the Juvenile Justice and Delinquency Prevention (JJDP)

Amendments made in 1998 in the Juvenile Justice and Delinquency Prevention (JJDP) law in 1974, where the congress necessitated that the JJDP office needed all nations taking part in Formula Grants Program to report on disproportionate minority confinement in the plans they made as a state. This study analyzes some of the causes of DMC, the state policies that address proportionality minority acts and the ideas present for two policies that can reduce disproportionality representation of minorities. The disparities occur equally in individual reports of felonious activities and in records made officially of the contacts of the criminal justice system, involving encounters with police officers, convictions and arrests.

Racial disparities have been a significant issue in the criminal justice system. Alex Piquerro states that most coloured youths have been overrepresented at every section of the United States Juvenile system. As with most racial differences in a huge number of social indicators, the reasons why these disparities are not immediately superficial. Certain analysts connect these differences to ‘differential participation,’ i.e. the disparities in offences committed by whites and minorities. Other analysts attribute this to ‘differential selection,’ i.e. the point that justice systems give white and minority offenders in different ways. Others still trust that the two explain the racial disparities (Walt & Jason, 2017). Differential involvement is crucial in the early stages of the judicial process, especially when youths come into contact with the police, and may affect differential selection when the minor go through the juvenile justice system. Racial disparities are a significant cause for disproportionate minority contact.

Another reason that can be said to cause disproportionate minority contact is that the judicial system progresses on white and minority offenders in a variety of ways. It could also happen because of existing bias, either implicit or explicit, or due to patterns of racial differences that have been rooted historically. Crime policies could be the main reason why racial disparities occur. An example is when the community enforces strict measures for minority societies than for the same offences for white offenders. The differences may also be as a result of discretion when making decisions in the justice system. While minorities are restricted unduly for their offences, e.g. the inequality is more significant when the offences are not severe, and disparities are typically designed into the decision making in offences of this kind.

Various policies address the proportionality minority acts; for example, the JJDP act in 2002 widens the DMC move to comprise DMC in all points of decisions in the justice system for juveniles. The bill also necessitates that an intervention strategy that involves law-breaking prevention and improvement of system components. In an amendment of JJDP carried out in 1992, DMC was promoted to a base for protecting the youth, with the probability for future funding (Leiber, & Fix, 2019). The JJDP dictates that the area where the juvenile case is handled can influence the results of the case. Cases which proceed in urban areas are more likely to deliver harsher outcomes than if it was proceeding in rural areas. In other areas, drugs might not be taken with much weight in urban areas than in rural areas. This may be due to the fact that minority communities dwell mostly in urban regions; a geographic effect might operate to over-represent minorities in the state. Also, crimes committed by the minority are mostly more visible. For instance, when white kids decide to sell drugs, they do so at the comfort of their homes. The minority youths, however, will have to turn to the streets to sell the drugs.

Due to the increased number of juvenile offences during the ’90s, most countries started the automatic transfer, judicial act waivers, and direct file. Automatic transfer acts relieved prosecution of certain crimes in the juvenile court jurisdiction, enabling juveniles to be arbitrated mechanically in criminal law courts (Leiber, & Fix, 2019). About twenty-nine countries contain automatic transfer laws. Direct file acts enable prosecutors to be discrete when charging juveniles as adults. About fourteen countries and Columbia have such laws. The judicial waiver laws give juvenile magistrates the mandate to waiver the jurisdiction to enable the juvenile to be arbitrated in a criminal court. About forty-four countries allow these laws.

The number of drug laws that was known as the drug war has significantly impacted the number and conformation of people who arbitrated on issues related to drugs. Most people of colour are the ones who suffer most in drug-related cases (Leonard, 2000). This happens because of certain policies that have been put in place since the ’80s at the national and federal levels. The U.S. Sentencing department was amended for offenders caught with a crack in 2007. The enacted laws in this section had mandatory sentences are still being practised today. These laws have been effective in eliminating racial disparities in the criminal justice system.

Another strategy that can be effective in controlling disproportionality is banning some laws that are inconsiderate of minority offenders. The three-strikes legislation is one law that needs to be amended. The law, in over twenty-five countries, has been passed and some countries it has been stipulated that offenders will receive a life sentence which happens after one commits two crimes. This usually affects the minority groups, and it may elicit emotional and unethical responses. Such practices should be eliminated to promote proportionality in the criminal justice system.

References

Leiber, M. J., & Fix, R. (2019). Reflections on the impact of race and ethnicity on juvenile court outcomes and efforts to enact change. American journal of criminal justice44(4), 581-608.

Leonard Noisette (2000). Reducing Racial Disparity in the Criminal Justice System.

Walt, L. C., & Jason, L. A. (2017). Predicting Pathways into Criminal Behavior: The Intersection of Race, Gender, Poverty, Psychological Factors. ARC Journal of addiction2(1), 1.

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