Criminalizing Children of Color: How Young People are Punished for Adolescent Behaviors
Date:  12-01-2011

“Non-judicial drivers” unrelated to criminal behavior often lead to incarceration
A new report funded by California Endowment (CalEndow ) takes a hard look at America’s juvenile justice system, particularly in the way young people of color are criminalized for normal childhood behaviors. Non-Judicial Drivers into the Juvenile Justice System for Youth of Color reports:

In California, African-American youth account for six percent of the youth population, but 26 percent of juvenile detainees

Approximately 90 percent of cases transferred from juvenile to adult courts comprise children of color, although they represent only 75 percent of the juvenile justice population

When transferred to adult courts, African-American youth in California are 18 times more likely than young Whites to receive a sentence of life without parole

The report looks at several “drivers” unrelated to criminal activities that channel young people of color into the juvenile justice system. These drivers include educational and health problems that are not usually recognized or acknowledged by those working with children of color.

The history of the inequality of America’s juvenile justice system is also examined in the report. In the 1800’s, according to the report, black youth were segregated from white juvenile offenders, and sent to adult facilities. Native American children were often ripped from their families in a misguided and cruel effort which forced them to adopt the ways of White society. The Native American children were put into a harsh juvenile justice system that was at odds with the traditional tribal ways of dealing with juveniles who did something considered inappropriate.

CalEndow offers several recommendations to correct the inequality of the California juvenile justice system. Suggestions include:

Working with CalEndow to create policy statements on the appropriate and inappropriate use of detention Educating youth serving practitioners in the education and justice field about non-judicial drivers into detention Determining if best practices are being utilized for juveniles with behavioral problems Finding alternatives to incarceration for children with high needs, but who are a moderate risk to public safety Creating two forums on evidence-based practices and its potential impact on CalEndow site programs

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