Disproportionate Minority Contact

The Colorado Commission on Criminal and Juvenile Justice, with direction from Colorado House Bill 2008-1119, addresses the issue of racial and ethnic disparities in the adult and juvenile justice systems by conducting studies of the policies and practices in Colorado. The statute mandated the Commission to pursue the goal of reducing disparity and reviewing work and resources compiled by states in the area of disparity reduction. These concerns framed all the work done by the Commission and its committees.

The CCJJ activated the Minority Over-Representation Subcommittee to study specific issues to advance the continuing efforts by the Commission regarding issues of minority over-representation and disproportionate minority contact in the criminal and juvenile justice systems.

This Disproportionate Minority Contact page reflects some of the previous work of the Commission. Additional data and information on minority over-representation among juveniles may be found on the Racial and Ethnic Disparity page compiled by the DCJ: Office of Research and Statistics. The mandates pursuant to Senate Bill 2015-185 (The Community Law Enforcement Action Reporting Act, known as the CLEAR Act) requires the Office of Research and Statistics to compile data on race and ethnicity at criminal justice decision points among juveniles and adults statewide and by judicial district, which may be found at "ORS: Dashboard-Racial and Ethnic Disparity".

DEFINITIONS

Minority
According to the Juvenile Justice and Delinquency Prevention Act of (2002), "minority populations" are defined as American Indian, Alaskan Native, Asian, Black or African American, Hispanic or Latino and Native Hawaiian or other Pacific Islander.

DMC: Disproportionate Minority Contact
The size of the minority population at various points in the juvenile justice system that is disproportionate to that groups portion of the general population. Includes any contact from arrest to confinement and all the decision points in between.

MOR: Minority Over-Representation
Over-representation of minority youth in the juvenile justice system relative to the proportion of the minority youth in the general population.

Relative Rate Index Method
A calculation method, chosen by the Office of Juvenile Justice and Delinquency Prevention, to identify where disproportionate minority contact may exist in the juvenile justice system. The relative rate index (RRI)represents the relative volume of minority juveniles to the volume of majority juveniles (adjusted by population) at stages in the juvenile justice system. For additional background on the calculation method, see this excerpt from a technical assistance manual developed by the NTTAC of the OJJDP.

RRI formula

What the RRI Indicates

The Relative Rate Index compares the relative rate of activity at each major stage of the juvenile justice system of minority youth to that of white youth.
The involvement rate is adjusted by population totals. In other words, the subgroups are equated by determining how many individuals per 1000 would be involved at that point in the system. This adjustment allows group members with disparate representation in the total population to be compared directly. If all groups were exactly the same size in the total population, the adjustment would not be necessary.
The RRI can be calculated at each decision point in the criminal justice system. The calculation at any particular point must reference the group sizes at the previous decision point. For example, an RRI reported at the decision point when charges are filed would be based on the totals of the groups at the previous step, for example, the arrest decision point.
The RRI provides a single index number that indicates the extent to which the rate of that activity differs for minority and white youth.
- A rate of 1.0 means that members of the two groups are involved at the same rate at that point in the system.
  For example, if the RRI=1.0 then the relative rate of, for example, arrests comparing a minority group to the white group would indicate that one minority group member is arrested for every one arrest of a white member.
- A rate above 1.0 means that that minority group members are more involved than white members at that point in the system.
  For example, if the RRI=2.0 then the relative rate of, for example, arrests comparing a minority group to the white group would indicate that two minority group members are arrested for every one arrest of a white member.
- A rate below 1.0 means that minority group members are less involved than white members at that point in the system.
  For example, if the RRI=0.50 then the relative rate of, for example, arrests comparing a minority group to the white group would indicate that one minority group member is arrested for every two white members.

DRIVING FACTORS

Research has identified a variety of driving factors that contribute to the existence of disproportionate minority contact of minority youth with the criminal justice system. Below are several factors and the research related to the factor (The full reference for each of the research citations is appended at the end of this section).

System bias

Minority youth are more likely to be arrested and detained in a secure facility (Snyder & Sickmund, 1999; Hsia, Bridges, & McHale, 2004).
Detention for the purpose of accessing services (Cahn, 2006; Kempf-Leonard, 2007).

Socioeconomic status and family structure
(Winters, Dean, Hirschel, & Brame, 1996; Devine, Coolbaugh & Jenkins, 1998)

Inner city residence
Broken families/Single parent households
Welfare income/Low socioeconomic status
Lack of parental supervision due to parents work schedule (prevents supervision which may look bad to the court, increasing the likelihood of confinement.
Criminality in the family

Lack of adequate resources
(Devine, Coolbaugh & Jenkins, 1998)

Lack of adequate diversion programs for minority juveniles
Lack of culturally appropriate juvenile services
Lack of cultural understanding within juvenile justice system

Educational system failures
(Devine, Coolbaugh & Jenkins, 1998; Mata, 1997)

Inadequate early childhood education
Inadequate programs to prevent early dropouts
Lack of appropriate cultural education
Increased minority truancy, suspensions, and expulsions

Community risk factors

Juveniles who live in high risk communities are more likely to be involved in and arrested for criminal activities (Kakar, 2006).

Over-involvement in crime

Disproportionate involvement of minority youth in serious and violent crime (Conley, 1994).

REFERENCES

Conley, D.J., (1994). Adding color to a Black and White picture: Using qualitative data to explain racial disproportionality in the juvenile justice system. Journal of Research in Crime and Delinquency, 31 (2), 135-148.

Devine, P., Coolbaugh, K., & Jenkins, S. (1998). Disproportionate minority confinement: Lessons learned from five states (Juvenile Justice Bulletin, NCJ 173420). Washington, D.C.: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention.

Mata, J. (1997). Overrepresentation of Hispanic/Latino youth. Washington, D.C.: Coalition for Juvenile Offenders.

Kakar, S. (2006). Understanding the causes of disproportionate minority contact: Results of focus group discussions. Journal of Criminal Justice, 34, 369-381.

Winters, O., Dean, C., Hirschel, D., & Brame, B. (1996). Developing a model program response to the problem of overrepresentation of minorities in the juvenile justice system of the four states. Charlotte: University of North Carolina.

Snyder, H.N., & Sickmund, M. (1999). Minorities in the juvenile justice system. Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.

Hsia, H.M., Bridges, G.S., & McHale, R. (2004). Disproportionate minority confinement 2002 update. Washington, D.C.: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention.

Cahn,E. (2006). How the juvenile justice system reduces life options for minority youth. Washington, D.D.: The Joint Center Health Policy Institute.

Kempf-Leonard, K. (2007). Minority youths and juvenile justice: Disproportionate minority contact after nearly 20 years of reform efforts. Youth Violence and Juvenile Justice, 5, 71-87.

JUVENILE DMC: COLORADO DASHBOARDS

DMC (disproportionate minority contact) is described in the sections above (See also, DCJ: Disproportionate Minority Contact.)

ADULTS AND JUVENILES IN CRIMINAL JUSTICE: RACE & ETHNICITY

The mandates pursuant to Senate Bill 2015-185 (The Community Law Enforcement Action Reporting Act ...CLEAR Act) requires the Office of Research and Statistics to compile data on race and ethnicity at criminal justice decision points among juveniles and adults, which may be found at "Racial and Ethnic Disparity". The interactive dashboards allow the user to view statewide data and data separated by judicial district.

DMC / MOR RESOURCES

"Addressing racial disparity in the criminal justice system is entirely consistent with a commitment to public safety and to a fair system of justice. If unwarranted racial disparities can be reduced, the justice system will gain credibility and serve a more effective role in preventing and responding to crime."
https://cdpsdocs.state.co.us/ccjj/Resources/DMC/2020_Reducing-Racial-Disparity-Manual_TSP.pdf

Organization	Description & Link(s)
The Brennan Center	Reducing Racial and Ethnic Disparities in Jails: Recommendations for Local Practice For criminal justice planning committees and interdisciplinary teams addressing disproportionate minority impact, the Brennan Center (at the New York University School of Law) offers a report with guidance on strategies to reduce disparities in local jurisdictions: Site: https://www.brennancenter.org/publication/reducing-racial-and-ethnic-disparities-jails-recommendations-local-practice/ Report: "Reducing Racial and Ethnic Disparities in Jails: Recommendations for Local Practice" (2015)
Stanford Open Policing Project	New database allows Stanford researchers to find disparities in officers' treatment of minority motorists. (Tom Abate,Stanford News, June 19, 2017) Overview: https://news.stanford.edu/2017/06/19/database-reveals-disparities-officers-treatment-minority-motorists/ Website: https://openpolicing.stanford.edu/
The Sentencing Project	Racial Disparities in Youth Commitments and Arrests
CO Division of Criminal Justice: Office of Research & Statistics	Minority Over-Representation in the Criminal Justice System (2010)
		A literature review of MOR research (Appendix D from the October 2010 CCJJ report). https://cdpsdocs.state.co.us/ccjj/Resources/Report/2010-10_CCJJAnnRpt-AppD.pdf

	Crime and Justice in Colorado: 2008-1010
		A comprehensive, but non-technical, presentation of data and information on the criminal (adult) and juvenile justice systems in Colorado. https://www.colorado.gov/ccjjdir/ORS2/pdf/docs/CJ08-10.pdf

Colorado Department of Corrections	Minority Overrepresentation in Colorado's Criminal Justice System: An Interagency Report to the Colorado Commission on Criminal and Juvenile Justice (2010)
Colorado Department of Corrections		A report that compiles a variety of information and data on the general topic of minority over-representation (MOR), MOR in Colorado, and evidence-based suggestions and recommendations to reduce MOR. https://cdpsdocs.state.co.us/ccjj/Resources/DMC/MOR_CDOC-OPA_2010.pdf

Office of Juvenile Justice and Delinquency Prevention	National Disproportionate Minority Contact Databook
		The DMC "...Databook is designed to give users an understanding of the Relative Rate Index (RRI) and an assessment of the levels of disproportionate minority contact at various stages of juvenile justice system processing at the national level." https://ojjdp.gov/ojstatbb/dmcdb/
	The OJJDP Evidenced-based Programs
		"The Office of Juvenile Justice and Delinquency Prevention (OJJDP) encourages the use of evidence-based programs and practices. Evidence-based programs and practices generally have one or more rigorous outcome evaluations that demonstrated effectiveness by measuring the relationship between the program and its intended outcome (s). This includes measuring the direction and size of a change in outcome and the extent to which a change may be attributed to the activity or intervention. The methodology of the evaluation should rule out, to the extent possible, alternative explanations for the documented change." https://ojjdp.ojp.gov/evidence-based-programs
	DMC Technical Assistance Manual (2009)
		"This online manual provides detailed guidance on DMC identification and monitoring, assessment, intervention, and evaluation." https://www.ojjdp.gov/dmc/tools.html The full version of the manual may be found here... https://www.ojjdp.gov/compliance/dmc_ta_manual.pdf
	Fact Sheet: In Focus - Disproportionate Minority Contact (2012)
		An OJJDP brief fact sheet on disproportionate minority contact. https://www.ojjdp.gov/pubs/239457.pdf
	Disproportionate Minority Contact in the Juvenile Justice System: A Study of Differential Minority Arrest/Referral to Court in Three Cities (2007)
		"This report uses information from three community studies of delinquency to examine disproportionate minority contact (DMC) and factors that might affect DMC at the police contact/court referral level." https://www.ncjrs.gov/pdffiles1/ojjdp/grants/219743.pdf See additional resources on the OJJDP Causes and Correlates of Delinquency Program: https://www.ojjdp.gov/programs/ProgSummary.asp?pi=19

Evident Change (formerly The National Council on Crime and Delinquency)	Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System(2009)
		"NCCD uses federal and state data to catalog racial and ethnic disparities at each stage of the justice system, including arrest, court processing, jails and prisons, probation and parole, and the death penalty. " https://cdpsdocs.state.co.us/ccjj/Resources/DMC/2009_CreatedEqual.pdf (See also, Evident Change)

The Sentencing Project	The Changing Racial Dynamics of Women's Incarceration (2013)
		"This report first describes trends in incarceration for the first decade of the century, and contrasts this with patterns of the previous decade. We then assess the extent of change in the race and gender dynamics of incarceration over the past decade, and suggest factors which may be contributing to these trends." https://www.sentencingproject.org/publications/the-changing-racial-dynamics-of-womens-incarceration/ https://www.sentencingproject.org/
	Racial Disparities in Youth Commitments and Arrests (2016)
		"Youth of color remain far more likely to be committed than white youth. Between 2003 and 2013, the racial gap between black and white youth in secure commitment increased by 15%." Racial Disparities in Youth Commitments and Arrests
	Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers (2020)
		"Addressing racial disparity in the criminal justice system is entirely consistent with a commitment to public safety and to a fair system of justice. If unwarranted racial disparities can be reduced, the justice system will gain credibility and serve a more effective role in preventing and responding to crime." Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers (2020)

Burns Institute	The Burns Institute for Juvenile Justice Fairness and Equity
		"The W. Haywood Burns Institute (BI) is a San Francisco-based national nonprofit. It is a leading organization in the field of juvenile justice and ethnic and racial disparities reduction, which helps to protect and improve the lives of youth of color and poor youth by promoting and ensuring fairness and equity in youth-serving systems across the country." https://www.burnsinstitute.org/
	Burns Institute: State by State Profiles: Colorado
		https://usdata.burnsinstitute.org/decision-points/6/colorado

American Civil Liberties Union	ACLU: Race and Criminal Justice
		General information on laws, policies, and practices regarding racial disparities in the criminal justice system. https://www.aclu.org/issues/racial-justice/race-and-criminal-justice

Child Welfare League of America	Disproportionality
		Addresses issues around "[c]hildren of color, belonging to various cultural, ethnic, and racial communities...[who] are disproportionately represented in the child welfare system and frequently experience disparate and inequitable service provision." https://www.cwla.org/our-work/advocacy/race-culture-identity/disproportionality/

National Association of Criminal Defense Lawyers	Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System (2013)
(plus 6 other criminal justice and legal organizations)		"A critically important and inclusive examination of the profound racial and ethnic disparities in America's criminal justice system, and concrete ways to overcome them. This conference report prepared by Consultant Tanya E. Coke is based upon a multi-day, open and frank discussion among a distinguished group of criminal justice experts - prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates." (nacdl.org/reports/eliminatedisparity/) Report: https://cdpsdocs.state.co.us/ccjj/Resources/DMC/2013_RacialDisparityRep-NACDL.pdf

CAREERS AND INTERNSHIPS

APPA Career Center

Managed by the American Probation and Parole Association (APPA), the Career Center is "committed to bringing you the best job opportunities in the industry, as well as resources to help prepare you for working in the field..."

CriminalJusticeUSA.com

"At Criminal Justice USA we recognize that while launching a career in criminal justice may start with a dream becoming a successful criminal justice professional requires much more than just a dream. Our mission as Criminal Justice USA is to help aspiring criminal justice students and professionals to find the information and resources required to prepare for and ultimately obtain the criminal justice career of your dreams.

"CriminalJusticeUSA.com is a complete free, non-commercial information site that provides relevant and accurate information on criminal justice careers and criminal justice training. So why put off your dreams any longer? Let CriminalJusticeUSA.com put you in drivers seat!" (See also, PublicServiceCareers.org)

NALP.org

"The National Association for Legal Career Professionals is a nonprofit educational association established to meet the needs of all participants in the legal employment process (career planning, recruitment and hiring, and professional development of law students and lawyers) for information, coordination and standards. NALP is dedicated to continuously improving career counseling and planning, recruitment and retention, and the professional development of law students, lawyers, and its members."
This site provides information on job opportunities as well as other useful information.
(See also, How to Become a Lawyer)

REFERENCES

Organization

Description & Link(s)