity in a Rural County

A rural county with a high Hispanic population showed small disproportionate minority contact (citation or arrest) in initial analysis of federally required Disproportionate Minority Confinement studies but closer examination of a random sample of all juveniles arrested in 2000 showed that a subtle but significant disparity still existed when a more detailed examination was conducted. While overt discrimination did not appear to be extreme, stereotypes still negatively influenced Hispanic/Law Enforcement relations at various levels and Hispanics were still over represented in contacts and confinement. Three areas were examined that may explain/inform these lingering disparity issues: Cultural, Economic and Structural factors. The National Coalition of State Juvenile Justice Advisory Groups in its 1988 annual report to Congress, A Delicate Balance, brought the disproportionate confinement of minority youth in juvenile corrections facilities to the public attention. Since 1988 when amendments were added to the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, states have been required to address disproportionate minority confinement (DMC) in their state plans. In 1992 amendments to the JJDP Act, DMC was elevated to a core requirement and funding eligibility for states was tied to their annual compliance. According to DeComo (1993), studies were subsequently conducted in sixteen states. These studies indicated that African-American juveniles were being incarcerated at disproportionate rates in fifteen of the sixteen states. Minorities represented 32% of the youth population in the country, while 68% of those incarcerated in detention and secure training schools. A great deal of additional research on over representation of minority representation in juvenile justice has been conducted. Much of it had been sponsored by OJJDP. In a review of the research literature form 1989-2001, an OJJDP (2002) report concluded that race is central in juvenile justice system in the U.S. today. Furthermore, the research clearly indicates disproportionate minority representation in the juvenile justice system. Inequality within the criminal justice system has been a long standing concern recognized by the federal government. All states receiving federal funds for juvenile corrections are required to conduct Disproportionate Minority Confinement (DMC) studies (Juvenile Justice Delinquency and Preventions Act 2002). The data for this paper comes from such a study. A rural but urbanizing inter-mountain state conducted its DMC study in several phases. Phase One measured disparity in contact (citation or arrest) and confinement at the state wide and county levels. Phase two examined select counties in detail to better understand contacts and the outcomes of these contacts with law enforcement and the justice system.