Race, Gender, and Legal Counsel

Abstract

This study examines the influence of race, gender, and type of legal counsel on juvenile court outcomes. Data from a sample of juvenile court referrals from two midwestern juvenile courts indicate that the effect of these factors varied by court location. The severity or leniency of the disposition outcome was determined by race, gender, type of legal counsel, and court location. This study clearly demonstrates the need for an approach that considers the interplay between legally relevant and legally irrelevant factors on juvenile justice decision making.

Juvenile Court Dispositions in the Deep South: Examining the Concept of Justice by Geography

“…Guevara et al (2008) found that race did not significantly predict harsh sentencing in a comparison of two Midwestern courts. A similar study compared two urban courts and found that race was unrelated to juvenile court dispositions when analyzed as an individual-level variable (Cauffman et al, 2007).…”

“…Arrest histories and offense characteristics have been highly correlated with harsh dispositions resulting in secure placements (Applegate et al, 2002;Cauffman et al, 2007). Studies have also shown that the presence of legal counsel has been correlated with harsher sanctions (Feld, 1991;Guevara et al, 2008).…”

“…Some studies have identified poverty's negative impact on family processes, which contribute to adolescent emotional and behavioral problems (Conger et al, 1994;Jarjoura et al, 2002;Sampson and Laub, 1994). On the other hand, some studies suggest that judges' dispositions are only marginally influenced by individual characteristics (Applegate et al, 2002;Cauffman et al, 2007;Guevara et al, 2008). In an Ohio sample, Applegate et al (2002) found that judges made decisions based on legal factors and rarely considered the individual characteristics (race, age, gender, etc.)…”

“…Previous studies identified that legal, individual and environmental variables predict harsh dispositions (Applegate et al, 2002;Cauffman et al, 2007;Dejong and Jackson, 1998;Feld, 1991;Guevara et al, 2008;Sampson and Laub, 1993;Webb, 2006). Legal factors like severity of crimes, prior legal charges and representation by legal counsel were not examined in this study.…”

“…Due to feasibility reasons, most studies have compared only two juvenile courts from different locations. Although external validity was limited, these studies have identified strong discrepancies in adjudicating and sentencing juveniles (Cauffman et al, 2007;Cohen and Kluegel, 2001;Guevara et al, 2008). A 2007 study, for instance, compared two juvenile courts from large metropolitan areas in Phoenix and Philadelphia (Cauffman et al, 2007).…”