disproportionate minority confinement: a review of the ...€¦ · analysis characteristics of the...

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1 Disproportionate Minority Confinement: A Review of the Research Literature From 1989 Through 2001 Carl E. Pope, Rick Lovell, and Heidi M. Hsia Concerns about the overrepresentation of minority youth in secure confinement have long been noted, and much research has been devoted to this issue. It is only within the past decade or so, however, that national attention has been directed to the impact of race on juvenile justice decisionmaking. In the 1988 amendments to the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 (Pub. L. No. 93–415, 42 U.S.C. 5601 et seq.), Congress required that States participating in the Formula Grants Program determine if disproportionate minority confinement (DMC) exists and, if so, demonstrate efforts to reduce it. In the words of the Act, States must “address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population.” For the purposes of the JJDP Act, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) defined minority populations as African Americans, American Indians, Asians, Pacific Islanders, and Hispanics (OJJDP Regulations, 28 CFR Part 31). In the 1992 amendments to the JJDP Act, DMC was elevated to a core requirement, with future funding eligibility tied to State compliance. As outlined by OJJDP, addressing DMC involves five phases of ongoing activities: R Identifying the extent to which DMC exists. R Assessing the reasons for DMC if it exists. R Developing an intervention plan to address these identified reasons. R Evaluating the effectiveness of strategies to address DMC. R Monitoring DMC trends over time. To implement DMC efforts, States have sponsored numerous studies at the State and local levels and published many reports of their findings. There are now three national reports that summarize States’ DMC efforts at each phase since the enactment of the amendment (Feyerherm, 1993; Hamparian and Leiber, 1997; and Hsia and

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Disproportionate Minority Confinement:A Review of the Research Literature From 1989Through 2001

Carl E. Pope, Rick Lovell, and Heidi M. Hsia

Concerns about the overrepresentation of minority youth in secure confinement have long been noted, and muchresearch has been devoted to this issue. It is only within the past decade or so, however, that national attentionhas been directed to the impact of race on juvenile justice decisionmaking. In the 1988 amendments to theJuvenile Justice and Delinquency Prevention (JJDP) Act of 1974 (Pub. L. No. 93–415, 42 U.S.C. 5601 et seq.),Congress required that States participating in the Formula Grants Program determine if disproportionate minorityconfinement (DMC) exists and, if so, demonstrate efforts to reduce it. In the words of the Act, States must“address efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, securecorrectional facilities, jails, and lockups who are members of minority groups if such proportion exceeds theproportion such groups represent in the general population.” For the purposes of the JJDP Act, the Office ofJuvenile Justice and Delinquency Prevention (OJJDP) defined minority populations as African Americans,American Indians, Asians, Pacific Islanders, and Hispanics (OJJDP Regulations, 28 CFR Part 31). In the 1992amendments to the JJDP Act, DMC was elevated to a core requirement, with future funding eligibility tied toState compliance.

As outlined by OJJDP, addressing DMC involves five phases of ongoing activities:

� Identifying the extent to which DMC exists.

� Assessing the reasons for DMC if it exists.

� Developing an intervention plan to address these identified reasons.

� Evaluating the effectiveness of strategies to address DMC.

� Monitoring DMC trends over time.

To implement DMC efforts, States have sponsored numerous studies at the State and local levels and publishedmany reports of their findings. There are now three national reports that summarize States’ DMC efforts at eachphase since the enactment of the amendment (Feyerherm, 1993; Hamparian and Leiber, 1997; and Hsia and

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Hamparian, 1998). Additionally, major reports have been published that describe lessons learned from fiveOJJDP-sponsored DMC pilot States (Devine, Coolbaugh, and Jenkins, 1998), present updated DMC national data(Snyder and Sickmund, 1999; Poe-Yamagata and Jones, 2000), and examine the transfer of juvenile offenders toadult court (Males and Macallair, 2000; Juszkiewicz, 2000).

In addition to the State and national DMC reports, a variety of social science journals have published a body ofresearch that examines race and juvenile justice processing. As part of the first OJJDP-funded DMC researcheffort, Pope and Feyerherm (1990) undertook an analysis of DMC-related literature published between January1969 and February 1989. The results of this analysis of 46 research articles clearly showed that there weresubstantial differences in the processing of minority youth within many juvenile justice systems. Thesedifferences could not be attributed solely to the presence of legal characteristics or other factors. Instead,approximately two-thirds of the reviewed research indicated that a youth’s racial status made a difference atselected stages of juvenile processing. Moreover, these findings were independent of the type of research designemployed. In other words, studies employing various types of methodologies were equally likely to finddifferences: research finding evidence of racial bias was no more or less sophisticated than research finding nosuch evidence. Differential outcomes could occur at any stage of juvenile processing and, in some instances, werecumulative (i.e., racial differences became more pronounced the further the youth penetrated into the system).Clearly, this was cause for concern.

The purpose of this Bulletin is to extend the earlier analysis by examining research found in professionalacademic journals and edited books during the subsequent 12-year period. Conference papers or presentations areexcluded from the current review, as are unpublished State studies or plans, except when portions of these mayhave formed the basis for a journal publication. A methodological format similar to that employed in the earlierstudy is used. The question is simple: What does the existing periodical research now tell us about the processingof minority youth through the juvenile justice system? This Bulletin details the results of this analysis, offersguidelines for future DMC research, and outlines considerations for a national policy agenda regarding suchresearch.

Methodology

The present review includes DMC studies published in professional academic journals and scholarlybooks from March 1989 through December 2001. Like the earlier research summary (Pope andFeyerherm, 1990), it focuses on empirical research studies of the official processing of minority youth. Itdoes not directly encompass research on the full range of conditions that might place minority youth atrisk of coming into contact with law enforcement and/or the courts. The focus of this review is ondecisions made within the juvenile justice system and on studies that bear on the question of whetherrace appears to be related to the outcomes of those decisions.

The first stage of the review involved a search for the target literature. Five data-based library searchescovering the targeted time period were conducted. Among the key terms used were “disproportionateminority confinement,” “juvenile justice processing,” “juvenile justice and Hispanics” (“and AfricanAmericans,” etc.), “juvenile justice and females,” and “juvenile justice and gender.” These searches(including searches of the Criminal Justice Abstracts, Sociological Abstracts, Social Science CitationIndex, and Legal Resource Index) produced an initial set of more than 500 potentially relevant citations.Further, journals that were known to have published such articles in the past (e.g., The Journal ofResearch in Crime and Delinquency, Criminology, Justice Quarterly, Crime and Delinquency, and TheJournal of Criminal Justice) were intensively reviewed. Each issue was examined, and articlespotentially falling within the scope of the review were copied and indexed. The investigators also

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obtained input from colleagues and other knowledgeable persons concerning pertinent collections andindividual documents that might be valuable. In effect, a snowball technique in which initial responsesled to additional sources added to the set of citations. This process produced a total of 126 potentiallyrelevant documents that warranted additional review to determine whether the studies sufficientlyaddressed DMC.

The next stage in the review involved the selection of the substantive materials for inclusion in theexamination. The investigators employed two primary screening criteria in selecting documents for thereview.

� First, publications under consideration had to directly address areas pertinent to minority youth,juvenile justice processing, and/or DMC. The documents meeting this criteria presentedinformation on one or more decision stages in the juvenile justice system and presented at leastsome information describing whether the outcomes of that decision differed depending on therace/ethnicity of the juvenile involved. This criterion excluded many of the initially identifieddocuments that focused on adults or only indirectly on pertinent areas (i.e., they did not describeracial differences or similarities in the outcome of decisionmaking).

� Second, publications under consideration had to report on quantitative and/or qualitativeempirical studies. Documents best characterized as commentary, essays, or general discussion orthose presenting primarily unsupported opinions and that did not report the results of originaldata or original analyses were excluded.

The process resulted in the selection of 34 publications relevant to the review. (See page 38 for a list ofthese documents.)

The third stage of the examination required an intensive, critical review of the 34 documents selected.The investigators thoroughly reviewed the selected publications, each initially taking a subset of one-halfof the targeted works. A matrix was developed to standardize the categorization and extraction of keyfeatures from each of the studies. The matrix was adapted from the one used in the initial DMC literaturereview (Pope and Feyerherm, 1990), and the categories employed are generally consistent with thoseused in the previous review, namely study citation, study site(s), time period, data collection methods ,racial groups involved, decisionmaking points investigated, analytical procedures used, research results,and race effects.1 Four designations were used to signify the studies’ findings about race effects:

� “Yes” denotes that a particular study found direct or indirect race effects.

� “No” denotes that a particular study found no race effects.

� “Mixed” denotes that a particular study found race effects at some decision points but not atothers and/or that race effects were apparent for some types of offenders or certain offenses butnot for others.

� “Unknown” denotes that the data were not analyzed for processing points or outcomes but werenonetheless relevant to DMC. Each of these studies examined factors important to understandingpotential sources of disproportionality, but they did not analyze data directly regarding

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decisionmaking outcomes.

The results of the matrix are included in the table on page 26. The table is presented in two sections.Section I presents studies with designs and results directly relevant to DMC processing stages. Section IIpresents studies that do not focus on decision points and outcomes but are either program evaluations orare otherwise related to DMC issues.

To enhance reliability, the investigators each reviewed the subset of articles initially examined by theother, as well as verifying the information extracted and categorized by the other. The initial 25 of the 34obtained were sent to two consultant reviewers who also examined these works and verified theinformation extracted and categorized by the investigators. The final stage was analyzing andsynthesizing the matrix information.

Analysis

Characteristics of the Studies Reviewed

Across the studies, the minority groups of interest included African American (27 studies), Hispanic orLatino (11 studies), American Indian (4 studies), and Asian American (2 studies), with the majority ofthe studies focusing on more than one minority group. It is important to note that four studies used thecategory “other” to aggregate data on minority groups other than African American, and five studiesemployed a general categorization of “nonwhite” for analysis. The studies reviewed targeted a variety ofsites covering diverse jurisdictions from many areas of the United States, with the largest number of thestudies from the Midwest (14). Other studies focused on the East (7 studies, many in Pennsylvania),Florida (3 studies), Washington and California (4 studies), and Arizona (1 study). Five of the studiesinvolved national databases or multiregional sites. Data collection involved a variety of sources andapproaches. Most (19) of the studies were primarily quantitative in nature, several (12) combinedquantitative and qualitative approaches, and a few (3) studies were primarily qualitative in nature.

The studies examined an array of processing points and outcomes, including arrest, detention, petition,adjudication, and disposition. Disposition (20 studies) and petition (13 studies) were the most frequentlyexamined processing points, and more than half (18) of the studies examined multiple decision points injuvenile justice processing. Several independent variables were in evidence across the studies, mostcentering on the legal and social characteristics of the youth being processed (e.g., offensecharacteristics, prior record). More than 80 percent of the studies employed multivariate analyticapproaches, most often logistic regression—an approach that facilitates an assessment of the relativeimportance of individual factors or groups of factors that may explain the outcome and the degrees towhich these factors relate to the outcome of interest.

Of the 46 studies included in the earlier DMC literature review (Pope and Feyerherm, 1990), 19 werepublished during the 1970s and 27 during the 1980s. The present review yielded 34 published studiesfrom 1989 through 2001. Four of the studies included in this review were published in an edited book.Thirty empirical studies directly relevant to DMC were published in academic journals over the 12-yearperiod, with none published during the year 2000. Taken in perspective, the number of empirical studiespublished during this time period is surprisingly small.

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Salient Findings From the Review

The majority of the studies reviewed (25 out of 34) report race effects in the processing of youth. Eightstudies reported direct or indirect effects, and 17 studies revealed mixed results (i.e., race effects werepresent at some decision points yet not present at others, or race effects were apparent for certain typesof offenders or certain offenses but not for others). Of the remaining nine studies in the present review,one found no race effects and eight reported that the effects related to DMC outcomes could not bedetermined. Effects in these latter studies were categorized as “unknown” because data were notanalyzed for DMC outcomes. However, these studies were included in this review because they wereempirical and because they can assist in identifying factors of potential importance in DMC research.2

The current review mirrors Pope and Feyerherm’s previous DMC literature review, in which themajority of studies were also found to show race effects. The results of the current review differ from theprevious DMC review in that a greater proportion of the studies showed “mixed” effects (17 out of 34 inthe current review compared with 8 out of 46 in the earlier review). Nevertheless, the preponderance ofthe research over three decades documents evidence of racial disparities, at least at some stages withinthe juvenile justice system.

Taken together, the research findings support the existence of disparities and potential biases in juvenilejustice processing. However, the causes and mechanisms of these disparities are complex. Importantcontributing factors may include inherent system bias, effects of local policies and practices, and socialconditions (such as inequality, family situation, or underemployment) that may place youth at risk.Further, overrepresentation may result from the interaction of factors. Also, the most significant factorsmay vary by jurisdiction.

The previous DMC review noted increasing sophistication in the methodologies employed byresearchers examining this issue. This pattern continued with the studies examined in the present review.More than 80 percent of the studies employed complex designs and used multivariate analytictechniques. These techniques increase the potential for identifying indirect effects, particularly forshowing interaction effects that could help identify variables that relate to race—often called surrogatevariables (e.g., family situation). This may also lead to more qualification of results. Increasing precisionand using combinations of approaches represent the main methods for identifying the causes andmechanisms leading to existing disparities.

Although the current review found increasing precision in study methodologies and more “mixedresults” in study findings, this does not mean that disproportionality has decreased. Rather, it reveals thatlocating the source(s) of disproportionality is complex. For example, a linear “cumulative disadvantage”is not in evidence (i.e., disproportionality does not increase from petition to disposition). Significantdifferences between minorities and whites may not occur at all decision points, and where a decisionpoint shows a significant difference, the legally relevant variables (e.g., prior record, current offense)that are analyzed may not be the source. Therefore, the increasing precision in study methodology leadsto a focus on other variables of potential importance and/or other sources, as well as refinement of thereasons why disproportionality occurs.

The results of the studies in this review add to the understanding that disparate outcomes may occur atany stage of juvenile processing. Although seven studies found that differences between minority and

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majority youth increased as youth were processed through decision stages, as was reported in theprevious DMC review, this review does not provide strong support about accumulation of disadvantagebecause 17 studies produced mixed results regarding race effects. This points to the need to focus onsimilarly situated offenders and questions concerning when, how, and to what degree they becomedissimilar or disadvantaged. As with the previous review, this review found few studies that examinedpolice decisionmaking. Further, there was little attention to the interaction of the effects of decisions bycorrections officials.

The current review shows that researchers are paying increasing attention to minority groups other thanAfrican Americans. The current review yielded 11 studies that examined issues related to Hispanics, 4that included American Indians, and 2 that included Asians, while the earlier review examined 6 studieson Hispanics, 1 on American Indians, and 1 on Asians. However, research concerning American Indiansand Asian Americans remained very sparse during the last 12 years. Between March 1989 and December2001, there were five studies that used the category “nonwhite” and two studies that grouped allnon-African American minorities as “other.”

This review shows that the body of knowledge concerning DMC is growing, albeit very slowly, and theresearch is increasing in complexity. It highlights the diversity present across the studies in terms ofperspectives, approaches, designs, definitions, and measures. As discussed earlier, the delivery ofjuvenile justice services varies from jurisdiction to jurisdiction—what happens in one locale is notnecessarily what happens in another. The same is true for research: Variations across methods, timeframes, and measures, among other considerations, make comparisons across the studies very difficult.This may be inevitable in the development of a body of research-based knowledge. Nevertheless, greateremphasis is needed on the state of knowledge, gaps in the knowledge base, issues regardingmethodology, and explication of meaningful policy implications. Many variables remain unmeasured.For example, there is little information on the attitudes of youth and the relationship of those attitudes tothe decisions of officials. Similarly, information on the history of drug/alcohol abuse among familymembers or guardians is not consistently recorded and is largely unavailable.

Overall, as found in the previous DMC review, the majority of studies continue to provide evidence ofrace effects, direct or indirect, at certain stages of juvenile justice processing and in certain jurisdictions.Accounting for these effects remains difficult. Data on disproportionality often are adequate foridentifying rather broad patterns, but inadequate for a precise understanding of which factors are mostimportant and how these factors operate to produce the observed results.

Guidelines for Further Research

Although there has been much progress, the research guidelines to advance DMC studies articulated inPope and Feyerherm’s 1990 review are still valid.

Unit of analysis: aggregation and disaggregation of data. The studies reveal attention by researchersto the issue of masking effects and variation through the aggregation of data. As the previous DMCreview suggested, researchers should examine data as finely as possible to avoid masking effects andvariation. It may be useful to consider disaggregation of some jurisdictions. For example, a WisconsinDMC study (Pope et. al., 1996) showed that police practices during arrest and transport of youth tosecure detention and intake officials’ and/or prosecutors’ decisions about formal/informal handling of

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youth vary among jurisdictions within Milwaukee County. In Milwaukee County, the City of MilwaukeePolice Department’s practices during arrest and transport to secure detention varied greatly from those ofthe surrounding suburban police agencies—arrest and secure detention were far more likely to occur inencounters with inner city youth. Further, officials’ decisions about referral to the juvenile court variedgreatly when considering youth from inside the city limits of Milwaukee as compared with youth fromsuburban areas within the same county. Using the county as the unit of analysis masked the extent andnature of the differences and the sources of the variation. Disaggregating the data made the differencesapparent. Researchers should continue to direct attention to this issue.

Combinations of research methods. While more studies employing combinations of methods havebeen in evidence, it is still important to emphasize the need for incorporating qualitative componentsinto research designs. It is clear that increasing precision in identifying causes and mechanisms leadingto disparities requires more qualitative research. Research relying solely on official records missesvariables of interest that may not exist in official records and limits the scope of the research largely todecision points from intake to disposition. An adequate explanation for disproportionality is not possiblewithout complementary qualitative approaches. Interviews, focus groups, town hall meetings, and/orother techniques are necessary to develop an explanation as to why officials in one jurisdiction focus onformal processing of youth while officials in another use informal alternatives to deal with similarlysituated youth.

It must be acknowledged that obtaining additional qualitative data is difficult. Lack of time andinadequate resources are important prohibiting factors. For example, observational research is very timeconsuming and labor intensive, and there may be few incidents to observe. However, as the previousDMC review emphasized, researchers need to recognize the importance of employing a combination ofapproaches.

Minority groups beyond African American. Minority groups other than African American (i.e.,Hispanic, American Indian, and Asian American) have received insufficient attention in the research.With the rapidly changing racial landscape in America, future research should include greater focus onthese other groups, while continuing to address African Americans. Researchers need to recognize theimportance of targeting these other groups, especially because these minority populations may beclustered in geographical areas that rarely have been studied. In addition, future research should strive toexamine DMC for specific minority groups rather than aggregating data based on categories such as“other” or “nonwhite.” Failure to do so may mask variations between and/or obscure specificinformation relevant to particular groups.

Attitudes, background, and social characteristics of youth. The extent to which attitudes (e.g., inpolice encounters), background, and family characteristics of minority youth may interact with race toaffect DMC outcomes remains an open question. For example, juvenile justice officials may be more“intrusive” (more severe) in making decisions about youth who have no family presence and/or who lackthe ability to pay for a community-based alternative to confinement program. This may result in a moresevere outcome for those youth at a critical stage. Similarly, it is important to advance research on theextent to which social and economic conditions may affect official decisions to formally process someyouth, thus exacerbating their disadvantage. Additional information is needed to expand the state ofknowledge in these and related areas.

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National Policy Agenda Regarding DMC Research

Consideration of the research reviewed in this report yields important implications for national DMCpolicy. The national policy agenda regarding DMC research should include the following elements.

National research strategy. Although State studies resulting from Federal initiatives exist across theNation, the present review reveals that empirical research published in professional journals has beenclustered in a few geographic areas. A national strategy for DMC research should emphasize a morecomprehensive representation of the United States and the populations of direct interest. This strategyshould encourage greater reach, at least by geographical area, type of jurisdiction, and racial groupsunder study.

Research on minorities other than African Americans. As noted earlier, minority groups other thanAfrican Americans have received far less attention in DMC research. While attention to research onAfrican American youth and DMC should not diminish, the national agenda should encourage researchon Hispanic, American Indian, and Asian American youth. This is especially important for AmericanIndian and Asian American youth. A national strategy for DMC research should emphasize funding forstudies to target the underrepresented groups. Expanding the base of knowledge should continue to be ahigh priority.

Research on law enforcement policies and practices. The research reviewed in this report reinforcesthe need to consider the relationship between police practices and DMC. Specifically, it is important toknow whether (and, if so, how) police priorities and practices systematically result in disadvantage tominority youth. For example, systematic use of formal actions (such as issuing citations for minormatters or taking the preponderance of youth encountered to a detention facility, as a matter of routine)may create a cumulative effect across a population, especially where policies and/or practices in theareas with the largest minority populations (e.g., central city areas) differ substantially from other areas.In other words, if what happens “inside the city limits” differs substantially over time from what happens“outside the city limits,” substantial disparities will result. Legitimate local priorities and/or practicesmay exacerbate community conditions that already serve to place youth at risk. Although similarlysituated youth may be dealt with consistently at various decision stages, there should be greater attentionto factors that front-load disadvantage and/or may be seen as disparity multipliers.

Promotion of local initiatives. The national DMC agenda should include and emphasize thedevelopment of local partnerships at jurisdiction/community levels. The DMC research reveals that amultitude of factors may be important in overrepresentation of minority youth in juvenile justiceprocessing and the disproportionate confinement of minority youth. Moreover, the factors orcombinations of factors that emerge as more important are highly likely to be jurisdiction or communityspecific. The literature shows the following:

� Race effects could involve a single decision stage or multiple decision stages.

� Differential effects could exist across or within groups.

� Effects may emerge for certain types of offenses and not others.

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� Where no significant effects are attributable to decisionmaking from intake through disposition,overrepresentation and DMC-related problems may be front loaded, stemming from factors suchas police policies and practices to factors such as social conditions that contribute to placingminority youth at risk and/or at an initial disadvantage.

� The extent and nature of effects and specific factors of importance may vary across jurisdictionsand communities.

� Problems of overrepresentation and/or disproportionate confinement may require changes in thelocal justice system, broader changes in the local community, or, more likely, both.

These findings all lead to the conclusion that the local jurisdiction must be the primary focus forexamining the existence of DMC, the factors contributing to DMC, and the subsequent planning andimplementing of specific strategies and actions to address overrepresentation and related DMC issues.Such local initiatives are likely to generate policies and actions tailored to local needs and relevant to thelocal context.

Research on the effects of efforts to reduce DMC. A few States and communities have made explicitefforts to reduce DMC. In addition, a number of other juvenile justice reforms have been implemented inrecent years, for example, modifications of the waiver statutes, detention reform initiatives such as thoseof the Casey Foundation, initiatives to reduce gun violence, and the implementation of other preventioninterventions and reentry efforts. What is not reflected in the literature (as represented by this review) isa systematic assessment of the impact of these efforts on the level of DMC within the affectedcommunities or a systematic effort to identify characteristics of programs that appear to reduce DMClevels.

Research on alternatives to secure confinement. Although there is research on alternatives to secureconfinement, none has addressed the direct impact of these alternatives on DMC. Moreover, a nationalDMC research strategy should emphasize the need for research on the effects of secure confinement andthe purposes to be served by secure confinement. Research on the relationship between the decisions ofcorrections officials and DMC is urgently needed. Concerning the latter, for example, there is littleinformation about whether, or in what instances, probation or aftercare violations may constitute routesto institutionalization, and whether or how the decisions and actions of corrections officials may relate todisproportionate confinement problems. Such research should be given high priority.

Long-term investment in DMC research. DMC is a complex problem that cannot be examined andremedied by a “shotgun” approach. Contributing factors need to be studied comprehensively,intervention strategies need to be multifaceted in nature and implemented and evaluated over anextended period of time, and DMC trends need to be monitored on an ongoing basis. Factors that hindersustained efforts need to be identified and overcome. For example, the five DMC pilot States thatreceived intensive Federal technical assistance from 1991 to 1994 yielded many useful lessons that haveinformed later efforts (Devine, Coolbaugh, and Jenkins, 1998). A followup study on the gains and effortsoriginally generated by the Federal initiative and the current status of DMC efforts and trends in theseStates would prove highly beneficial in promoting sustained efforts in other States and localities.

National symposium. Given the state of knowledge on DMC, national policy should encourage

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communication and collaboration to fill the information gaps and expand the knowledge base. Anational symposium attuned to research and further shaping the national research agenda could be veryuseful. Further, a series of annual or biannual symposia could allow for periodic presentation of the mostrecent research. Because of the usual review process and the restraints of the publication/disseminationprocess, there is a substantial lag time before reports of empirical research are published. Focusedsymposia could make important findings available for policy consideration in a much more timelymanner. Research bulletins could make important current information widely available, disseminatinguseful knowledge in the most expeditious way. With sufficient growth in the number of DMC journalarticles, OJJDP may then consider updating DMC literature reviews more regularly to monitor the stateof knowledge on this subject and communicate it to the field in a timely manner.

Sustained partnerships between DMC researchers and practitioners. Practitioners and researchersmust work together to ensure that researchers’ recommendations are sound, realistic, and useful topractitioners. Continuing and sustained working relationships between DMC researchers andpractitioners within each State and locality where a DMC effort is conducted are needed to track theeffectiveness of the recommendations adopted. Federal and State research agendas should strive todevelop and nourish infrastructures that will ensure such ongoing partnerships between DMCresearchers and practitioners to maximize the utility of DMC research.

Conclusion

Considering the evidence from this and the previous DMC literature review, it is clear that the issue ofrace is central to the administration of juvenile justice in this country. The majority of the empiricalstudies over the past three decades report race effects—direct, indirect, or, more often, mixed. Thenumber of studies reporting mixed results highlights the complexity of the problem.

It is clear that the state of knowledge is far from complete. More precise research-based information isneeded, as are additional efforts to identify gaps in the knowledge base, encourage targeted research tofill these gaps, conduct well-focused efforts to address DMC-related issues, and build sustainedpartnerships between DMC researchers and practitioners at both the national and the local level.

Notes

1. In this manuscript, race effect means that minority status (in this case, being African American,Hispanic, American Indian, or Asian and Pacific Islander) has an impact on what happens to youth asthey are processed through the juvenile justice system. For example, if at detention African Americanyouth are more likely to be detained than white youth given similar case histories then this would be arace effect.

2. For example, one study employed observational techniques to develop information on police, butthese data were not tied to specific decisionmaking outcomes. However, this study is important inunderstanding potential sources of disproportionality. In other words, this study informs one about policepractices and important factors that police use to make decisions, rather than analyzing data to focus ondecision outcomes.

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References

Devine, P., Coolbaugh, K., and Jenkins, S. 1998. Disproportionate Minority Confinement: LessonsLearned From Five States. Bulletin. Washington, DC: U.S. Department of Justice, Office of JusticePrograms, Office of Juvenile Justice and Delinquency Prevention.

Feyerherm, W. 1993. The Status of the States: A Review of State Materials RegardingOverrepresentation of Minority Youth in the Juvenile Justice System. Report. Washington, DC, U.S.Department of Justice, Office of Justice Programs, Office of Juvenile Justice and DelinquencyPrevention.

Hamparian, D., and Leiber, M.J. 1997. Disproportionate Confinement of Minority Youth in SecureFacilities: 1996 National Report. Report. Washington, DC: U.S. Department of Justice, Office of JusticePrograms, Office of Juvenile Justice and Delinquency Prevention.

Hsia, H.M., and Hamparian, D. 1998. Disproportionate Minority Confinement: 1997 Update. Bulletin.Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice andDelinquency Prevention.

Juszkiewicz, J. 2000. Youth Crime/Adult Time: Is Justice Served. Washington, DC: Youth Law Center.

Males, M., and Macallair, D. 2000. The Color of Justice: An Analysis of Juvenile Adult Court Transferin California. Washington, DC: Youth Law Center.

Poe-Yamagata, E., and Jones, M., 2000. And Justice for Some: Differential Treatment of Minority Youthin the Justice System. Washington, DC: Youth Law Center.

Pope, C.E., and Feyerherm, W. 1990. Minority status and juvenile justice processing. Criminal JusticeAbstracts 22(2):327–336 (part I); 22(3):527–542 (part II).

Pope, C.E., Lovell, R., Stojkovic, S., and Rose, H. 1996. Minority Overrepresentation: Phase II StudyFinal Report. Madison, WI: Wisconsin Office of Justice Assistance, Governor’s Commission onJuvenile Justice.

Snyder, H.N., and Sickmund, M. 1999. Minorities in the Juvenile Justice System. Bulletin. Washington,DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and DelinquencyPrevention.

Acknowledgments

This Bulletin was prepared by Carl Pope, Ph.D., Professor, and Rick Lovell, Ph.D., Associate Professor,Helen Bader School of Social Welfare, University of Wisconsin–Milwaukee, and Heidi Hsia, Ph.D.,DMC Coordinator in the State and Tribal Assistance Division of the Office of Juvenile Justice andDelinquency Prevention. The authors are grateful for the assistance of consultants Julius Debro, Ph.D.,Michael Leiber, Ph.D., and Research Assistant Gina Penly.

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12

This project is supported by cooperative agreement #97–JN–FX–K002 awarded by the Office ofJuvenile Justice and Delinquency Prevention, U.S. Department of Justice. Points of view or opinions inthis document are those of the authors and do not necessarily represent the official positions or policiesof the U.S. Department of Justice.

The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice Programs,which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute ofJustice, and the Office for Victims of Crime.

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13

Dis

pro

po

rtio

nat

eM

ino

rity

Co

nfi

nem

ent:

Lit

erat

ure

Rev

iew

Mat

rix,

Mar

ch19

89to

Dec

emb

er20

01

Sec

tio

nI:

Stu

die

sW

ho

seD

esig

ns

and

Res

ult

sA

reD

irec

tly

Rel

ated

toD

MC

Pro

cess

ing

Sta

ges

Stu

dy

Cit

atio

nS

tud

yS

ites

Tim

eP

erio

dD

ata

Co

llect

ion

Met

ho

ds

Rac

ialG

rou

ps

Invo

lved

Dec

isio

nm

akin

gP

oin

tsIn

vest

igat

ed

An

alyt

ical

Pro

ced

ure

sU

sed

Res

earc

hR

esu

lts

Rac

eE

ffec

ts*

Fag

an,J

.,an

dD

esch

enes

,E.P

.199

0.D

eter

min

ants

ofju

dici

alw

aive

rde

cisi

ons

for

viol

entj

uven

ileof

fend

ers.

Jour

nalo

fC

rimin

alLa

wan

dC

rimin

olog

y81

(2):

314–

347.

Juve

nile

cour

tsin

Bos

ton,

Det

roit,

New

ark,

and

Pho

enix

1981

–198

4C

ourt

reco

rds,

arre

stre

port

s,

revi

ewof

stat

utes

Sam

ple

N=

201

Non

whi

teW

aive

rF

requ

ency

/pe

rcen

tage

com

paris

on;

disc

rimin

ant

anal

ysis

Onl

yex

tens

ive

hist

ory

and

age

coul

dsi

gnifi

cant

lyde

scrib

edi

ffere

nces

betw

een

tran

sfer

red

and

nont

rans

ferr

edyo

uth.

Larg

edi

ffere

nces

intr

ansf

ercr

iteria

acro

sssi

tes.

No

John

son,

J.B

.,an

dS

ecre

t,P

.E.1

990.

Rac

ean

dju

veni

leco

urt

deci

sion

mak

ing

revi

site

d.C

rimin

alJu

stic

eP

olic

yR

evie

w4(

2):1

59–1

87.

Neb

rask

a(t

wo

cour

ts:j

uven

ilean

dco

unty

)

1982

–198

7(6

year

s)A

llre

ferr

als

toju

veni

leco

urt;

popu

latio

nN

=4,

255

to5,

510,

depe

ndin

gon

proc

essi

ngst

age

Afr

ican

Am

eric

anD

eten

tion,

petit

ion,

adju

dica

tion,

disp

ositi

on

Biv

aria

tean

alys

is;

logi

stic

regr

essi

on

Afr

ican

Am

eric

anyo

uth

rece

ive

hars

her

judg

men

tat

-D

eten

tion.

-P

etiti

on.

-P

enal

ty.

Mix

ed

Fel

d,B

.C.1

991.

Just

ice

byge

ogra

phy:

Urb

an,

subu

rban

and

rura

lva

riatio

nsin

juve

nile

just

ice

adm

inis

trat

ion.

Jour

nalo

fCrim

inal

Law

and

Crim

inol

ogy

82(1

):15

6–21

0.

Min

neso

ta(8

7co

untie

s)19

86C

ase

reco

rds

ofal

lca

ses

form

ally

petit

ione

d,M

inne

sota

Sup

rem

eC

ourt

judi

cial

info

rmat

ion

syst

em;

coun

tyce

nsus

data

N=

17,1

95

Afr

ican

Am

eric

an,

Spa

nish

/H

ispa

nic,

Am

eric

anIn

dian

Inta

kesc

reen

ing,

petit

ion,

dete

ntio

n,ad

judi

catio

n,di

spos

ition

Reg

ress

ion

Urb

an,s

ubur

ban,

and

rura

lstr

uctu

ral

feat

ures

rela

teto

subs

tant

ive

and

proc

edur

aldi

ffere

nces

.In

tera

ctiv

eef

fect

s.

Unk

now

n

Page 14: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

Stu

dy

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atio

nS

tud

yS

ites

Tim

eP

erio

dD

ata

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llect

ion

Met

ho

ds

Rac

ialG

rou

ps

Invo

lved

Dec

isio

nm

akin

gP

oin

tsIn

vest

igat

ed

An

alyt

ical

Pro

ced

ure

sU

sed

Res

earc

hR

esu

lts

Rac

eE

ffec

ts*

14

Fra

zier

,C.E

.,B

isho

p,D

.M.,

and

Hen

retta

,J.C

.19

92.T

heso

cial

cont

ext

ofra

cedi

ffere

ntia

lsin

juve

nile

just

ice

disp

ositi

ons.

The

Soc

iolo

gica

lQua

rter

ly33

(3):

447–

458.

Flo

rida

(all

32st

atis

tical

met

ropo

litan

area

coun

ties)

1979

–198

1(J

anua

ry1,

1979

thro

ugh

Dec

embe

r31

,19

81)

All

delin

quen

cyca

ses,

1980

cens

usda

ta

Afr

ican

Am

eric

anIn

take

reco

mm

enda

tion,

cour

tref

erra

l,co

urt

disp

ositi

on

Logi

stic

regr

essi

onM

ixed

:Gre

ater

perc

enta

geof

whi

tes

ina

coun

tydi

sadv

anta

ges

Afr

ican

Am

eric

ans

inju

veni

leju

stic

edi

spos

ition

s.N

odi

ffere

ntia

leffe

cts

from

othe

rm

easu

res.

Mix

ed

Sam

pson

,R.J

.,an

dLa

ub,J

.H.1

993.

Str

uctu

ralv

aria

tions

inju

veni

leco

urt

proc

essi

ng:I

nequ

ality

,th

eun

derc

lass

and

soci

alco

ntro

l.La

wan

dS

ocie

tyR

evie

w27

(2):

285–

311.

322

U.S

.co

untie

sin

21S

tate

s(c

ount

ies

with

min

imum

popu

latio

nof

6,00

0)

1985

Cas

ere

cord

s(5

38,0

00ca

ses)

inth

eN

atio

nal

Juve

nile

Cou

rtS

tatis

tics

Pro

ject

data

base

.

Bur

eau

ofC

ensu

sfil

eon

coun

typo

pula

tion

estim

ates

byag

e,se

x,an

dra

cean

dC

ount

yan

dC

ityD

ata

Boo

k.

Afr

ican

Am

eric

anP

etiti

on,d

eten

tion

(pre

disp

ositi

on),

disp

ositi

on(o

ut-o

f-ho

me

plac

emen

t)

Cor

rela

tions

,lo

gist

icre

gres

sion

Str

uctu

ralc

onte

xts

of“u

nder

clas

s.”

Pov

erty

and

raci

alin

equa

lity

(mac

rova

riabl

es)

are

sign

ifica

ntly

rela

ted

toin

crea

sed

juve

nile

just

ice

proc

essi

ngfo

rA

fric

anA

mer

ican

yout

hin

volv

edin

pers

onal

and

drug

offe

nses

.

Mix

ed

Con

ley,

D.J

.199

4.A

ddin

gco

lor

toa

blac

kan

dw

hite

pict

ure:

Usi

ngqu

alita

tive

data

toex

plai

nra

cial

disp

ropo

rtio

nalit

yin

the

juve

nile

just

ice

syst

em.

Jour

nalo

fRes

earc

hin

Crim

ean

dD

elin

quen

cy31

(2):

135–

148.

Was

hing

ton

(6co

untie

s)19

93P

artic

ipan

tob

serv

atio

n(N

=1,

777)

,170

inde

pth

inte

rvie

ws,

inte

rvie

ws

and

obse

rvat

ion

with

polic

ean

dco

urts

.

Afr

ican

Am

eric

an,

His

pani

c

Inte

rvie

ws

and

obse

rvat

ion,

polic

een

coun

ters

and

arre

sts

Tab

ular

anal

ysis

,co

nten

tan

alys

is

Min

ority

yout

hov

erre

pres

ente

d.P

olic

epr

actic

esdi

ffer

inm

inor

ityco

mm

uniti

es.

Unk

now

n

Page 15: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

Stu

dy

Cit

atio

nS

tud

yS

ites

Tim

eP

erio

dD

ata

Co

llect

ion

Met

ho

ds

Rac

ialG

rou

ps

Invo

lved

Dec

isio

nm

akin

gP

oin

tsIn

vest

igat

ed

An

alyt

ical

Pro

ced

ure

sU

sed

Res

earc

hR

esu

lts

Rac

eE

ffec

ts*

15

Leib

er,M

.J.1

994.

Aco

mpa

rison

ofju

veni

leco

urto

utco

mes

for

Nat

ive

Am

eric

ans,

Afr

ican

Am

eric

ans

and

whi

tes.

Just

ice

Qua

rter

ly11

(2):

257–

279.

Iow

a(1

dist

rict

cour

t)19

80–1

987,

1992

(Cou

rtre

cord

s:19

80–1

987;

Inte

rvie

ws:

1992

)

Sys

tem

atic

6%sa

mpl

eof

10,3

31re

ferr

als

(N=

507)

;ov

ersa

mpl

eA

mer

ican

Indi

an(N

=98

4)an

dA

fric

anA

mer

ican

(N=

475)

.Cas

ew

eigh

ting

plus

inte

rvie

ws

Afr

ican

Am

eric

an,

Am

eric

anIn

dian

Inta

ke,p

etiti

on,

initi

alap

pear

ance

,ad

judi

catio

n,di

spos

ition

Logi

stic

regr

essi

on,

corr

elat

ions

Diff

eren

tial

trea

tmen

t,di

rect

ion

for

Am

eric

anIn

dian

“mor

ele

nien

t”at

inta

ke.A

fric

anA

mer

ican

san

dA

mer

ican

Indi

ans

mor

elik

ely

tore

ceiv

epe

titio

n.A

fric

anA

mer

ican

sle

sslik

ely

topa

rtic

ipat

ein

dive

rsio

n.

Mix

ed

Wor

des,

M.,

Byn

um,

T.S

.,an

dC

orle

y,C

.J.

1994

.Loc

king

upyo

uth:

The

impa

ctof

race

onde

tent

ion

deci

sion

s.Jo

urna

lofR

esea

rch

inC

rime

and

Del

inqu

ency

31(2

):14

9–16

5.

Mic

higa

n(5

coun

ties)

1990

Cas

efil

esin

6po

lice

agen

cies

and

juve

nile

cour

t,ra

ndom

sam

ple

(str

atifi

ed,N

=2,

225)

Afr

ican

Am

eric

an,

Latin

o

Pol

ice

dete

ntio

n,co

urti

ntak

e,de

tent

ion,

prel

imin

ary

hear

ing

dete

ntio

n

Biv

aria

tean

alys

is,

logi

stic

regr

essi

on

Min

ority

yout

hm

ore

likel

yto

bede

tain

ed.

Mix

ed

Aus

tin,J

.,Le

onar

d,K

.K.,

Pop

e,C

.E.,

and

Fey

erhe

rm,W

.H.1

995.

Rac

iald

ispa

ritie

sin

the

conf

inem

ento

fjuv

enile

s:E

ffect

sof

crim

ean

dco

mm

unity

soci

alst

ruct

ure

onth

epu

nish

men

t.In

Min

oriti

esin

Juve

nile

Just

ice,

edite

dby

K.K

.Leo

nard

,C

.E.P

ope,

and

W.

Fey

erhe

rm.T

hous

and

Oak

s,C

A:S

age

Pub

licat

ions

.

Cal

iforn

ia19

89A

ggre

gate

coun

tda

taan

dca

se-b

ased

juve

nile

cour

tref

erra

land

disp

ositi

onda

ta,

“tow

nm

eetin

gs”

with

offic

ials

Latin

o,A

fric

anA

mer

ican

,A

sian

Arr

est,

refe

rral

,di

spos

ition

Sum

mar

yde

scrip

tive

min

ority

prop

ortio

nin

dex,

mul

tivar

iate

anal

ysis

ofin

carc

erat

ion

rate

s

Rac

epl

ays

atle

ast

anin

dire

ctro

lein

deci

sion

mak

ing.

Yes

Page 16: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

Stu

dy

Cit

atio

nS

tud

yS

ites

Tim

eP

erio

dD

ata

Co

llect

ion

Met

ho

ds

Rac

ialG

rou

ps

Invo

lved

Dec

isio

nm

akin

gP

oin

tsIn

vest

igat

ed

An

alyt

ical

Pro

ced

ure

sU

sed

Res

earc

hR

esu

lts

Rac

eE

ffec

ts*

16

Brid

ges,

G.S

.,C

onle

y,D

.J.,

Eng

en,R

.L.,

and

Pric

e-S

prat

len,

T.1

995.

The

role

ofra

cein

juve

nile

just

ice

inP

enns

ylva

nia.

InM

inor

ities

inJu

veni

leJu

stic

e,ed

ited

byK

.K.

Leon

ard,

C.E

.Pop

e,an

dW

.Fey

erhe

rm.

Tho

usan

dO

aks,

CA

:S

age

Pub

licat

ions

.

Was

hing

ton

1990

–199

1D

ata

onw

hite

/min

ority

conf

inem

entr

ates

(all

coun

ties)

;m

easu

res

ofco

unty

soci

alst

ruct

ure;

coun

tycr

ime

rate

s;re

ferr

alra

tes;

cour

tw

orkl

oad;

obse

rvat

ion

ofpo

lice

plus

inte

rvie

ws

ofof

ficia

lsin

6co

untie

s.

Non

whi

teC

onfin

emen

trat

esD

escr

iptiv

ein

form

atio

n,lo

gtr

ansf

orm

atio

ns,r

egre

ssio

n

Diff

eren

tial

trea

tmen

twith

alte

rnat

ive

expl

anat

ions

.

Yes

Fel

d,B

.C.1

995.

Pol

icin

gju

veni

les:

Isth

ere

bias

agai

nsty

outh

ofco

lor?

InM

inor

ities

inJu

veni

leJu

stic

e,ed

ited

byK

.K.

Leon

ard,

C.E

.Pop

e,an

dW

.Fey

erhe

rm.

Tho

usan

dO

aks,

CA

:S

age

Pub

licat

ions

.

Min

neso

ta(H

enne

pin

Cou

nty)

1986

(plu

sda

taon

prio

rsin

1984

,19

85,1

986)

Min

neso

taS

tate

judi

cial

info

rmat

ion

syst

emda

taon

1986

case

spl

uscr

eatio

nof

data

onpr

iors

1984

–198

6;19

80ce

nsus

data

Afr

ican

Am

eric

an,

othe

r(m

inor

ity)

Mul

tista

geth

roug

hdi

spos

ition

,in

clud

ing

repr

esen

tatio

nby

coun

sel

Des

crip

tive

info

rmat

ion,

regr

essi

on

Som

eev

iden

ceof

disp

ariti

esde

fined

inte

rms

ofpr

esen

tof

fens

ean

dpr

ior

reco

rd.M

arke

dly

diss

imila

rdi

spos

ition

s.

Mix

ed

Fra

zier

,C.E

.,an

dB

isho

p,D

.M.1

995.

The

DM

CIn

itiat

ive:

The

conv

erge

nce

ofpo

licy

and

rese

arch

them

es.

InM

inor

ities

inJu

veni

leJu

stic

e,ed

ited

byK

.K.

Leon

ard,

C.E

.Pop

e,an

dW

.Fey

erhe

rm.

Tho

usan

dO

aks,

CA

:S

age

Pub

licat

ions

.

Flo

rida

1985

–198

7A

llca

ses

proc

esse

dby

Flo

rida’

sju

veni

leju

stic

eag

enci

espl

usin

terv

iew

sof

31of

ficia

ls

Non

whi

teM

ultip

lest

ages

:in

take

and

dete

ntio

nde

cisi

ons

thro

ugh

disp

ositi

onal

outc

omes

Biv

aria

tean

alys

isan

dlo

gist

icre

gres

sion

;co

nten

tan

alys

isof

inte

rvie

ws

“Rac

eis

afa

ctor

inju

veni

leju

stic

epr

oces

sing

.”

Yes

Page 17: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

Stu

dy

Cit

atio

nS

tud

yS

ites

Tim

eP

erio

dD

ata

Co

llect

ion

Met

ho

ds

Rac

ialG

rou

ps

Invo

lved

Dec

isio

nm

akin

gP

oin

tsIn

vest

igat

ed

An

alyt

ical

Pro

ced

ure

sU

sed

Res

earc

hR

esu

lts

Rac

eE

ffec

ts*

17

Leib

er,M

.J.1

995.

Tow

ard

clar

ifica

tion

ofth

eco

ncep

tof"

min

ority

"st

atus

and

deci

sion

-mak

ing

inju

veni

leco

urt

proc

eedi

ngs.

Jour

nalo

fC

rime

and

Just

ice

18(1

):79

–108

.

Iow

a(4

coun

ties)

1980

–199

16,

571

case

s:3,

437

whi

te(r

ando

msa

mpl

e),2

,784

Afr

ican

Am

eric

an(d

ispr

opor

tiont

esa

mpl

e),3

50La

tino

(all

case

s)

Afr

ican

Am

eric

an,

Latin

o

Inta

ke,p

etiti

on,

cons

entd

ecre

e,ad

judi

catio

n,di

spos

ition

Logi

stic

regr

essi

onIm

port

ance

ofle

gal

fact

ors.

Yes

Leib

er,M

.J.,

and

Jam

ieso

n,K

.M.1

995.

Rac

ean

dde

cisi

onm

akin

gw

ithin

juve

nile

just

ice:

The

impo

rtan

ceof

cont

ext.

Jour

nalo

fQua

ntita

tive

Crim

inol

ogy

11(4

):36

3–38

8.

Iow

a(4

dist

rict

cour

ts)

1980

–199

1S

trat

ified

sam

ple:

whi

te=

4,23

5,A

fric

anA

mer

ican

=2,

691

Afr

ican

Am

eric

anM

acro

leve

lm

easu

res

ofin

com

ein

equa

lity,

attit

udes

ofde

cisi

onm

aker

s.

Pro

cess

ing

stag

es:

-In

take

-P

etiti

on-

Initi

alap

pear

ance

-A

djud

icat

ion

-D

ispo

sitio

n

Logi

stic

regr

essi

onA

fric

anA

mer

ican

sre

ceiv

edm

ore

serio

usre

side

ntia

lpl

acem

ents

.

Mix

ed

Leon

ard,

K.K

.,an

dS

onth

eim

er,H

.199

5.T

heso

cial

cont

exto

fju

veni

leju

stic

ead

min

istr

atio

n:R

acia

ldi

spar

ities

inan

urba

nju

veni

leco

urt.

InM

inor

ities

inJu

veni

leJu

stic

e,ed

ited

byK

.K.

Leon

ard,

C.E

.Pop

e,an

dW

.Fey

erhe

rm.

Tho

usan

dO

aks,

CA

:S

age

Pub

licat

ions

.

Pen

nsyl

vani

a(1

4co

untie

s)19

89S

trat

ified

rand

omsa

mpl

e(N

=1,

797)

Latin

o,A

fric

anA

mer

ican

Mul

tista

gein

take

thro

ugh

disp

ositi

onD

escr

iptiv

ein

form

atio

n,lo

gist

icre

gres

sion

Rac

eef

fect

sin

dica

ted

with

qual

ifica

tions

.

Mix

ed

Page 18: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

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part

,L.1

995.

The

over

repr

esen

tatio

nof

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ority

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hsin

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iforn

iaju

veni

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stic

esy

stem

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cept

ions

and

real

ities

.In

Min

oriti

esin

Juve

nile

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ice,

edite

dby

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.Leo

nard

,C.E

.P

ope,

and

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Fey

erhe

rm.T

hous

and

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s,C

A:S

age

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licat

ions

.

Wis

cons

in19

85–1

991

Cas

efil

eda

taA

mer

ican

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anIn

take

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entio

n,pe

titio

n,di

spos

ition

Bra

nchi

ngpr

obab

ilitie

sD

ispa

ritie

sat

mor

eth

anon

ede

cisi

onpo

int:

grea

test

atin

take

.

Yes

Wor

des,

M.a

ndB

ynum

,T

.S.1

995.

Ref

lect

ions

onra

ceef

fect

sin

juve

nile

just

ice.

InM

inor

ities

inJu

veni

leJu

stic

e,ed

ited

byK

.K.L

eona

rd,C

.E.

Pop

e,an

dW

.F

eyer

herm

.Tho

usan

dO

aks,

CA

:Sag

eP

ublic

atio

ns.

Mic

higa

n(9

juris

dict

ions

)19

90D

ispr

opor

tiona

lra

ndom

sam

ple

ofpo

lice

case

files

for

yout

hag

e17

and

unde

rpl

usin

terv

iew

sw

ithla

wen

forc

emen

toffi

cers

plus

obse

rvat

ion

ofla

wen

forc

emen

tac

tiviti

es

Afr

ican

Am

eric

an,

Latin

o,A

rab,

Am

eric

anIn

dian

,oth

er(m

inor

ity)

Law

enfo

rcem

ent

deci

sion

Des

crip

tive

info

rmat

ion,

logi

stic

regr

essi

on,

cont

ent

anal

ysis

ofin

terv

iew

s

Fin

ding

ssu

gges

tdi

ffere

ntia

ltre

atm

ent

inpr

oces

sing

.

Yes

(com

plex

)

Bis

hop,

D.M

.,an

dF

razi

er,C

.E.1

996.

Rac

eef

fect

sin

juve

nile

just

ice

deci

sion

-mak

ing:

Fin

ding

sin

ast

atew

ide

anal

ysis

.Crim

inal

Law

and

Crim

inol

ogy

86(2

):39

2–41

4.

Flo

rida

1985

–198

7(J

anua

ry1,

1985

,thr

ough

Dec

embe

r31

,19

87)

Qua

ntita

tive:

case

reco

rds

ofal

lyou

thre

ferr

edfo

rin

take

.

Qua

litat

ive:

inte

rvie

ws

ofju

dges

,S

tate

’sat

torn

eys,

publ

icde

fend

ers,

soci

alse

rvic

epe

rson

nel

Afr

ican

Am

eric

an,

othe

r(m

inor

ity)

Inta

kede

tent

ion,

pros

ecut

oria

lre

ferr

al,j

udic

ial

disp

ositi

on

Logi

stic

regr

essi

onIn

tera

ctiv

eef

fect

s.C

onsi

sten

tpat

tern

ofun

equa

ltr

eatm

ent.

Var

ying

pers

pect

ives

from

inte

rvie

wda

ta.

Yes

Page 19: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

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ced

ure

sU

sed

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earc

hR

esu

lts

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eE

ffec

ts*

19

San

born

,J.B

.199

6.F

acto

rspe

rcei

ved

toaf

fect

delin

quen

tdi

spos

ition

sin

juve

nile

cour

t:P

uttin

gse

nten

cing

deci

sion

into

cont

ext.

Crim

ean

dD

elin

quen

cy42

(1):

99–1

13.

Thr

eeju

veni

leco

urts

(urb

an,

subu

rban

,and

rura

l)

1992

Inte

rvie

wed

law

yers

and

prob

atio

nof

ficer

s(N

=10

0pe

sonn

el)

Afr

ican

Am

eric

anD

ispo

sitio

nP

erce

ntag

edi

ffere

nces

and

rank

ing

Exa

min

edpe

rspe

ctiv

esin

deci

sion

mak

ing.

Rac

ew

asan

effe

ctco

mbi

ned

with

othe

rfa

ctor

ssu

chas

fam

ily,s

choo

l,re

cord

,etc

.

Mix

ed

Wu,

B.,

Cer

novi

ch,S

.,an

dD

unn,

C.S

.199

7.A

sses

sing

the

effe

cts

ofra

cean

dcl

ass

onju

veni

leju

stic

epr

oces

sing

inO

hio.

Jour

nalo

fCrim

inal

Just

ice

25:2

65–2

77.

Ohi

o(1

7co

untie

s:13

subu

rban

and

4ru

ral)

1989

Ana

lysi

sof

case

reco

rds

(Sys

tem

atic

sam

ple,

N=

2,33

4)

Non

whi

teD

eten

tion,

adju

dica

tion,

disp

ositi

on

Logi

stic

regr

essi

onA

fric

anA

mer

ican

yout

hm

ore

likel

yto

bede

tain

edbu

tw

hite

yout

hm

ore

likel

yto

bead

judi

cate

d.N

oef

fect

sat

disp

ositi

on.

Mix

ed

Ber

ger,

R.,

and

Hof

fman

,H

.199

8.T

hero

leof

gend

erin

dete

ntio

ndi

spos

ition

sof

juve

nile

prob

atio

nvi

olat

ions

.Jo

urna

lofC

rime

and

Just

ice

21(1

):17

3–18

8.

Illin

ois

(juve

nile

cour

tin

one

coun

ty)

1990

–199

3S

trat

ified

sam

ple:

148

mal

es,8

9fe

mal

es

Afr

ican

Am

eric

an,

othe

r(m

inor

ity)

Det

entio

nA

naly

sis

ofva

rianc

eG

ende

rdi

spar

ityin

the

appl

icat

ion

ofde

tent

ion.

Mix

ed

Bon

d-M

aupi

n,L.

J.,a

ndM

aupi

n,J.

R.1

998.

Juve

nile

just

ice

deci

sion

-mak

ing

ina

rura

lHis

pani

cco

mm

unity

.Jou

rnal

ofC

rimin

alJu

stic

e26

(5):

373–

384.

New

Mex

ico

(tw

oru

ral

coun

ties)

1994

Inte

rvie

ws

with

prob

atio

nan

dpa

role

offic

er;a

naly

ses

ofca

sere

cord

sof

all

juve

nile

sre

ferr

ed(N

=59

1)

His

pani

c/M

exic

anA

mer

ican

Initi

alde

tent

ion,

petit

ion

filed

,de

ferr

edhe

arin

g,po

sthe

arin

gde

tent

ion,

adju

dica

tion,

disp

ositi

on

Per

cent

age

dist

ribut

ion;

logi

stic

regr

essi

on

Rac

eef

fect

atad

judi

catio

n.M

ixed

Page 20: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

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20

Brid

ges,

G.S

.,an

dS

teen

,S.1

998.

Rac

ial

disp

ariti

esin

offic

ial

asse

ssm

ents

ofju

veni

leof

fend

ers:

Attr

ibut

iona

lst

ereo

type

sas

med

iatin

gm

echa

nism

s.A

mer

ican

Soc

iolo

gica

lRev

iew

63(4

)554

–570

.

Ano

rthw

este

rnS

tate

(3co

untie

s)

1990

–199

123

3na

rrat

ive

repo

rts

writ

ten

bypr

obat

ion

offic

ers

(sub

sam

ple)

,cas

efil

es

Afr

ican

Am

eric

anD

ispo

sitio

n,se

nten

cing

,re

com

men

datio

n

Cod

ing

/sc

orin

gre

port

s,re

gres

sion

Diff

eren

tial

attr

ibut

ions

(by

prob

atio

nof

ficer

s)ab

outc

ause

sof

crim

eas

am

edia

ting

fact

orbe

twee

nra

cean

dse

nten

cing

reco

mm

enda

tions

.

Yes

DeJ

ong,

C.,

and

Jack

son,

K.C

.199

8.P

uttin

gra

cein

toco

ntex

t:R

ace,

juve

nile

just

ice

proc

essi

ng,a

ndur

bani

zatio

n.Ju

stic

eQ

uart

erly

15(3

)487

–504

.

Pen

nsyl

vani

a19

90R

ando

msa

mpl

eof

case

sre

ferr

edst

atew

ide

(N=

4,68

3)

Afr

ican

Am

eric

an,

His

pani

c,ot

her

(min

ority

)

Inta

ke,r

efer

ral,

disp

ositi

on,s

ecur

epl

acem

ent

Biv

aria

tean

alys

is,p

robi

tE

ffect

sem

bedd

edin

mul

tiple

varia

ble

rela

tions

hips

.In

dire

ctef

fect

sbe

twee

nra

ce,a

ge,

type

ofof

fens

e,an

dliv

ing

arra

ngem

ents

.

Mix

ed

Sea

lock

,M.D

.,an

dS

imps

on,S

.S.1

998.

Unr

avel

ing

bias

inar

rest

deci

sion

s:T

hero

leof

juve

nile

offe

nder

type

-scr

ipts

.Jus

tice

Qua

rter

ly15

(3):

487–

504.

Phi

lade

lphi

a,P

A19

68–1

975

Sam

ple

from

1958

birt

hco

hort

(N=

15,6

62)

Afr

ican

Am

eric

anA

rres

t/no

narr

est

Logi

stic

regr

essi

onM

ale

susp

ects

,A

fric

anA

mer

ican

susp

ects

,low

soci

oeco

nom

icst

atus

susp

ects

have

high

erch

ance

ofar

rest

.

Mix

ed

Leib

er,M

.J.,

and

Sta

irs,

J.M

.199

9.R

ace,

cont

exts

and

the

use

ofin

take

dive

rsio

n.Jo

urna

lof

Res

earc

hin

Crim

ean

dD

elin

quen

cy36

(1):

56–8

6.

Iow

a(3

dist

rict

cour

ts)

1980

–199

15,

326

case

reco

rds;

rand

onsa

mpl

eof

whi

teca

ses,

disp

ropo

rtio

nate

sam

ple

ofA

fric

anA

mer

ican

case

s

Afr

ican

Am

eric

anIn

take

,rel

ease

,in

form

alad

just

men

t,co

urtp

roce

ssin

g

Biv

aria

tean

alys

is,

logi

stic

regr

essi

on

Var

ied

byju

risdi

ctio

n.A

fric

anA

mer

ican

sdi

spar

atel

yre

com

men

ded

for

furt

her

proc

essi

ng.

Mix

ed

Fei

ler,

S.M

.,an

dS

hele

y,J.

F.1

999.

Lega

land

raci

alel

emen

tsof

publ

icw

illin

gnes

sto

tran

sfer

juve

nile

offe

nder

sto

adul

tcou

rt.J

ourn

alof

Crim

inal

Just

ice

27(1

):55

–64.

New

Orle

ans,

LAS

prin

g19

95S

urve

yda

tavi

ate

leph

one,

rand

omsa

mpl

e(N

=21

2)

Afr

ican

Am

eric

anT

rans

fer

toad

ult

cour

tC

ase

vign

ette

s(v

arie

dby

race

),lo

gist

icre

gres

sion

Rac

eef

fect

sin

tran

sfer

deci

sion

(Afr

ican

Am

eric

anyo

uth)

.

Mix

ed

Page 21: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

Stu

dy

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atio

nS

tud

yS

ites

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eP

erio

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ata

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llect

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ho

ds

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ialG

rou

ps

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lved

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isio

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akin

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ced

ure

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sed

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earc

hR

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lts

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eE

ffec

ts*

21

Hirs

chel

,J.D

.,D

ean,

C.W

.,an

dD

umon

d,D

.20

01.J

uven

ilecu

rfew

san

dra

ce:A

caut

iona

ryno

te.C

rimin

alJu

stic

eP

olic

yR

evie

w12

(3):

197–

214.

Cha

rlotte

,NC

1995

–199

8C

urfe

wvi

olat

orre

cord

s,ju

veni

lear

rest

reco

rds

Afr

ican

Am

eric

an,

whi

te,H

ispa

nic,

Asi

an

Arr

est/c

urfe

wvi

olat

ion

Des

crip

tive

anal

ysis

,fr

eque

ncie

s

Cur

few

may

have

esca

latio

nef

fect

onA

sian

and

His

pani

c.

Mix

ed

Sec

tio

nII:

Stu

die

sT

hat

Are

Rel

ated

toD

MC

Issu

esB

ut

Do

No

tF

ocu

so

nD

ecis

ion

Po

ints

and

Ou

tco

mes

Stu

dy

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atio

nS

tud

yS

ites

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eP

erio

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ata

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llect

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ho

ds

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ialG

rou

ps

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lved

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isio

nm

akin

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vest

igat

ed

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alyt

ical

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ced

ure

sU

sed

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earc

hR

esu

lts

Rac

eE

ffec

ts*

Leib

er,M

.J.,

Woo

dric

k,A

.C.,

and

Rou

debu

sh,

E.M

.199

5.R

elig

ion,

disc

rimin

ator

yat

titud

esan

dth

eor

ient

atio

nsof

juve

nile

just

ice

pers

onne

l:A

rese

arch

note

.Crim

inol

ogy

33(3

):43

1–44

7.

Iow

a(5

dist

rict

cour

tsan

dpe

rson

nelf

rom

2S

tate

trai

ning

scho

ols)

1992

–199

4S

elf-

repo

rtsu

rvey

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Page 22: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

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Page 23: Disproportionate Minority Confinement: A Review of the ...€¦ · Analysis Characteristics of the Studies Reviewed Across the studies, the minority groups of interest included African

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Bridges, G.S., and Steen, S. 1998. Racial disparities in official assessments of juvenile offenders: Attributionalstereotypes as mediating mechanisms. American Sociological Review 63(4):554–570.

Conley, D.J. 1994. Adding color to a black and white picture: Using qualitative data to explain racial disproportionalityin the juvenile justice system. Journal of Research in Crime and Delinquency 31(2)135–148.

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