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KKD 3023

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KKD 3023

KUMPULAN A
TITLE :
TUGASAN BERKUMPULAN LAPORAN ANALISIS
(BUKU DAN ARTIKEL )
PREPARED BY :
NURUL FATHIN FARHANA BT SARKAWI
(D20202096198)
MUHAMAD HAZIM BIN MUHAMAD EDDIN SYAZRI
(D20202096195)
LECTURE :
PROFESSOR DR MOHAMMAD AZIZ SHAH MOHAMED
ARIP
SUBMITTED DATE :
17 JANUARY 2022
TITLE :
RACE , CRIME , JUVENIL JUSTICE “THE ISSUE OF RACIAL
DISPARITY
CONTENTS:
NO CONTENT PAGE
1 MAJOR DISPARITIES IN THE EXTENT OF 1-2
INVOLVEMENT OF MINORITY YOUTH
2 DIFFERENT BETWEEN RACIAL AND 3-4
ETHNICITY
3 RACIAL DISPARITY IN THE JUVENIL SYSTEM “ 5
4 BEHAVIOUR BASED EXPLANATION 6
5 GROWING UP IN A CONTEXT OF RISK 7
6 POLICING AND REFERRALS TO JUVENILE 8
INTAKE UNITS
7. DECISION MAKING IN THE COURTS & 9-10
INSTITUTIONS
8. COMPOUND RISK 11-12
9. CONCLUSIONS & RECOMMENDATIONS 13
1. MAJOR DISPARITIES IN THE EXTENT OF INVOLVEMENT OF
MINORITY YOUTH

• The panel noted major disparities the extent of individual of


minority youth , particularly black youth , compared with white
youth in the juvenil system
• The existance of disproportionate racial repsesention in the juvenil
justice system raise about fundamental fairness &equality of the
treatment of the youth by the police , court, other personal
connected with the juvenil justice system .
• Happens to youth in their dealing(or lack of dealing)with juvenil
justice system may have substantial consequence for subsequent
development &prospect for the future
• In 1991 , the office of juvenil justice &deliquency prevention
created the disproportionate minority confinement intiatiave to help
state with the mandate by testing various approaches for addressing
the problem
• Reasearch &policy on race , crime and addiministration justice in
the united state are currently marked seeming conceptual
&methadological impasse (types/cause/resolution)
• Reasearch &policy on race , crime and addiministration justice in
the united state are currently marked seeming conceptual
&methadological impasse (types/cause/resolution)
• Some reseacrhers & commentators have tended to focus on
racially dispropotionate offending behaviour patterns as the
primary cause of such a disparity
1

• Whereas others said the persistence of biases among decision


makers in the justice sytem .

• the most problematic features of this behaviour versus “justice


system ‘debate has been the suggestion that these can be view as
alternative , rather than a process that feed into others .
• Both the selective inattention ignoring the poitn of the view
(development & behaviour ) which have characterized academic
2

2. DIFFERENT BETWEEN RACIAL AND ETHNICITY

• Race has been defined as “phenotypic” different in colour , hair ,


texture , &physicall attribute that have been perceived as the
surface , manifestations or makers of deeper , underlying difference
inteligence , temperamnet , sexuality & violence
• In addiction , bilogist , genetics , cultural & social anthropologist
have noted the attributes often associated with specific racial
categories are frequently in this case .
• “Racial – physical ( skin colour , behavioral & cultural
attributes”

• “ETHNICITY – recognize difference between people mostly in


languange shared cultural “

• Using the term “racial disparity”in this chapter is largely reflection


than “ethnic disparity “
• For these reasons , this chapter focused on the racial minority
group for whom we have reasonable reliable data –black . this
chapter examines involved in the juvenil justice system compared
white youth, asian youth .
3

• The briefly review th extent of racial disparity in the juvenil


justice sytem
• Introduce the concept of compound risk & illustrate how
small different in the treatment of juvenil one point in the
process may have enduring & powerful effect later on as the
youth progress or does not through juvenil justice system .
4
3. RACIAL DISPARITY IN THE JUVENIL SYSTEM
• Black youth
• Approximately 15% of the us population ages 10-17 in 1997 , they
repsented as juvenile arrest
• 30% delinquency referrals to juvenil court
• 45% of the preadjuction decision
• 33%of petitioned delinquency case
• 46%of cases of juvenil waived adult criminal
• Office of the juvenile justice & deliquency prevention , hamparian
, leiber colleagues (1997)described “the extent of disproportionate
minority confinement of the juveniles in state facilities . they
focues on decision (arrest , secure detention , confinemnet ) in
adult jail .
• Contrasting explannation of the disproportionally were raised by :
➢ the first –attributing the disparity to the behaviour of the
youth , suggest that disparity is an accurate or reasonable
reflection of the extent of involvement in deliquency
&criminal behaviour by these youth .
➢ second –because of bias among teenagers
5
4. BEHAVIOUR BASED EXPLANATION
• Three most common approaches to measuring deliquency &crime (
self –report survey , victimization surveys & official arrest ) all
these are coomon at black youth
• But racial in behaviour case are not high
• Why black youth are highest population in the crime victim is :
• “POVERTY” : minority child of black youth are poor , then the
disparity would be expected because of the poverty , they declined
of enough healthy food , education & also welfare.
6
5. GROWING UP IN A CONTEXT OF RISK
• Black youth have higher rate of infant minority than white &
hispanic youth .
• Basically white mothers were early prenatal care than black mother
are lessly likely to grow up in househoold in which one resident
parent is fully employes .
• In sum . from the early days of chilhood black juvenile have more
experience with poor health care & health conditions & poor
economic conditions & they are more likely to live segregoted (
berasingan )
• Strong predictors/researchers of the record of the violence inclued
poverty and one parent families , young maternal , physical
punishment , a bad neighborhood , and poor school achievement .
7

6. POLICING AND REFERRAL TO JUVENILE INTAKE UNITS


❖ POLICING
➢ Policing warden & myres reported that 62 % of the juvenile suspect
encountered by the police were minority is “black youth / adult”
➢ According from the reports, few of the black youth showes any
indication of alcohol or drug and few were found to have weapon
in their position

❖ REFERRAL TO JUVENILE INTAKE UNITS


➢ FRAZIER & BISHOP looked at processing at four points “intake “
( case closure versus formal processing ) ,”detention ( detention
versus release ) “court referral”( prosecutor file petition )”judical
disposition ( community treatment versus residental facilities or
transferred to criminal court )

8
7. DECISION MAKING IN THE COURTS & INSTITUTIONS
• Court officials classify youth and make judgments about character,
and these decisions influence the outcome of legal proceedings.
Since the 1960s, studies of racial bias in juvenile courts have
examined whether court officials treat minority youth more
severely than white youth.
• (Bridges and Steen 1998)
• Argue that differential perceptions of youth and their crimes may
act to “legitimate" racial disparities associated with official
assessments of a youth's dangerousness and risk of criminal
behaviour.
• Studied juvenile offenders and their probation officers' written
accounts of the decisions made about their cases by examining the
link between the offender's race and the probation officer's
assessments of the youth, their crime, the perceived likelihood of
future criminal behaviour and sentence recommendations.
• Many other scholar believe that race is a marker of social status
that influences how official evaluate the offender’s case and
character.
• EG: Circourel’s (1968) analysis of juvenile courts suggests that
minorities are more likely to be seen as disrespectful of authority
and, in particular, disrespectful of court officials due to being
perceived despite having the same crimes.
• Bridges and Steen asked is whether court officials perceived and
judged minority offenders differently from whites with similar
characteristics, Asked whether officials perceive minorities as
more likely than white youths to commit future crimes, whether
court officials perceive minorities as more threatening, then they
will be more likely to recommend greater punishment and control.
• Found huge differences in officers' attributions in causes of crime
committed by white and minority youth, for black children, crime
was attributed to negative attitude and personality defects. Among
white children, their offenses were thought to be primarily caused
by external environmental factors.
• Juvenile court judges typically follow the sentencing
recommendations of probation officers. These differences tend to
shape the probation officers' evaluation in whether to prolong
probation or help.
9
• This study also provided insight into the factors that influence
preadjudication detention such as performance in school and
family situation, the nature and severity of the cense and The
perceived ability of the family to supervise the juvenile may affect
the court's decision about whether or not to detain.
• Research must consider context-specific conceptions of race and
realize that race and minority status can act in combination with
other variables to produce differential outcomes such as pertaining
to the use of the death penalty indicates possible racial biases.
• Bridges and colleagues (1987) suggests that the bias in the juvenile
justice system may be subtle, indirect, and difficult to detect. This
makes it difficult, in turn, for policy makers justify changes in
policies to remedy the disparate treatment of youth in the juvenile
justice system
• Hawkins et al. (1998) highlighted the important connections
between race and risk when they wrote: "the social and
developmental life courses of African Americans and whites in the
United States are products of not only their specific individual
experiences but also their membership in historically distinct and
unequal social and economic groupings
• To reduce racial disparities, many jurisdications have undertaken
the imposition of sentencing guidelines race, sex, and age in order
for a fair trial.

10
8.0 COMPOUND RISK
• Compound effect can produce large differences
• The degree to which such effects can magnify disparities has been
calculated using information from the UCR (Federal Bureau of
Investigation. I 997), Snyder and Finnegan's Easy Access to FBI
Arrest Statistics 1994-1997 (1999) and Stahl et A's Juvenile Court
Statistics, 1996 (1999), Figure below shows the number in each
category and the probabilities that a juvenile will reach a point in
the juvenile justice process separately for black and white
juveniles.
• Figure below shows the probability calculation:

• The figure below focuses on the comparison on between white and


black juveniles and who’s likely to suffer from the actions.

11
• Three additional considerations should be natal in accounting for
the overrepresentation of blacks in the criminal justice system.
Which are the geographic and social marginalization of the white
underclass, laws governing drug offenses result in a much greater
likelihood of incarceration for blacks, potential consequences
associated with discriminatory treatment may affect the
development of youth from different racial and ethnic minority
backgrounds.

12
9. CONCLUSIONS & RECOMMENDATIONS
• Conclusion: The existence of disproportional racial representation
in the juvenile justice system raises concerns about differential
exposure to risks and the fairness and equal treatment of youth by
the police, courts, and other players in the juvenile justice system.
• Solution: The panel prioritize that a comprehensive, systematic,
and long-term agenda for acquiring empirical knowledge to
understand and meaningfully reduce -problems of unwarranted
racial disparity in the juvenile justice system

• Conclusion: due to the wide scope effecting research in racial bias


such as role of organization, appearance of problems in local
society. Community effect on judgement, moral standing and
traditional focus more research must be done.
• Solution: Changes are needed in data collection, monitoring, and
juvenile justice administration to address racial disproportionality
in the juvenile justice system such as developing new systematic
monitoring procedures and implementing workshops for racial
bias.

13
REFERENCE
1. Aber,J.L Brown, N Chaudry,S.M.Jones,and F.Sample , 1996 The
evaluation of the Resolving Conflict Creatively program: An overview .
American Journal of Preventing Medicine 12 (Supp .5) 82-90
2. Alber .J.L S.M Jones .J.L Brown , N Chaudry F .Samples , 1998
.Resolving conflict creatively :Evaluating the development effect school -
based violence prevention program in neighboorhood and classroom
context .Development and Psychopathology 10:187-123 .
3. Abramovitch R,M Peterson -Badali and M Rohan 1995 , Young people’s
understanding and assertion of their rights to silence and legal counsel
.Canadian Journal Of Criminology 37:1-18
4. Arnold W.R . Race and ethnicity relative to other factors in juvenil court
dipositions. American can Journal of Sociology 77 ;211-227
5. Baldus D.C.C Pulaski and G Woodworth 1983 , Comparative review of
death sentences : An empirical study of the Georgia experience . The
Journal of Criminal Law Crminology 74:661-673.

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