ERIC ED409386: Disproportionate Minority Confinement (DMC). A Special Report.

7 Pages·1996·0.19 MB·English

by  ERIC

DOCUMENT RESUME
ED 409 386
UD 031 776
AUTHOR
Bumbarger, Brian, Ed.
TITLE
Disproportionate Minority Confinement (DMC). A Special
Report.
INSTITUTION
Coalition for Juvenile Justice, Washington, DC.
PUB DATE
(96]
NOTE
6p
PUB TYPE
Collected Works
Proceedings (021)
Descriptive
Reports
(141)
EDRS PRICE
MF01/PC01 Plus Postage.
DESCRIPTORS
*Blacks; *Correctional Institutions; *Cultural Awareness;
Delinquency; Identification; Males; *Minority Groups; Moral
Values; Pilot Projects; Prevention; *Prisoners; Problem
Solving; Social Problems; State Programs; *Urban Problems
IDENTIFIERS
African Americans
ABSTRACT
As far back as the 1960s, research and statistics began to
demonstrate what appeared to be an inequality in the criminal justice system
in that minorities, particularly black males, were being arrested and
confined in numbers far greater than their proportion to the general
population. The Coalition for Juvenile Justice, in conjunction with Community
Research Associates, and the Federal Office of Juvenile Justice and
Delinquency Prevention hosted a conference on this issue in February 1996.
The articles in this collection were written for that conference. The first,
"The Rerudj Concept and the Imperative of an African-American Success Model"
by Kevin Thomas describes an approach that uses spiritual, value-based, and
culturally appropriate problem solving methods to promote the ancient concept
of "rerudj," a restoration of that which is damaged. "Identification and
Assessment" by Donna Hamperian discusses the identification and assessment of
causes of minority overrepresentation in the justice system. "Recognizing
System Effects of the DMC Initiative" by William Feyerherm considers a pilot
project to develop innovative approaches to DMC in five states. "Positive
Activities from the DMC Initiative" by Reggie Morton considers the DMC
mandate of the Juvenile Justice and Delinquency Prevention Act and the
actions states and local jurisdictions are taking to approach DMC from a
problem-solving perspective. Prevention, education, and willingness to change
must be the focus of these efforts.
(SLD)
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Reproductions supplied by EDRS are the best that can be made
from the original document.
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Disproportionate Minority Confinement (DMC)
A Special Report From the Coalition For Juvenile Justice.
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2
BEST COPY AVAILABLE
Disproportionate Minority Confinement (DMC)
REPORT FROM THE COALITION FOR JUVENILE JUSTICE
A SPECIAL
Edited and Introduction by Brian Bumbarger
As far back as the 1960's, research and statistics began to demonstrate what appeared to be an inequality in the criminal
justice system. Minorities, particularly black males, were being arrested and confined in numbers far greater than their
proportion to the general population. In the 1970's and 80's, attention was drawn to that same overrepresentation of
minorities in the juvenile justice system. Statistics showed that minority youth, even when taking into account the possibility
of disparate crime commission rates and more severe criminal histories, were far more likely to receive formal sanctions, to
be sentenced to secure confinement, and to be transferred to criminal court. The Coalition for Juvenile Justice, then the
National Coalition of State Juvenile Justice Advisory Groups, focused national attention on this differential processing of
minorities in its 1988 Annual Report to the President, Congress, and the Administrator of the Office of Juvenile Justice and
Delinquency Prevention. Congress responded by adding a mandate to the Federal Juvenile Justice and Delinquency
Prevention Act which required states to conduct studies to determine if in fact the number of minority youth in secure
confinement was disproportionate to their representation in the total youth population, and if so, to determine and address
the causes of that overrepresentation.
The Rerudj Concept and the
primary data sources. Arrests and
Today,
as Congress again prepares to
imprisonment statistics may in fact
Imperative of an
represent official attitudes and
re-examine the effectiveness of that
African-American Success
behavior rather than differential
Act and the appropriateness of each of
Model
rates of offending between races.
its mandates, it is Important to take
by Kevin Thomas
Further, cultural alienation and
stock of what has been accomplished
surrender within the African-
since the addition of the DMC
American population, especially
On
mandate, and just as importantly, what
a single day in 1989, a study
since the 1968 death of Dr. King
remains to be done.
commissioned by the State
and the civil rebellions within the
Department of Georgia found all
inner cities, has led to a
In February of this year (1996), in a
110 juvenile offenders in the state's
rearrangement of the value
joint effort of the Coalition for Juvenile
youth prison were black. The
systems which have traditionally
Justice, the Coalition's Ethnic and
Human Resources Director for the
provided a steady course. Often,
Cultural Diversity Committee,
State commented, "it is
the problem is overstated as a
Community Research Associates, and
inconceivable to me that there were
deficit model, which is an
the Federal Office of Juvenile Justice
no white children in the state who
ideological perspective that
and Delinquency Prevention, over one
were charged with possession with
attributes the social ills affecting
hundred juvenile Justice practitioners
intent to distribute." This type of
African-Americans and low-income
and policy-makers from across the
criminal offense often lands black
groups to internal rather than
country gathered in Phoenix, Arizona
youth in the Youth Development
external factors. It is popularly
for the first National Disproportionate
Center.
called "blaming the victim."
Minority Confinement Planning and
(Staples, 1971, and Engram, 1982)
Strategy Meeting. The participants Although blacks only constitute
13% of the urban population in the
gathered to hear where the country
For the last few decades this deficit
United States, FBI statistics show
stands on achieving the goals of the
model has been the predominant
that Blacks account for more than
DMC mandate, to learn about
perspective projected through the
half of the arrests for murder, rape,
promising approaches being tried in
media with its portrait of black
and non-negligent manslaughter.
some states, and to develop a plan of
America as being infested with
This represents a rate five times
action both to address DMC in their
"gangs, guns, drugs, and dummies"
that of whites.
state and to maintain the momentum
and the renewed, or some would
nationally to eliminate inequities in the
say, continuing debate within
The victims of this violence are also
juvenile justice system. The following
academia as presented in the book
far more likely to be black. 95% of
collection of articles was written by
The Bell Curve and the statements
all violent acts committed against
participants and presenters at that
by the President of Rutgers
blacks are by other blacks.
important event. Hopefully they will
University that blacks are
Nationally, homicide is the leading
empower many others to move forward
genetically inferior, and thus unable
cause of death among black males
in their own way to address the
to compete academically or
age 16-35 and black females under
problem of minority
contribute socially.
the age of 40.
overrepresentation.
In Iowa African-American youth'
The problem with using this
comprise 2.3% of all youth but
information to draw conclusions is
represent 23% of the youth held in
the potential shortcomings of the
3
Disproportionate Minority Confinement
Page--2--
March 1996
small differences at various stages
A Sierra Leonean proverb says,
juvenile detention facilities and 19%
with a large net effect.
"He who upsets a thing should
of those detained at the Boys'
know how to rearrange it."
Training School. Similar
Pre-trial Detention - In many
overrepresentation exists in the
jurisdictions, whether or not a youth
Kevin Thomas is DMC Coordinator for
African-American adult population,
was detained influenced ALL
Iowa Criminal and Juvenile Justice
both male and female. This
Planning, Department of Human Rights
subsequent decisions. In some
represents a serious strain on
studies, race was an explanatory
family and community development
***
factor in the decision to detain.
and future productivity. Increasingly
When 'disparity does exist, it may
apparent is when fathers and
occur at any decision point in the
mothers are removed from the
Identification and Assessment
system; moreover, it may exist at
nurturing development of cultural
by Donna Hamperian
wholly different decision points in
continuity, representing the values
different jurisdictions within a state.
and ideas which give behavior
When only statewide data are
positive license. Youth are
During
the 1988 Reauthorization
used, race effects may be masked.
subsequently left to set aside
of the JJDP Act, amendments were
Analysis should look at all of the
priorities and chart their future
added to require that each state's
jurisdictions in the state with at
destination within malfunctioning
formula grant plan address efforts
least 1% minority population.
social, familial, and communal
to reduce disproportionate minority
Gender should also be controlled in
environments.
confinement.
the analyses. Because females
represent such a small percentage
Historically, we see the strong
There were three steps required by
of the juvenile justice population at
social and economic advances
the Act: to provide documentation
most decision points,
made by African-Americans in the
to indicate whether minority
overrepresentation of minority
1960's, which, according to leading
overrepresentation exists; to
females is often masked. Minority
social scientists, were eroded in the
determine at what point(s) in the
females may account for a higher
1970's and 80's. Statistics show
process overrepresentation occurs,
level of overrepresentation (in
that in the sixties 75% of black
and to what extent; and to include
comparison to majority females)
families included a father and
in the state's 3-year juvenile justice
than minority males.
mother within the home. Thirty
plan action steps to begin to
years later, those numbers have
address the problem.
Research should attempt to include
plunged to a level where less than
information on the family
half of African-American children
All states have completed step one.
characteristics, such as intact vs.
under the age of 18 live in a home
Except for Vermont, every state has
single parent and with whom the
with a father present.
identified overrepresentation of
youth resides. A body of research
minorities in detention and/or
indicates that youth from single-
African-American males are falling
correctional facilities. Vermont had
parent homes, especially female
victim to drugs and alcohol, dying
less than 1% minority at-risk youth
led, face more severe dispositions
from AIDS, violence, and simply the
population.
than youth from two-parent homes.
misuse of being "cool." An African
proverb reminds us that, "a people
Many states have conducted
Research should attempt to focus
who cannot save themselves are
research or completed additional
on minorities other than African-
lost forever."
analyses of their data to identify
Americans when applicable, and
where the problem occurs and the
should examine rural and suburban
By using spiritual, value-based
extent of the problem. Following are
jurisdictions in addition to urban
holistic and culturally appropriate
some of the lessons learned or
areas. Patterns of
problem solving approaches, the
issues to look for when conducting
overrepresentation across rural,
African-American community can
research or analyzing data in your
suburban, and urban areas may be
reclaim the ancient concept of
state.
quite different, even within the
Rerudj, which states:
same state.
Small racial
Amplification
Restore and raise up that which is
differences accumulate and
Qualitative research (such as police
in ruin;
become more pronounced as
ride-alongs and observational
Repair that which is damaged;
minority youth proceed further into
studies) should be included in
Heal that which is wounded;
the juvenile justice system. Thus
research strategies. Such
Repair that which is separated;
you must identify whether disparity
information can be valuable in
Replenish that which is lacking;
results from large differences in
explaining the quantitative data and
Make strong that which is weak;
processing at one stage, or more
provide assistance in deciding what
Make flourish that which is fragile
likely an accumulation of relatively
should be included in the action
and underdeveloped and needs to
14
plan.
flourish.
Disproportionate Minority Confinement
Page--3--
Maroh 1990
resolving the original problem of
at referral, and any other factors
Two analytic models are presented
identifying racial/cultural affiliation.
that are included in the data.
here. The first should be completed
It is also worth noting that the initial
to extent possible in all counties
focus on assessment frequently
Donna Hamperian is a Juvenile
and statewide. Ideally it begins with
had the effect of making local
Justice Consultant in Columbus,
arrest and should include: arrests
officials more aware of the
Ohio
or court referrals, intake decision to
information resources to which they
handle formally or informally, the
***
did have access, whether that
decision to detain, place in shelter
was information collected by other
Recognizing System Effects
or return home, the decision to
agencies, or at other jurisdictional
transfer to adult court, whether the
of the DMC Initiative
levels.
case is adjudicated, and the
by William Feyerherm
disposition (including dismissal,
One of the features common to
formal or informal probation,
most of the projects has been the
placement, commitment to the
Beginning
in late 1991, the Office
use of community collaboration
state, or other).
of Juvenile Justice and
efforts to develop and enhance
Delinquency Prevention funded a
service provision activities. For
The simplest analytic strategy
set of five States in a pilot project to
example, in Tampa, FL the project
shows the relationship of these
develop innovative approaches to
developed new partnerships with
decisions by comparing the
the problem of Disproportionate
the Urban League, the county
proportions of minority and majority
Minority Confinement (DMC). The
Children's Board, a set of 18
youth receiving various actions.
DMC activity in each of the five
service providing agencies, and the
Another strategy is to show the
states has had a range of effects
local juvenile assessment center. In
probability of each group to
on the juvenile justice systems
Cedar Rapids, IA the project has
precede from one step to the next.
within those states. While it is
involved strengthening the
This strategy clearly shows the
undoubtedly too early to determine
relationship between juvenile
steps in the process that result in
the overall effects on
justice and the Jane Boyd House, a
overrepresentation by comparing
overrepresentation, it is possible to
local resource which has
the probabilities at each step.
identify a number of important
championed approaches of
ongoing improvements in the five
providing "wraparound" community-
A second analysis that is very
state juvenile justice systems that
based services for families in the
important to conduct and can easily
have resulted from the activity over
area.
be conducted with limited data
the past several years.
again uses the probability strategy.
In each of the five states the
The elements needed for this
The assessment approach that the
activities of the state projects
analysis are: the number of referral
five states have taken has
resulted in the development of
offenses, categorized and broken
demonstrated the information gaps
additional institutionalized
down by race and gender, the
within each of the five states. In
mechanisms to continue the
number of youth detained by racial
none of the states were the
assessment of DMC issues and the
group and the number of youth
information resources truly
development of responses. In
committed to a training school or
sufficient to meet the needs of the
Florida there has been the
juvenile corrections, broken down
DMC assessment. In North
development of a whole new
by race and gender. The question
Carolina, no automated information
juvenile justice department, with a
asked is, what is the probability of a
system existed. As a result of the
major commitment to the
minority youth referred to court for
development of the information for
overrepresentation issue, as well
each offense category being
DMC, not only have additional
as significant resources with which
detained, in comparison to a
counties requested the kind of
to address the problem. In Iowa the
majority youth being detained for
special study which was conducted,
staff members hired for DMC
the same offense, and similarly,
but the realization that such
issues have continued their
what is the probability of each
information could be used for a
employment, specifically in
youth being incarcerated in juvenile
variety of assessment purposes
positions created to address DMC.
corrections.
(not just DMC) has the state
In two of the Oregon County
moving in the direction of
projects, the county government
This analysis allows the research to
information systems development.
has found ways of "picking up" the
control for category of offense. This
At the other end of the spectrum,
DMC activities as ongoing county
is very important information to
Florida had a fairly complete
activities, in addition to the ongoing
have when addressing policy-
juvenile court information system,
work of a State Supreme Court
makers.
but in the course of the project
Task Force addressing issues of
found ways of linking information
racial equity within the justice
Transition probabilities can be
systems of the Department of
system. In North Carolina, a new
computed for other characteristics
Education, which provide additional
section of the Human Services
of offenders also, including first
information on youth, as well as
offenders vs. repeat offenders, age
Disproportionate Minority Confinement
Page
Maroh 1996
--A-
Positive Activities from the
Judges, the American Correctional
Department has been created to
Association, and the Annie E.
extend the audit capacity of the
DMC Initiative
Casey foundation have also made
state to examine and improve DMC
by Reggie Morton
minority overrepresentation an
issues throughout the state.
issue within their organizations.
The Disproportionate Minority
OJJDP has created a DMC
Under the auspices of these DMC
Confinement (DMC) mandate of the
Working Group headed by Emily
programs, a number of local
JJDP Act is beginning to take the
Martin, Director of the Training and
activities have taken place that
form that Congress, OJJDP, and its
Technical Assistance Division, and
improve the entire range of local
supporters intended: a holistic
has demonstrated its commitment
services. For example, in Marion
approach to a devastating problem
to the issue by focusing program
County, Oregon all juvenile court
that is destroying minority
priorities and discretionary grant
service providers are now required
communities and putting undue
funds on DMC in its 1996 Program
to undergo an agency-wide cultural
burden on an overwhelmed juvenile
Plan.
competency assessment and
justice system. National, State,
improvement process, with the
and local organizations are
Positive strides have been made to
county providing technical
beginning to approach DMC not as
address minority over-
assistance, and with performance
an exercise in placing blame or
representation in the juvenile
standards written into the agency
pointing fingers, but as a thoughtful
justice system. However, there is
contracts. In Arizona, community
problem solving activity. Race is
much work yet to be done and it will
groups have been encouraged to
always a difficult issue to address,
take time and determination to see
develop new resources for youth
but with the positive interventions
a major change. Prevention,
headed (or currently involved with)
that have taken place throughout
education, and a willingness to
the juvenile justice system. In
the country through the DMC core
change must continue to be the
Portland, OR the County
requirement, states are beginning
focus of this very important issue.
Commission for Children and
to have an impact on the disease of
The DMC initiative has much to do
Families is considering inviting
overrepresentation. This disease
with race and ethnicity, but it has
Bethesda Day Treatment Center to
for which we know the cure.
even more to do with justice.
assist in developing service
systems in the county, explicitly for
After determining whether there is
the purpose of addressing DMC.
ReggieMorton is Program Manager in
in fact a statistical overrepresen-
charge of DMC efforts for Community
tation, the DMC Mandate calls for
Research Associates
Though it is too soon to quantify a
states to conduct an assessment
statistical reduction in DMC in the
report on DMC. As of January,
pilot states, it is clear that these
1996, 25 states had completed
states, and the juvenile justice
their reports and all others were in
system as a whole, have benefitted
the process of finalizing their
We may have
from the DMC Initiative.
studies. In addition, over 30 states
and territories have received some
come in
William Feyerherrn is a researcher with
type of training or technics!
Portland State University. The article
assistance surrounding the DMC
different ships,
above was abstracted from his
initiative. The Ethnic and Cultural
publication, "Disproportionate Minority
Diversity Committee of the Coalition
Confinement: Lessons Learned from the
but we're
Pilot State Experiences."
for Juvenile Justice was
instrumental in conducting a
all in the same
***
national DMC Planning and
Strategy Session in coordination
boat now
-
with Community Research
Associates and OJJDP. Aside from
the Coalition, other national groups
Rev. Martin Luther King, Jr.
such as the National Council of
Juvenile and Family Court
Coalition for Juvenile Justice
1211 Connecticut Avenue, NW, Suite 414
Washington, DC 20036
[phone] * fax [phone] * email [email protected]
6
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