By Richard A. Mendel

The early stages of the youth justice process – arrest and the decision whether to formally process in court rather than divert delinquency cases – are plagued by large and consequential racial and ethnic disparities. Although available evidence suggests little difference in offending rates for most lawbreaking behaviors, Black youth were arrested 2.3 times as often as white youth nationwide in 2020, while Tribal youth were arrested 1.7 times as often as white youth. Among delinquency cases referred to juvenile court, 50% of those involving white youth were diverted, far higher than the share of cases diverted involving Black youth (39%) and Tribal youth (38%), and slightly higher than Latinx and Asian American youth (both 48%). Overwhelming research finds that disparities at arrest and court intake are driven at least partly by biased decision-making that treats white youth more favorably than comparable peers who are Black, Latinx, or Tribal. Bias in these early stages is a key factor driving the large disparities in incarceration that continue to plague youth justice systems nationwide. Expanding the use of pre-arrest and pre-court diversion, especially for youth of color, is an essential priority for reducing racial and ethnic disparities and promoting greater equity in youth justice. Fortunately, many effective strategies are available at both the state and local levels to accomplish this goal.6 This brief suggests practical steps that advocates, system leaders, and in some cases legislators can take to address disparities in diversion, including many examples where these suggested reforms are being implemented effectively. 

Issue Brief #1

Washington, DC: The Sentencing Project, 2024. 8p.