RACIAL DISPARITY: AN EXAMINATION OF THE PROCESS THAT CREATES OVERREPRESENTATION

Racial Disparity: An Examination of the Process that Creates Overrepresentation

OUTLINE

I. Introduction

A. Statement of the Problem
B. Significance of the Study
C. Scope and Limitation
D. Research Methodology

II. Background and Literature Review

A. Racial Discrimination
B. Racial Discrimination in the U.S.
C. Racial Disparity in the Juvenile Justice System
D. Overrepresentation of the Minority Youths

III. Analysis

A. Factors Causing the Emergence of Minority Overrepresentation
B. Ways to Reduce Overrepresentation in the Juvenile Justice System
C. Challenges and Difficulties in Addressing Overrepresentation
D. The Role of the Society and the Government

IV. Conclusion

Deloris V. Wright
Dr. John Vassar
LA 794
29 April 2008
Racial Disparity: An Examination of the Process that Creates Overrepresentation

I.  INTRODUCTION
Racial disparity pertains to the inequality observed in the treatment of people of different races. People different ethnic backgrounds becomes the basis for treatment from other people, we usually have situations of discrimination and unequal treatment.
The unequal treatment of people from different races roots the belief that society is constructed as a hierarchy. In the American hierarchy, the white race is considered the superior race, while the black people are considered the inferior ones. Today, discrimination among races should already be at its minimal. However, this is not the case. 
In the United States, a country that is suppose to champion diversity, racial prejudice is blatantly evident in almost all fields—employment, healthcare, entertainment, arts and literature, and the judicial system.  Many organizations and agencies have been sued and penalised because of blatantly discriminatory, exclusionary policies and practices.
The US judicial systemCustom Dissertation Writing is one area where discrimination is discernible. As of June 30, 1994, state and federal prisons in the US held slightly over a million inmates. Blacks constituted 46 percent of the total; Hispanics, 17 percent; whites, 35 percent; and other ethnic groups comprised the remaining 2 percent. The explosive growth of the nation's prison population exacerbates a problem that has long been associated with US prisons: unequal treatment of inmates based on race (Tracy 195).
I conducted this research in order to examine the overrepresentation of minorities in the juvenile justice system. Particularly, I will try to identify the different factors that give way to the surfacing of minority overrepresentation. I will also look at possible ways to reduce the overrepresentation of minorities. The challenges and difficulties in addressing overrepresentation will also be considered. And in the process of attempting to solve the issue, it is important to look into the ways society and the government can become agents of change towards dominant minority overrepresentation in the justice system.    #p#分頁標題#e#

A. Statement of the Problem
 The main purpose of the paper is to study racial disparity. Specifically, I will examine the process that tends to create overrepresentation. Through the review of the juvenile justice system, I will examine the aspect of overrepresentation. Below are the specific questions that help will help in examining the overrepresentation of minorities in the juvenile justice system. 
1 What are the factors that caused the emergence of overrepresentation of minorities in the juvenile justice system?
2 What are the possible ways to reduce the overrepresentation of minorities in the juvenile justice system?
3 What are the challenges and difficulties inherent in the process of addressing the issue of overrepresentation?
4 How can society and the government be agents of change for this kind of racial disparity? Custom Dissertation Writing
 
B. Significance of the Study
 I believe that a study of the overrepresentation of minorities will provide insights regarding the prevalence of discrimination in our society. Many of us assume that discrimination, especially in terms of race, is minimal and, to some extent, eliminated. But my paper will show that the practice of discrimination is still widespread.
 This essay will show that racial discrimination is not only present within present society in the everyday interaction of men, but is also present within institutions. Indeed, even government’s agencies and its laws and regulations condone and support racial discrimination. 

C. Scope and Limitation
 My research explores racial disparity. It will, specifically, focus on overrepresentation of minorities in the juvenile justice system in the United States. I strongly believe that minorities in this region are overrepresented in the justice system. I will not be able to discuss all the issues that pertain to the juvenile justice system and racial disparity. Nevertheless, I will examine and identify the difference between the minority and white youth juvenile acts and the treatment they receive in the justice system. I will be using mostly secondary information. I will rely on the data derived from books and other secondary materials, but I have ensured that the results of the study are still valid and reliable.  

D. Research Methodology
 To ensure that the study is conducted efficiently, I will utilize the descriptive approach. Through this approach, I will be able to present my study accurately and reliably. The approach is useful in collecting information that is up-to-date or current. According to Creswell (24), the descriptive approach is used to gather information about existing conditions in order to describe the nature of the situation as it exists at the time of the study and to explore the cause/s of particular phenomena  
 Moreover, I will rely on the secondary sources of data for the study. Because of time and financial concerns, I took advantage of a wide array of secondary materials such as books, journals, and magazines, as well as credible sources on the Internet. The data collected was collated and analyzed on the basis of my study, which concerns the overrepresentation of minorities on the juvenile justice system. #p#分頁標題#e#
I. 
I.II. II.     BACKGROUND AND LITERATURE REVIEWCustom Dissertation Writing
In this section, I will review the literature on racial discrimination and minority representation. The topics that I will review include the concept of racial discrimination, the state of racial discrimination in the United States, and racial disparity in the juvenile justice system, as well as overrepresentation of minorities in the juvenile justice system.

A. Racial Discrimination
Harper Lee's novel, “To Kill a Mockingbird,” is a perceptive examination of racial discrimination. It deals with the notion of racial prejudice. In the story, the social status of a person is determined by his race. The community is stratified according to racial identity.  The black race occupies the lowest. The blacks in the story are referred to as ‘niggers.’  Those who occupy the upper class are the white race. They consider themselves superior to anyone they consider their subordinates. And so, one can say that the society is segregated according to color of the skin.  According to Harper, “these class rules are reinforced all the time” (21).
 In the novel, people are judged on their physical appearances. The treatment of black people is unfair because they are black. And the white people are viewed as if they are Gods. There is no justification for this kind of actions.  Atticus Finch, the protagonist of the novel, tells his daughter:
“As you grow older, you'll see white men cheat black men every day of your life, but let me tell you something and don't you forget it—whenever a white man does that to a black man, Custom Thesis，Custom Dissertationno matter who he is, how rich he is, or how fine a family he comes from, that white man is trash”. (24)

Tribune Magazine features the story of a 14-year old black girl from the small Texas town of Paris, who was sent to prison for up to 7 years for shoving a hall monitor at her high school while other young white offenders convicted of more serious crimes received probation in the town’s court. It illustrates that the juvenile justice system of indeterminate sentences for youths places to much discretion in the hands of prison authorities, who retains the power to hold or release youths at will. According civil rights advocates, “The system is wide open for abuse and corruption.” “How difficult would it be for a 12-year old kid to file a complaint on an assistant superintendent of a facility when that assistant superintendent is actually the one who decides when she gets out,” said the ACLU’s Harrell.

B. Racial Discrimination in the U.S.
Today, the United States has developed into the most racially diverse and wealthiest nation on the planet. However, the economic gains achieved by the country have not significantly transformed other sectors of society. Some of the communities in the United States still remain highly marginalized.  An essential aspect of the marginalization of American communities is the unequal treatment of persons of color, which occurs incrementally across the entire spectrum of the criminal justice system of the country (The Sentencing Project 1). #p#分頁標題#e#
Undoubtedly, racial discrimination is as pervasive in prisons as it is in the rest of American society. According to James Jacobs, any description or theory of inmate subculture that does not take racial cleavages into account is incomplete. He identified the following indicators of race-related discrimination: (1) inequities among races in job, housing and cell assignments; (2) restrictions on religious freedoms based Custom Thesis，Custom Dissertationon race; and (3) denial of fights to protective custody based on race (Jacobs 19). Although whites have raised claims of discrimination using these indicators of bias, most research has suggested that black and Hispanic inmates are more often the targets of bias (Hawkins et al. 192).
 Americans of ethnic backgrounds still make up a disproportionate part of the American underclass—many of them belong to the to the lower portion of the income distribution, have minimum wage jobs, have poor educations, and have no access to health care. One only needs to see the primetime news to know that racial prejudice is alive in the US.
Discrimination results in disparity and overrepresentation in the justice system. The discrimination that exists on the part of the decision makers of the justice system leads to an organization that is characterized by disparity and discrimination. Minority youth are more likely to be arrested by the police, referred to court intake, held in detention, petitioned for formal processing, adjudicated delinquent, and confined in a secure juvenile facility. In short, the differential actions and decisions of the justice system pave the way for the occurrence of minority overrepresentation. However, other factors, aside from discrimination, contribute to the emergence of disparity and overrepresentation (Sickmund).

C. Racial Disparity in the Juvenile Justice System
The phenomenon of racial disparity, in the context of the justice system, occurs when the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in general population (The Sentencing Project 2). Indeed, in the concept of disparity, there is a difference in the treatment of people based on their racial or ethnic group. The probability of receiving a particular outcome differs for different groups. For example, the probability of being detained by the police depends on race or ethnicity. Thus, the probability of a white teenager being detained is not the same as for the black teenager, even if they were apprehended for the same reason. This disparity in treatment can significantly develop into overrepresentation (Bilchik 2). 
Custom Thesis，Custom DissertationDifferent factors cause racial disparity. One of the reasons may be law enforcement emphasis on certain communities, or even the policies of a legislative body. In addition, the differing levels of criminal activity can also be a contributor in the rise of disparity. The impact or extent of the criminal activity may prompt the criminal justice system to treat some ethnic groups differently. Finally, the decision-making process of the criminal justice system is highly susceptible to racial disparity. Undeniably, the criminal justice practitioners can exercise broad discretion in the justice process (The Sentencing Project 2).#p#分頁標題#e#

D. Overrepresentation of Minority Youths
Overrepresentation pertains to the condition of the justice system wherein a larger proportion of a particular group is present at various stages than would be expected based on their proportion in the general population. And, according to the US Census, the overrepresentation of black juveniles occurs at all stages in the juvenile justice system (Bilchik 2). 
The issue of overrepresentation has been around for more than a decade. But, until today, the disproportionate number of minority youths is a persistent problem. In 1997 alone, one-third of the juvenile population was minority.  African Americans make up most of the minority population Custom Thesis，Custom Dissertationin the justice system. (Administrative Office of Pennsylvania Courts 509).
Sickmund states that, aside from the aspect of discrimination, other factors bring about the disproportionality of minority youth. For instance, the nature and the volume of the crime may explain why minority youths are overrepresented.  This implies that, if minority youth commit proportionately more crimes than white youth, are involved in more serious incidents, or have more extensive criminal histories, then they will be overrepresented in secure facilities. In other words, even without discrimination, the overrepresentation of minorities in prisons is still highly possible. 

III. ANALYSIS
In this section, I will address the problem of the study. In the earlier part of the paper, the main concerns of the research were provided. To review, I will examine the case of minority overrepresentation in the juvenile justice system of the United States. In order to do this, I will have to identify the different factors that contribute to the emergence of disproportionate minority youth in juvenile justice facilities.
Because of the persistence of this problem, I will also find ways in which we could reduce the overrepresentation of the minorities in the juvenile justice system. The challenges and difficulties in addressing the issue will be determined as well. Finally, I will look into the ability of society and the government to become the agents of change in reducing overrepresentation and disparity.

A. Factors Causing the Emergence of Minority Overrepresentation
The disproportionate minority confinement issue is reminiscent of a criminological debate, which began in the 1960s.  Often, minority youth are arrested, detained, adjudicated, and incarcerated because of their minority status regardless of the nature, extent, and quality of their delinquent acts and prior criminal history; alternatively, the minorities are differentially handled by the system according to a variety of legal factors. (Tracy 197).  The over-representation of minority youth in juvenile institutions is caused by many factors like the structure and methods of Juvenile Justice System, race, socio-economic factors; the educational system and the family (Feld 790). They are more likely to be placed in public secure facilities, while white youth are more likely to be housed in private facilities or diverted from the juvenile justice system (792). #p#分頁標題#e#
Basically, discrimination causes the emergence of minority overrepresentation. It tends to create disparity, which, in turn, results in overrepresentation of minority youths. Bilchik (2) describes the concept of discrimination in the juvenile justice system as the condition that occurs if and when the decision-makers of the juvenile justice system treat one group of juveniles differently from another group of juveniles based wholly, or in part, on their gender, race, and/or ethnic status.
Even if discrimination is not the sole reason for overrepresentation, I argue that it is the strongest factor. Even if a standard basis or guide exists in the decision-making process, we will still find differences in the decisions rendered by the justice system. To some extent, one cannot really eliminate personal biases or prejudices. Aside from the given standards or guidelines, decisions will still be imbued with personal values and perspectives. The details of decisions would prove that they are not the same at all. 
More importantly, Sickmund reveals that majority of the decisions rendered by the justice system are based on prior criminal records. I believe that this is clearly a form of discrimination in the justice system. While past criminal records are significant in the decision making process, they should not become the basis in formulating future decisions.
Legislative preambles and court opinions explicitly endorse punishment as an appropriate component of juvenile sanctions.  States’ juvenile coes increasingly use the rhetoric of system accountability, individual responsibility, punishment, and public safety, rather than a child’s welfare or “best interests” (Feld 795).  Half the states use some type of offense-based criteria to guide sentencing discretion. Some use sentencing guidelines to impose presumptive, determinate sentences that are based on age, offense, and prior record (Feld 797).  All these sentencing provisions and guidelines share the common feature of offense-based dispositions that explicitly link the length of time that delinquents serve to the seriousness of the crimes they committed, rather than to their “real needs” (McCord 17).  According to McCord, they use offense criteria to rationalize and achieve proportionality in sentencing decisions, to increase the penal bite of sanctions, and to allow legislators to demonstrate symbolically how “tough” they are (19).   
The bias against black offenders also stem from pubic perception about the behavior of the black youths. The majority of us perceive black youths as being violent and radical. However, we should eliminate this kind of thinking in order to render a meaningful and fair decision.    
The other factors that can trigger the occurrence of disparity and overrepresentation include higher crime rates, legislative decisions, and inequitable resources, as well as overt bias.
Legislative preambles and court opinions explicitly endorse punishment as an appropriate component of juvenile sanctions.  States’ juvenile coes increasingly use the rhetoric of system accountability, individual responsibility, punishment, and public safety, rather than a child’s welfare or “best interests” (Feld 795).  Half the states use some type of offense-based criteria to guide sentencing discretion. Some use sentencing guidelines to impose presumptive, determinate sentences that are based on age, offen#p#分頁標題#e#Custom Thesis，Custom Dissertationse, and prior record (Feld 797).  All these sentencing provisions and guidelines share the common feature of offense-based dispositions that explicitly link the length of time that delinquents serve to the seriousness of the crimes they committed, rather thant to their “real needs” (McCord 17).  According to McCord, they use offense criteria to rationalize and achieve proportionality in sentencing decisions, to increase the penal bite of sanctions, and to allow legislators to demonstrate symbolically how “tough” they are (19).   
With higher crime rates, it is best to examine the rate of arrests made by the authorities. The trend and pattern of the arrests can be linked to the occurrence of misrepresentation. In 2004, black youths made up about 15% of the population aged 10-17, 26% of juvenile arrests 30% of delinquency referrals, one third of petitioned delinquency cases, and 40% of inmates in public long-term institutions (McCord 24-26).
In the arresting and monitoring activities of the polices, it is evident that they usually police in places that are concentrated with black populations. The target is immediately black youths. Arrests are indeed prevalent among black youths in predominantly black neighborhoods where police patrol regularly (The Sentencing Project 6).     
Poor blacks who live in concentrated poverty are effectively segregated from the social, economic, and political mainstream and engage in behaviors of which the dominant culture disapproves.  The mass media convey biased and misleading images that incite white viewers’ fear and indignation and activate sterotypes and prejudices.  Conservative politicians exploit voters’ sensitivities to matters of race with coded messages that are designed to sustain a right-wing coalition and to promote racial animus.  As a result, Americans engage in a subterranean discourse on race without confronting its reality.  Thus as long as the white public and politicians identify long-term poverty and its associated problems – unemployment, drug abuse, criminality, and illegitimacy – as a black condition that is separate from the mainstream of society, policy makers can evade a sense of governmental responsibility or public obligation and evoke racial resentments (Mauer 25).
B. Ways to Reduce Overrepresentation in the Juvenile Justice System
In order to reduce overrepresentation, the justice system needs to provide suspects with equal access to the resources of the government. In this way, fairness and equality will be practiced, thereby significantly reducing discrimination. Changing access to resources will ensure that black or minority suspects will receive more expert help and this will help reduce overrepresentation. Recently, an assessment of the right to counsel and quality of representation in delinquency proceeding, found that:#p#分頁標題#e#
More that one-third of children waives the right to counsel without proper
Advisement by the courts.  Children are not represented at initial hearings or after disposition, including at review and violation of probation hearings (Picou 1).
Another statistic is that a complicated eligibility process for public defender services prevents poor children from receiving counsel. Many minority/black juvenile offenders are assigned public defenders because of their inability to pay for legal representation.  And what is the quality of that representation? In many instances, public defenders often first meet their juvenile clients at court just before adjudication and rarely, if ever, visit clients in detention. Most public defenders do not investigate the underlying facts of cases or the educational, mental health and other social history information required to represent young clients. Defenders rarely advocate for alternatives to detention or challenge juvenile counselors’ recommendations for disposition. Most public defenders rarely or never file appeals on behalf of juvenile clients (2).
The modern society presented the world with a great transformation on the way of life as well as on the culture of the youth. Particularly, we can say that contemporary youth are far different from the traditional or conventional youth. The behaviors and traits of modern youth are evident in the increase of juvenile delinquency. Because of this phenomenon, I think that the juvenile delinquency offenders should incur a heavier degree of punishment.

C. Challenges and Difficulties in Addressing Overrepresentation
The main challenge in the process of addressing overrepresentation is requiring people and institutions to change.  Eliminating overrepresentation would entail changing the mindset of people. It means that they have to get rid of their prejudices regarding other people, especially regarding race or ethnicity. But the process of changing their minds would be very difficult. Indeed, the attitude of the people is developed over a long period. It did not emerge immediately, but it is a result of the experiences—learning as well as the environment—of an individual.  
The same is true with institutions. The ideology of an organization is developed along the way. Changing it would take time since it has an established culture.  Many key players are involved here. Even if we opt not to be absorbed by the system, we are not assured any change because the system will still prevail. Indeed, the majority must change in order for the system to become color blind.

D.  The Role of Society and the Government
American society and the government play a large role in the elimination of overrepresentation in the juvenile justice system. Their cooperation is necessary to eliminate this inequality. Without the support of the two, the efforts or initiatives to eliminate overrepresentation will not be effective.  
The government’s commitment is indispensable in the elimination or in the minimalization of minority overrepresentation. It can use its authority to ensure that the members of #p#分頁標題#e#Custom Thesis，Custom Dissertationthe justice system practiced fairness and equality. I believe this would be a start in correcting the way the government conducts its activities. Rules and regulations can be modified to consider the welfare of the black community.
But more than the rules and regulations implemented by the government, social activities and relationships are important aspects in the process of addressing discrimination. The interaction of people within a community is a measurement of the prevalence of discrimination. We need to correct the perception of people regarding diversity, especially in race.
Society can also help in molding the behavior and attitude of youth. Overrepresentation becomes the main concern simply because of the increasing number of youth offenders. Society should be vigilant towards the actions and decisions of the youth in order not to offend the law. 
The juvenile stage of every individual is affected by different environmental factors. Primarily, family members help in shaping the behavior of young people. Aside from family members, who are obviously the main influencing factor for juvenile behaviors, peers can have a great impact, also.
IV. CONCLUSION
Ultimately, everything boils down to the need for fair and equal treatment of one another. When we are able to treat one another as equal persons, then everything will follow. However, society is exactly the opposite. Prejudice towards other people seems to be unavoidable and creates conflicts and disputes.    
Indeed, discrimination has been one of the most pervasive issues in our society. Even in the face of modernity, discrimination still exists. This is true not only in terms of race or ethnicity but as well as with gender and class. With this, I can say that being civilized did not stop or put an end to the damaging role of discrimination to the people and the society. Discrimination still exists in almost every corner of the community both in the formal and informal sectors.
In this paper, we are able to witness the existence of discrimination in the formal sector, or, more specifically, the juvenile justice system. Largely because of discrimination, racial disparity and overrepresentation occurs. While other factors can be attributed to the emergence of disparity and overrepresentation, discrimination is the most significant of them.
Indeed, the racial prejudices of the justice authorities or the decision-makers bring about racial disparity. Justice is meted out differently based on race or ethnic background. Eventually, it leads to overrepresentation. I believe that this trend is alarming and that it needs to be addressed now.        

WORKS CITED
Administrative Office of Pennsylvania Courts. “Racial, Ethnic, and Gender Bias in the Juvenile Justice System.” Pennsylvania’s Unified Judicial System. 506-530.#p#分頁標題#e#
Bilchik, Shay. “Minorities in the Juvenile Justice System.” Juvenile Justice Bulletin: 1999 National Report Series. Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice. December (1999). 
Creswell, John W. Research Design: Qualitative and Quantitative Approaches. Thousand
Oaks, California: Sage, 1994
Hawkins, Darnell, F. and Ross, Lee E. (). “Legal and Historical Views on Racial Biases in Prison.” Corrections Today. 57.2 (2005): 192.
Jacobs, James B. “Race Relations and the Prisoner Subculture.” Crime and Justice: An Annual Review of Research, 1 (1979): 1-27.
Lee, Harper. To Kill a Mockingbird. USA: Warner Books, 1988.
Mustafa, Nadia and Jeff Chu. “Between Two Worlds.” Time Magazine. (2006): 64-68.
Sickmund, Melissa. “Minority Disproportionality Exists at Various Decisions Points in the Juvenile Justice System.” OJJDP National Report Series: Juvenile in Corrections. June (2004).   
The Sentencing Project. Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. October (2000).
Witt, Howard. “Texas Reviews Scandal-plagued JuvCustom Thesis，Custom Dissertationenile Prison System.” Tribune 26 March 2007:1-4.http://chicagotribune.com/news/nationworld/070326juveniles,0,02743.story.