The Disproportionate Overrepresentation of Minority Youth in ...

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Blacks Receive Consent Decrees Less than Whites
There were also several explanations for blacks receiving consent decrees less
than whites. One person feels that blacks may be less likely to receive a consent decree
because they are rarely given out in the first place, although it may also have to do with
economics. This explanation is not very plausible simply because even if consent decrees
are rarely given out, the fact remains that blacks still receive them less often than whites.
The most common justification for the finding of fewer consent decrees was that
since blacks are apparently given more breaks, by being petitioned less, that by the time a
consent decree may be a choice, they have too many prior offenses so they do not qualify
for this more lenient outcome.
When you see that the consent decree is just the opposite (of petition)it
makes some sense because if they are practicing systems patience with the
black kids in the diversionary programs and giving them a second or third
time, then when those kids are finally getting petitioned they aren’t
coming in with a clean slate. But if the white kids are getting petitioned
early on, then they aren’t coming in with a horrendous record and so they
are looking pretty good for a consent decree. So, they aren’t getting the
diversionary program but they are getting consent decree, where the black
kids are getting the diversionary programs and aren’t getting passed on for
just one or two mistakes. The system is practicing some patience but then
when they do come before this court, the system is saying a consent decree
isn’t appropriate at all.”