SNAPSHOT

Addressing the Intersection of Gender and Racial Disparities

APRIL 2016*

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Researchers have identified long-standing gender bias in the youth justice system, with courts confining girls for less serious offenses and for longer periods of time than boys with similar offenses. This is particularly true for non-criminal behavior -- or “status offenses” -- such as running away and breaking curfew.[1] The proportion of girls involved in the juvenile justice system at every stage has been steadily increasing in the past two decades and the relative rate of formal court processing for girls increased 32 percent from 1985 through 2013.[2]

Likewise, disparities continue to exist for youth of color at every stage of the youth justice system – arrest, referrals and petitions to court, detention, placement in juvenile facilities after adjudication, and waiver to adult court.[3] In 2013, youth of color were more likely than white youth to be incarcerated in every state in the U.S.[4]

Girls of color suffer the effects of both of these existing patterns of gender and racial bias in the youth justice system.[5] Black girls are the fastest-growing group of girls referred to court, and the fastest-growing group that is detained.[6] In 2013, black girls were almost three times as likely to be referred to juvenile court as their white peers, and American Indian and Native Alaskan girls were 40 percent more likely to be referred to juvenile court.[7] Below are some recommendations for addressing this issue.

The first step to addressing the intersection of gender and racial disparities is to understand and acknowledge that it exists. This can be done through educating stakeholders in the system, such  as police officers, judges, probation officers, and all other major decision-makers who interact with girls in the juvenile justice system.[8] Few jurisdictions have examined the intersection of race and gender. Most collect data on all girls and all boys, and break out youth by race and ethnicity. If states were required to collect youth justice data by gender, and cross-reference it by race and ethnicity categories, they would be able to identify disparities and be better able to address them.[9] OJJDP just recently did this for national data by adding tables comparing disparities by both race and gender.[10]

Washoe County, Nevada

This jurisdiction collected data on girls in its juvenile justice system in 2006, and learned that 40 percent of the girls being detained were held for technical violations of probation or status offenses, while only 25 percent of the boys were detained for these types of offenses. County administrators used this information to eliminate probation sentences for those who committed status offenses, and reduce the use of probation for misdemeanors, addressing these cases through voluntary services to the youth and family instead. Between 2006 and 2010, Washoe County reduced the use of secure detention for girls by 50 percent.[11]

Adopt structured decision-making practices and tools, such as risk assessment tools, to facilitate objective and consistent decision-making, instead of subjective determinations vulnerable to bias. Note, however, that a risk/needs assessment that includes specific concerns regarding girls, such as sexual victimization, could end up resulting in more girls being enmeshed in the juvenile justice system.[12]

For many girls, experience with abuse, trauma, and violence, result in behaviors that push them into the justice system. Of these, status offenses, which include truancy, running away, curfew violations, and underage drinking, are still the primary pathway for girls into the youth justice system.[13] Unfortunately, the justice system is generally not equipped to address their needs in a developmentally appropriate manner. Rather, they are often pushed further into the system -- to their detriment.[14] A very effective strategy to reduce the number of all girls -- and girls of color -- in the youth justice system is to divert them out of the system, using community-based, gender responsive and culturally and linguistically competent resources. Click here for more information on diversion for status offenses.  

Incarceration can exacerbate the trauma and abuse many girls charged with status offenses have already suffered by jeopardizing their safety and well-being, and can increase the likelihood that they will be further involved in the justice system.[15] This should be addressed at the federal and state levels: