Over-representation of Latino Youth in the Juvenile Justice System

Cassandra Villanueva left Partnership for Safety and Justice in late 2005 to join the National Council of La Raza (NCLR), the largest national Latino civil rights and advocacy organization in the United States. As the coordinator of NCLR’s Latino Juvenile Justice Network, she works on reducing racial and ethnic disparities in the juvenile justice system. She sat down with Justice Matters’ editor Kathleen Pequeño to talk about disparities and Latino youth.

Justice Matters (JM): Can you tell me about how many Latino/as there are in prison compared to the number of Latino/as in the community? What do we know about racial disparities and Latino youth?

Cassandra Villaneuva (CV): The truth is, no one – not even most local and state governments – have an accurate count of how many Latinos are in the system. Far too often, Latinos are severely undercounted, making them virtually invisible prisoners.

This happens because data collection at the different points in the system – such as arrest, intake, and the courts, often count Latinos as part of a race, such as “white, Black, or Other,” which is incorrect and unhelpful. When you look more closely at some of the data, it may appear that whites are the majority in one jail, when in fact they are actually one of the minorities, and Latinos are the majority.

In some places where there is accurate and good data collection, we have shockingly learned that Latinos are over-represented and often times treated more harshly that white kids, even when charged for the same crimes. For us, this is a huge red flag that needs further and closer examination, as well as reform. “Invisible prisoners” leads many to believe that there is no problem, when in fact; the problem is graver than we could have ever imagined it to be.

JM: Tell me, why do you think that’s happening, that disparity between Latino youth and white youth?

CV: There are many reasons why Latino children are treated unfairly and more harshly at the hands of the justice system than white children. It would be hard to just point to one reason, one person, or one system. Disparities thrive on a lack of fairness and culturally and linguistically appropriate practices, policies, and programs at all levels of the justice system. I’m talking about arrest all the way to detention, and most importantly, upon release.

The lack of programs are compounded when Latino youth and families do not fully understand their most basic rights, the judicial process, or have access to language interpreters. The end result is that youth and parents waive their rights based on a minimal understanding of the case. 

JM: Can you give me an example of what you mean?

CV: Sure. Let’s look at a young man we’ll call Jose Luis – as an example – who is a sophomore in high school. Jose Luis and his parents are naturalized citizens, originally from Mexico City. Both he and his parents are limited English speakers and are taking English as a Second Language courses at a local Hispanic community center. One day at high school, Jose Luis gets into his first fistfight with another student over a cell phone. Immediately the police are called to the scene, and both students are arrested and taken to the police station.

Even though Jose Luis speaks English better than his parents, he doesn’t know what is going on and his parents do not fully understand what has happened because both the police and parents face language barriers. Throughout the whole process of picking their son up from the police station, receiving court notification letters, appearing before the judge, and trying to work with their public defender, the parents will have to rely on Jose Luis, a 16-year-old, to explain the court process to them, and translate their choices and decisions.

Jose Luis is obviously not a certified translator, and doesn’t understand the legal terminology himself; yet he is expected to help his parents understand, sign waivers, and make informed decisions on their own because no language translators or legal documents are available in Spanish.

Jose is sentenced to two years of secure confinement at the juvenile detention facility 300 miles away. Upon release, Jose drops out of high school, and ends up in jail again, now as an adult. Jose’s outcome might have been different if the parents had a voice in the decision making process, but in this instance, they were locked out. For example, had his parents understood their rights, they could have advocated for their son to attend anger management sessions at the same Hispanic community center they attend for English classes.

Research has demonstrated time and time again that community-based programs are less expensive and more effective in helping troubled youth get their lives back on track. But in the end, I believe that effective communication with the parents was a prerequisite for fairness that did not occur, and in the end justice was denied.

JM: Other than cultural and language barriers, what are some of the other challenges facing the justice system in dealing with Latino youth and families?

CV: Currently, the Latino community is severely under-utilized as the first best defense for preventing and addressing crime and violence when it occurs. The Latino community has a vested interested in reducing crime, given that we are also many times the victim.

The greatest misconception about the Latino community is that we don’t care, when in fact we do; we just haven’t been invited to the decision-making table to have our voices, concerns, and recommendations acknowledged. In fact, we have a lot to say and a lot to offer in terms of expertise and commitment to preventing and addressing crime.

For example, take a look at our community: we have many Latino leaders and community-based organizations, programs, and social services all over the country.  These entities and people are the heart, leadership, and voice of the community because they are able to reach and serve individuals, families, and communities. Sadly, like many other social services, they are severely under-funded and under-recognized as valuable contributors to the strength of the entire community.

And given that these Latino-serving entities provide services that are appropriate, competent, and holistic with regard to culture and language, you can bet that they are far more effective in reaching families than any other approach – including programs which may work for white youth; but not necessarily for Latino youth who have very different needs but share the same entitlement to treatment and services.

Looking back at Jose Luis, this is a typical scenario many youth and parents face. Yet, there are so many decision makers throughout the process -- public defenders, prosecutors, judges, and parole/probation officers who could make better informed decisions that are less expensive than incarceration and more effective in preventing crime IF the Latino community was better utilized as valuable contributors and resources could be expanded to this segment of society known as Latino community-based organizations (CBOs). 

Most importantly, the relationship between the two will in fact help reduce over-representation and the unfair treatment of Latino youth by making appropriate referrals to services. We need to do this instead of keeping youth locked up longer with the excuses that “there are no Hispanic providers for treatment.” Often times, I’ve found in my research that they are out there. The Latino community is ready to be a part of the solution.

JM: What else can be done to eliminate these disparities?

CV: There is no doubt about it, everyone wants a fair and effective system. To get there, we need to recognize the developmental, cultural, linguistic, scholastic, and familial differences every child brings with him or her to the courtroom. And I also think that it is everyone’s hope that all of these factors are taken into consideration when decisions are made. However, racial and ethnic disparities go beyond all of that.

Eliminating disparities must look closer at the points in the system where it is occurring such as arrest, detention, waiver to adult court, and secure confinement. We have to look closer at practices, policies, and programs that enable disparities to exist and commit ourselves to partnership for reform.

We have to be committed to eliminating racial profiling from all the practices in the juvenile justice system from initial contact all the way through release. Until we really call attention to the scope of the problem, we can not begin to work together to solve it. Collecting accurate data on race and ethnicity makes the picture a little clearer for policy makers and the community to see where the problem exists and focus energy on finding solutions to address it.

Then, to get the programs we need to create successful outcomes for people in the system, let’s start discussion with Latino leaders and community-based organizations that continue to be the strength of the Latino community. I’m sure you will find a richness of programs and services that can prevent, intervene, and serve youth and families at-risk or currently involved with the juvenile justice system. I applaud the counties and states that are already moving in this direction and for the many others that have yet to explore this alternative trajectory, they need to know it’s not too late to make change now.

This article originally appeared in the Summer 2007 issue of Justice Matters.