By LAWRENCE AARON
THE schoolhouse-to-jailhouse pipeline is clogged with African-American and Hispanic youth. The problem is spoken of often by black advocacy groups. This is not just Jesse Jackson rhyming. It's real.
The irrefutable phenomenon raised its ugly head again last week in the Kids Count report from the Annie E. Casey Foundation, a non-profit philanthropic group focusing on children's welfare.
The number of minority kids in the juvenile detention system is way out of proportion to their numbers in the general population. That disproportionality is a nationwide pattern. New Jersey is the worst.
The 8-to-1 ratio of minority kids to white kids in the juvenile system here is nearly three times the national average of 3-to-1.
This is horrible. Unfortunately, the foundation had no explanation for the disparity.
This lopsided ratio was one of several findings in Kids Count. Also alarming is the fact that the huge disparities have been acknowledged many times by various studies without much change in procedure to address them.
At several critical points along the many stages of a juvenile's case, decisions are left to the discretion of the judge, police officer, prosecutor, probation officer or other criminal justice system official. For example, prosecutors have the opportunity to downgrade charges and offer plea deals, or judges may have the option to send a kid home or jail him until trial.
Three and a half years ago, New Jersey's attorney general asked all 21 counties to review how they handle juveniles in trouble. The purpose was to find out if minority youths were being treated unfairly in the criminal justice system.
The Juvenile Justice Commission is working with a new policy analyst, the W. Haywood Burns Institute, to find explanations for the disparities.
"What we're about to do through the Burns Institute is to look at that data through the lens of race, looking at each and every decision-making point on the continuum of decisions that are made about any given kid in the juvenile justice system," said Lisa Macaluso, the commission's director of local programs and services. Statewide, in 2002, minority youths were 3.59 times more likely than white teens to be committed to juvenile detention. In 2006, they were 5.68 times more likely.
One of the positive findings in Kids Count's look at juvenile justice was a drop in the number of youths in pretrial detention and those committed to facilities for punishment.
Overall, the number of kids committed to juvenile facilities dropped 33 percent. That's significant. Bravo, New Jersey, for using alternatives such as ankle bracelets that monitoring a detainee but allow him to remain at home.
Detention alternatives
The study credited the decline to Juvenile Detention Alternatives Initiative, which is run by the Casey Foundation in 10 New Jersey counties. While the juvenile violent offenders and chronic repeaters still need to be detained in secure facilities, in recent months juveniles being moved through the system in Bergen County have been able to take advantage of the alternatives such as electronic monitors, counseling and therapy.
State Attorney General Anne Milgram's statement in response to the Casey findings notes that since 2003, detention numbers for minority youths have been cut in half. Prison figures show no corresponding rise in the number of juveniles being convicted and imprisoned with adults.
"In January 1998, the New Jersey Department of Corrections housed 72 offenders who were under 18 years of age. As of today, the number is 19," said Corrections spokesman Matt Schuman.
The Kids Count acknowledgement of a significant racial component confirms the findings of several earlier studies dissecting the juvenile justice system. Released in 2000, one of those studies, called "And Justice for Some," was supported by the Justice Department and funded by several grants from the Ford, Rockefeller and MacArthur foundations.
It's not enough to simply make the observation year after year that enormous racial disparities exist and then do nothing about it. The consequence is that a disproportionate number of minority youths may be unfairly saddled with juvenile records that affect their transition to adulthood and their employability.
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