Spotlight on: Disproportionate Minority Confinement:

Finding Practical Solutions to Address a Complicated Issue

by Caren Harp, Senior Attorney

No topic in the field of juvenile justice can generate heated discussion, or polarize an otherwise cohesive group of people more quickly than disproportionate minority confinement (DMC). Whether rooted in prejudice, denial, fear or simple lack of information, people have a visceral and often defensive response when presented with this issue. Hostility and reluctance to engage in the discussion only perpetuates the problem.

The DMC issue first came to light in a 1988 Coalition for Juvenile Justice (formerly the National Coalition of Juvenile Justice Advisory Groups) annual report to Congress entitled A Delicate Balance.1 That report presented several, now generally accepted, ideas. First, minority youth are overrepresented at all stages of the juvenile justice system, as compared to their numbers in the general population2. Second, while minority youth do commit slightly higher numbers of violent crimes, the differential incarceration cannot be explained by greater involvement in violent crime alone3. Finally, “The vastly disproportionate rates of arrest and incarceration of various racial groups are produced by economic, family and community forces, as well as the decisions of the juvenile justice system. Given present trends, we can expect more minority juveniles to come into the juvenile justice system, if we do not adopt some alternative strategies.”4

Spurred by the findings reflected in the coalition’s report, Congress amended the Juvenile Justice and Delinquency Prevention Act of 1974 (Pub. L 93-415, 42 U.S.C. 5601 et seq.) to require states to address DMC in their state plans.5 In the 1992 amendments to the JJDP Act, states’ eligibility for future funding was tied to compliance with DMC reduction efforts.6

Even with the enactment of this legislation, research still continues to demonstrate minority overrepresentation at all stages of the juvenile justice system. In 1997, minority youth accounted for 34% of the juvenile population.7 However, minorities represented 62% of juveniles detained nationwide, and 67% of juveniles committed to public facilities.8

The cause of minority overrepresentation is the subject of passionate debate. Some people believe the problem is racial discrimination, pure and simple. Others say it’s an economic issue. Still others believe DMC is a legislative problem born out of unforeseen and unintended biases in the application of court rules and statutes. Finally, some believe there are disproportionate numbers of minority youth in detention simply because minority youth are committing disproportionate numbers of crimes.

In reality, they’re all right. Not one of these factors alone accounts for the disparate numbers of minority youth in confinement. All these factors acting together have created the problem, and only strategies addressing all of these factors will solve it.

APRI is developing a training curriculum to bring the DMC issue to the forefront in an uncomplicated and non-threatening manner, to generate candid discussions about its causes and effects, and to identify simple, practical solutions that mobilize people in the juvenile justice system to effect change in their communities.

The curriculum is divided into the following sections: definitions, the problem, the causes, cultural sensitivity and identification of solutions. There are also reference materials and a resource directory provided at the end of the handbook to further assist juvenile justice professionals reduce disproportionate minority confinement.

Some jurisdictions around the country have begun to implement new detention assessment tools, faith- based community programs and other prevention, education and outreach programs in an attempt to address the numbers of minority youth in confinement. APRI is interested in gathering information on any programs, strategies or tools that are in practice right now. We are also interested in any problems or challenges that have been raised in your jurisdiction surrounding this issue. Please take a moment to fill out the questionnaire below and fax it to APRI, attention Caren Harp at (703) 836-3195.

1 A Report on the Delicate Balance to the President, the Congress, and the Administrator of the Office of Juvenile Justice and Delinquency Prevention; Presented by the National Coalition of State Juvenile Justice Advisory Groups; January 1989.
2 ID at p. 4.
3 ID at p. 5.
4 ID at p. 11.
5 Hsia, Heidi M. and Hamparian, Donna, Disproportionate Minority Confinement: 1977 Update Juvenile Justice Bulletin OJJDP, September 1998.
6 ID.
7 Snyder, H.M., and Sickmund, M., Juvenile Offenders and Victims, 1999 National Report, OJJDP, September 1999.
8 ID.