Race and Transfer: Empirical Research and Social Context (From The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Court, P 277-320, 2000, Jeffrey Fagan and Franklin E. Zimring, eds. -- See NCJ-192949)

• NCJ Number: 192957
• Author(s): M. A. Bortner; Marjorie S. Zatz; Darnell F. Hawkins
• Date Published: 2000
• Length: 44 pages
• Sale Source: University of Chicago Press
• Publication Format: Book (Hardbound)
• Publication Type: Literature Review
• Language: English
• Country: United States of America

Annotation

This chapter discusses the racial consequences of the sorting and allocation processes that characterize the transfer of juveniles from the jurisdiction of the juvenile court to the criminal court.

Abstract

After reviewing the research on transfer and race, the authors analyze several controversies and complexities within which this justice system process is embedded. This is followed by an exploration of the ways in which social-science research can more adequately assess the nature and impact of the broader cultural context on juvenile justice policies, especially the transfer of minority youths to adult courts. The authors note that the punitive nature of contemporary juvenile justice policy is evident in the transfer of youths to adult courts, and youths of color account for a disproportionate share of transfers. Most of the studies of the racial aspects of transfer have relied on official data and emphasized statistical analyses; a few have provided insights gained from ethnographic observations or interviews. The research findings vary; some reveal statistically observable effects of race and ethnicity, but others conclude that the effects are indirect or linked with offense. These wide-ranging conclusions attest both to the differences among juvenile justice systems and to the difficulties of disclosing the complexities of the entrenched, institutionalized impacts of race and ethnicity, social class, and gender. Research on transfer must extend beyond the courthouse and acknowledge the importance of social context, including the lack of resources within minority communities, the void in effective programming for minority youths, sweeping practices of defining and demonizing gang membership, race-based stereotypes of violence, the disenfranchisement of youths of color, and policies based on public fear and political ambition. An in-depth understanding of transfer policies and practices requires acknowledgement of the extent to which racial categories and racial meanings shape the assumptions, expectations, and responses of juvenile justice decision makers, politicians, and the public. Research must determine how the consequences of racial and ethnic inequities become accepted as legitimate justifications for disparate treatment and selective punishment. 128 references