2008 National Issue Briefing and Advocacy Day Urge Reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) Background In 2008, Congress will decide a very important issue affecting many Latino children and youth: whether or not to reauthorize the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA). This law provides federal standards and mandates for safeguarding the care and custody of children and youth in the juvenile and criminal justice systems. Without such protections, many Latino youth face a justice system that lacks accountability and fairness. Specifically, NCLR supports the following core requirements in the JJDPA reauthorization:
Incarceration is not the only answer. There is no need to incarcerate a child for skipping school or other “status offenses.” Often times, Latino children and youth experience disproportionate referrals to the juvenile justice system by the schools or police, resulting in incarceration when Latino community-based services and programs could have helped them stay in school and avoid having a criminal record.
An adult jail or prison is no place for a child. Under no circumstance should a child or youth be placed in an adult jail or prison. Studies indicate that children housed in adult jails and lock-ups have been found to be eight times more likely to commit suicide, two times more likely to be assaulted by staff, and 50% more likely to be attacked with a weapon than children housed in juvenile facilities.
Make the juvenile justice system accountable. Studies indicate that Latino youth receive harsher treatment, tougher sentences, and are more likely to be incarcerated than their White counterparts. Under JJDPA, states would be required to assess and address the disproportionate contact of youth of color at key points of contact in the juvenile justice system – from arrest to detention to confinement. Most importantly, the JJDPA will help ensure fairness by making system officials more accountable for reducing disproportionate minority contact through policies, practices, and programs within the juvenile justice system.
Appropriate treatment must take into account culture, language, and age. Juvenile justice systems must do everything possible to ensure that children and youth in the justice system are treated in an age, cultural, and linguistically appropriate manner. Most importantly, the juvenile justice system must provide developmentally appropriate, evidenced-based services and supports. Under the JJDPA, justice systems must ensure that system responses are appropriate to a young person’s age and stage of development, as well as cultural and linguistic needs.
For more information, visit www.act4jj.org and NCLR’s website at www.nclr.org. Contact NCLR Latino Juvenile Justice Network Coordinator Cassandra Villanueva Office: (202) 776-1810 Email: cvillanueva@nclr.org
2008 National Issue Briefing and Advocacy Day NCLR Position The National Council of La Raza (NCLR) supports reauthorization of the JJDPA as a step in the right direction to ensure that racial and ethnic disparities are reduced and communities are safer. Further, NCLR believes in using the strength and effectiveness of rehabilitative services to address the root causes of crime and ensure stronger communities and improved outcomes for children and youth involved with the justice system. In addition, NCLR supports:
Ensuring adequate data collection and reporting of Latino children in every stage of the justice system. Developing, modifying, and/or implementing culturally and linguistically competent policies, practices, and programs. Keeping children and youth under age 18 within juvenile court jurisdiction. Supporting community-based alternatives to incarceration for low-level, nonviolent offenders, including status offenses such as truancy and curfew violations.
Why This Is Important Without the four core protections outlined in the JJDPA, Latino youth will not be treated fairly by the justice system. Latino youth are disproportionately represented and subject to disparate treatment in all stages of the juvenile justice system. Reauthorizing the JJDPA will hold systems accountable in addressing this issue by ensuring appropriate and equitable treatment that takes into account the cultural and linguistic needs of Latino youth. Community safety and crime reduction can be effectively addressed and maintained by Latino-serving community-based organizations (CBOs). Currently, hundreds of CBOs throughout the country are already providing prevention, intervention, and aftercare services for Latino youth. However, critical recognition of their existence is still lacking within the justice system, resulting in the neglect of access for rehabilitative services when Latino youth are placed in the justice system. This problem is further compounded when Latino-serving CBOs are under-funded at both the federal and local levels. Under the JJDPA, these organizations can be recognized and funded to enhance, expand, and ultimately reach systeminvolved youth. Research shows that these programs can be more effective by providing appropriate services that are community-based and culturally and linguistically appropriate.
Due to improper and insufficient data collection, Hispanic children and youth are severely undercounted and invisible in the juvenile justice system. All children deserve fair and equitable treatment. Unless Hispanic children are adequately counted and recognized in the justice system, their rehabilitation needs will go unmet. Under JJDPA, states will receive the technical assistance and tools necessary to ensure a more effective juvenile justice system that is responsive to the needs of children, as well as an overall reduction in the overreliance on incarceration as a one-size-fits-all approach to building safer communities.
For more information, visit www.act4jj.org and NCLR’s website at www.nclr.org. Contact NCLR Latino Juvenile Justice Network Coordinator Cassandra Villanueva Office: (202) 776-1810 Email: cvillanueva@nclr.org