WHAT IS THE RATE OF JUVENILE DELINQUENCY IN FLORIDA AND WHAT HAPPENS TO YOUTH INVOLVED WITH THE JUVENILE JUSTICE SYSTEM? Over 1.6 Million Youth in the US were Referred to Juvenile Courts in 2008. Black Juveniles are Very Much Overrepresented Among Them. In 2008, there were over 1.6 million youth whose cases were disposed in juvenile courts across the country. Black youth were highly overrepresented in the country's juvenile courts when considering that Black youth comprised 34% of those cases disposed and yet, they only constituted 16% of the population at risk or all youth aged 10 to 17. i The following chart captures the relative rates of cases processed in the US juvenile justice system in 2008 among the different racial/ethnic groups.ii Definitions used for the racial groups in the national juvenile court statistics are as follows: White - A person having origins in any of the original peoples of Europe, North Africa, or the Middle East. (In both the population and court data, nearly all Hispanics were included in the white racial category.) Black - A person having origins in any of the black racial groups of Africa. American Indian - A person having origins in any of the indigenous peoples of North America, including Alaskan Natives. Asian/NHPI - A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, Hawaii, or any of the other Pacific Islands. It is easy to see from the pattern illustrated in the chart and the numbers reported therein that for the most part, juvenile courts released a large number of youth referred, and also placed many on probation or required some kind of community service or restitution (i.e. "other" category). The graph also shows the comparatively high proportion of Black youth represented among each disposition where with the exception of probation, they were over twice their distribution in the total population of 10 to 17 year olds (i.e. 16%), reaching a high of 42% of those waived to adult court and 39% of those placed in residential facilities. Types of Dispositions Received by Youth Referred to Juvenile Courts in the US 2008, Percent Black Indicatediii 400,000 350,000 300,000 250,000 38% 200,000 29% 33% 150,000 100,000 50,000 0 White Black 39% American Indian 42% Asian/NHPI Waived Placed Probation Released Other White 4,854 91,012 376,040 316,375 255,301 Black 3,730 61,509 162,963 206,789 128,504 American Indian 245 3,150 8,528 6,720 4,869 Asian/NHPI 68 2,023 8,773 6,915 4,969 In 2008, Black Youth Were at Least Two Times More Likely than Whites to be Arrested, Referred to Court, Adjudicated, Placed on Probation or in a Residential Facility, and Waived to Adult Courts in the US. The previous graph showed that Black youth were handled by the nation's juvenile court at rates much greater than their representation in the population of youth aged 10 to 17 years. The data in the following chart more clearly demonstrates the remarkable differences in the involvement of Black youth in our country's juvenile justice system compared to their counterparts in other racial/ethnic groups in 2008. Calculations are made to determine the relative rates of involvement of the various racial/ethnic groups in the juvenile justice system. For instance the table shows that a Black juvenile was twice as likely to be arrested as a White youth or a youth in the total population (i.e. 105.67 per 1,000 Blacks were arrested as compared to rates of 48.86 and 56.69 per 1,000 among Whites and the total youth population). Similarly, the rate of referral of Black youth to juvenile court, adjudication, probation, residential placement and waiver to adult courts was at least twice as high as all other racial/ethnic groups. Black youth were also diverted from the juvenile justice system at a rate almost twice as high as other youth. These differences do not necessarily indicate that Black youth were treated more unfairly in the juvenile justice system than others, nor does it imply that Black youth were more prone to delinquent behavior. Many other factors must be examined to discern why there were such disparities. Relative Rates of Involvement with the US Juvenile Justice System by Race/Ethnicity 2008iv Total Population 10 - 17 Percent Juvenile Arrest Rate/1,000 Juvenile Court Referral Rate/1,000 Rate of Diversion/1,000 Rate of Adjudication/1,000 Rate of Probation/1,000 Rate of Residential Placement/1,000 Waiver to Adult Court Rate/10,000 White American Indian or Alaska Native Black Asian, Hawaiian or Pacific Islander 25,521,300 5,437,700 455,700 1,549,000 0.77 0.16 0.01 0.05 56.69 48.86 105.67 48.06 16.27 50.16 40.89 103.63 51.57 14.65 12.84 11.63 21.31 10.97 3.68 17.11 13.75 35.84 22.16 5.16 9.80 8.19 18.96 12.51 3.36 4.78 3.57 11.31 7.02 1.29 2.70 1.92 6.80 4.39 0.65 32,963,700 The Arrest Rate of Juveniles Has Declined in Florida The rate of juveniles arrested in Florida for both Index or serious crime (i.e. Murder, Forcible Sex Offenses, Robbery, Aggravated Assault, Burglary, Larceny and Motor Vehicle Theft) and Part II crimes (i.e. Manslaughter, Kidnap/Abduction, Arson, Simple Assault, Drug Arrests, Bribery, Embezzlement, Fraud, Counterfeit/Forgery, Extortion/Blackmail, Intimidation, prostitution/Commercialized Sex, Non-Forcible Sex Offenses, Stolen Property Buy/Receive/Possess, Driving Under the Influence, Destruction/Damage/Vandalism, Gambling, Weapons Violations, and Miscellaneous) has declined substantially between 2006 and 2010 as illustrated in the following graph, particularly Part II crimes. There has been a 14.4% and 22.8% reduction in Index crimes and Part II crimes respectively between 2006 and 2010. The graph also shows that Part II arrests of juveniles have steadily declined over the five year period. However, arrests for Index crimes climbed to a high point in 2008 and then dropped by almost 22% by 2010. Arrest Rate of Juveniles in Florida - Five Year Trendv 45.00 42.09 40.21 40.00 38.67 35.31 35.00 32.71 Rate per 1,000 30.00 25.00 21.59 22.49 23.64 21.30 Index Crimes 18.48 20.00 Part II Crimes 15.00 10.00 5.00 0.00 2006 2007 2008 2009 2010 The following graph illustrates the trend in juvenile court dispositions in Florida over the past five years. Mirroring the downward trend in the arrest rate of juveniles, the numbers of juvenile cases disposed by juvenile courts in Florida also has declined substantially. The number of youth who were given dispositions in juvenile courts declined by 44.2% between 2006 and 2011. It is important to note that the proportion of youth who were diverted among all juveniles disposed by juvenile courts in Florida actually increased, whereas the utilization of the other dispositional outcomes remained fairly static. An examination of the patterns in dispositions between 2006 and 2011 reveals the following: diversion - 38% to 46% of all dispositions probation - 29.7% to 24.1% of all dispositions residential commitments - 7.5% to 7.8% of all dispositions waived to adult courts - 3.9% to 3.5% of all dispositions The Number of Juvenile Court Dispositions in Florida by Type 2006 - 2011vi 100,000 90,000 80,000 Total Dispositions 70,000 60,252 60,000 Judicially Handled Diverted 50,000 Probation 40,000 Residential Commitments 30,000 27,775 25,134 Waived 20,000 14,561 4,722 2,110 10,000 0 2006 - 07 2007 - 08 2008 - 09 2009 - 10 2010 - 11 Similar to Findings About the Relative Rates of Involvement in the Juvenile Justice System Among Racial/Ethnic Groups Nationally, Black Youth Had Significantly Higher Rates than All Other Youth in Florida During 2010 - 11 An analysis of the types of juvenile court dispositions given to Florida's youth relative to their race and ethnicity is important to consider, particularly in light of the disparities noted nationally in 2008, as well as indicated in work undertaken on disproportionate minority contacts by the Florida Department of Juvenile Justice.vii Similar to the analysis of the relative rates of involvement in the US justice system, the following Black youth were a little more than two times as likely as to be referred to the Department of Juvenile Justice in 2010 - 11 than youth in all the other categories. table shows very similar patterns existed in Florida during 2010 - 2011. Black youth were a little more than two times as likely as to be referred to the Department of Juvenile Justice in 2010 11 than youth in all the other categories. The rate of serious crime committed by Black youth was higher than other youth as indicated by the fact that 33 out of every 1,000 Black youth committed Index crimes as compared to an overall rate that was half as high (16 per 1,000) and almost three times higher than the rates among White youth (12.11 per 1,000) and Hispanic youth (10.42 per 1,000). Black youth in Florida were also twice as likely to be placed on probation and over four times more likely to be waived to adult court than their White and Hispanic counterparts. This pattern is apparent even when the rates for both White and Hispanic youth are combined. The table also shows that Black youth in Florida were also twice as likely to be placed on probation and over four times more likely to be waived to adult court than their White and Hispanic counterparts. This pattern is apparent even when the rates for both White and Hispanic youth are combined. Finally, as was the case with national data in 2008, Black youth are more likely than other youth to be diverted from the juvenile justice system. Again, as mentioned with the national findings, caution should be used when interpreting these results without further study as they do not necessarily imply that Black youth are more delinquent or that they are treated unfairly by law enforcement or juvenile court judges. Relative Rates of Involvement in Florida's Juvenile Justice System by Race/Ethnicity 2010 - 11viii population 10 - 17 percent Rate of DJJ Referrals/1,000 Rate of Index Crimes/1,000 Rate of Diversion/1,000 Rate of Probation/1,000 Rate of Residential Commitment/1000 Rate of Waiver to Adult Court/10,000 35.70 16.41 14.81 7.77 White Youth 974,931 52% 28.60 12.11 12.79 6.20 Black Youth` 393,722 21% 65.68 33.28 23.72 15.25 Hispanic Youth 449,968 24% 24.11 10.42 11.08 4.50 Other 56,246 3% 41.62 20.80 17.33 8.66 White + Hispanic 1,424,899 76% 27.18 11.58 12.25 5.66 2.52 1.75 5.99 1.12 2.67 1.55 11.25 6.13 28.90 6.38 15.47 6.21 Total 1,874,867 The following two graphs include data on the racial/ethnic distribution of youth referred to the Department of Juvenile Justice and focus upon the pattern of offenses, specifically index crime and the crimes included in that category, committed by these youth. Youth Referred to Florida's Department of Juvenile Justice by Race/Ethnicity and Type of Crime in 2010 - 11ix 27,885 30,000 25,861 25,000 20,000 Black 15,000 13,104 10,847 White 11,808 Hispanic 10,000 Other 4,690 5,000 2,341 1,170 0 Total DJJ Referrals Index Crimes (i.e. serious crime) Racial/Ethnic Distribution By Type of Index Crime Among Youth Referred to the Florida Department of Juvenile Justice in 2010 - 11x 70 P e r c e n t 60 50 40 Black 30 White 20 Hispanic Other 10 0 The number of youth committed to residential facilities in Florida has declined significantly over the past five years with an overall reduction of 33% (i.e. 7,078 to 4,722). The graph also shows that in each of the five years, the proportion of residential commitments who were Black was very high compared to the proportion of Black youth in the population of juveniles aged 10 to 17, hovering around 50% of the total. In contrast, the proportion of residential commitments who were White or Hispanic were lower and remained about the same each year as well, with White and Hispanic youth making up about 35% and 10% respectively. Residential Commitments to the Florida Department of Juvenile Justice Five Year Trend by Race and Ethnicity (% Black is Indicated)xi 8,000 7,000 6,000 5,000 4,000 50.7% 51.6% 50.7% 50% 3,000 Black 49.5% 2,000 White 1,000 Other - 2006 - 07 2007 - 08 2008 - 09 2009 - 10 2010 - 11 Black 3,589 3,386 3,226 2,723 2,360 White 2,556 2,311 2,253 1,927 1,709 Other 179 197 193 203 150 Hispanic 754 674 685 589 503 7,078 6,568 6,357 5,442 4,722 Total Hispanic Total One very serious potential consequence for youth referred to juvenile court is the decision to transfer or waive the juvenile to stand trial in an adult court. Such transfers are not common and the trend over the past several years in Florida and nationally reflects a reduction in occurrence. Over the five year period of 2006 Over the five year period of 2006 through 2011, the through 2011, the number of number of juveniles waived to adult courts dropped juveniles waived to adult courts 41% (i.e.3,579 to 2,110) as shown in the following dropped 41% (i.e.3,579 to 2,110). graph. Similar to the findings regarding residential commitments, Black youth are again very overrepresented among the juveniles who are waived to adult court as illustrated in the following graph. Again, proportion of juveniles waived to adult court who were Black held fairly constant over the five year period at about 54%. The proportion of youth waived to adult court who were White or Hispanic stayed about the same as well, but with much lower rates of around 27% and 14% for Whites and Hispanics respectively. Juveniles Transferred (Waived) to Adult Courts in Florida Five Year Trend by Race and Ethnicity (Percent Black Indicated)xii 4000 3,690 3,579 3,302 3500 3000 2,758 African American 2500 56% 2,110 53% 2000 54.5% White Hispanic 54.6% 1500 Other 53.9% Total 1000 500 0 2006 - 07 2007 - 08 2008 - 09 2009 - 10 2010 - 11 Finally, it can be seen in the following graph that 17 year olds are the most likely to be waived to adult court, and sixteen year olds are the next most likely. In each year, there were some who were 14 years old ranging from a high of 80 back in 2006 to 25 in 2011. Trend of Juveniles Transferred (Waived) to Adult Courts Five Year Trend by Agexiii # Juveniles waived to Adult Courts 2500 2000 9 - 13 yrs. 14 yrs. 1500 15 yrs. 16 yrs. 1000 17 yrs. 18 yrs. 500 0 2006 - 07 2007 - 08 2008 - 09 2009 - 10 2010 - 11 i Easy Access to Juvenile Court Statistics: 1985 - 2008, Office of Juvenile Justice and Delinquency Prevention, US Department of Justice. ii National Disproportionate Minority Contact Data Book, Office of Juvenile Justice and Delinquency Prevention, 2010. iii Easy Access to Juvenile Court Statistics: 1985 - 2008, Office of Juvenile Justice and Delinquency Prevention, US Department of Justice. iv National Disproportionate Minority Contact Data Book, Office of Juvenile Justice and Delinquency Prevention, 2010. v Florida Department of Law Enforcement. (2010). Crime in Florida, 2009 Florida uniform crime report, and 2010 - 11 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. vi 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. vii "Disproportionate Minority Contact Benchmark Report," Florida Department of Juvenile Justice, Bureau of Research and Planning. viii 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. ix 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. x 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. xi 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. xii 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice. xiii 2010 - 2011 Delinquency Profile, Bureau of Research and Planning, Florida Department of Juvenile Justice.