Latino and Hispanic Youth in the Juvenile Justice System

Hispanic/Latino Youth in Juvenile Delinquency Court: Introduction
According to the U.S. Census Bureau, Hispanics or Latinos are defined as persons who classify
themselves as “Mexican,” “Puerto Rican” or “Cuban” as well as persons whose origins are from
Spain, Central or South America, or the Dominican Republic. 1 The U.S. Census Bureau further
notes that the terms, “Hispanic,” “Latino,” and “Spanish” are usually used interchangeably. 2
Moreover, since origin can be regarded as the heritage, nationality group, lineage, or country of
birth of the person or the person's ancestors before their arrival in the United States, persons who
identify their origin as Spanish, Hispanic, or Latino may be of any race. 3 In 2006, persons of
Hispanic or Latino origin comprised 14.4% of the national population, representing the nation’s
largest minority group. 4 At the same time, nearly 35% of the Hispanic/Latino population was
under age 18, and comprised 19.6% of the national youth population. 5 However, the exact
number of Hispanic/Latino youth in the juvenile court system is unknown because most data
sources fail to collect information that separates data on Hispanic/Latino youth from White youth
or to distinguish among Hispanic/Latino youth of Mexican, Caribbean, Central American, or
South American descent. 6 Although limited, the data that is available indicates that
Hispanic/Latino youth are disproportionately represented in the juvenile justice system, and
receive harsher treatment than White youth, often times for similar offenses. 7 However, the
failure to collect appropriate data has led to the undercounting of Hispanic/Latino youth, thereby
minimizing the full extent of their overrepresentation in the juvenile justice system while
increasing the percentage of youth reported as White in the juvenile justice system. 8 Therefore,
in an effort to address the disproportionate representation of Hispanic/Latino youth in the
juvenile justice system, this document provides a compilation of recent research regarding
Hispanic/ Latino youth in the juvenile justice system. It further recommends strategies for
defense counsel to utilize to better serve Hispanic/Latino youth.
1 U.S. CENSUS BUREAU, STATE & COUNTY QUICKFACTS, available at http://
http://quickfacts.census.gov/qfd/meta/long_RHI705210.htm (last visited November 23, 2011).
2 Id.
3 Id.
4 U.S. CENSUS BUREAU, STATE & COUNTY QUICKFACTS (2010), available at
http://quickfacts.census.gov/qfd/states/37000.html (last visited November 23, 2011).
5 Id.
6 COALITION FOR JUVENILE JUSTICE, LATINO YOUTH AND THE JUVENILE COURT SYSTEM, 1, available at
http://www.juvjustice.org/media/factsheets/factsheet_7.pdf (last visited November 23, 2011). FRANCISCO A.
VILLARRUEL, ET AL., ¿DÓNDE ESTÁ LA JUSTICIA? A CALL TO ACTION ON BEHALF OF LATINO AND LATINA
YOUTH IN THE U.S. JUSTICE SYSTEM, 1 (2002), available at http://www.cclp.org/documents/BBY/Donde.pdf (last
visited November 23, 2011). According to information from a report in 2009, Mexicans made up the largest
percentage of Hispanics/Latinos at 64% with Puerto Ricans following with 9% and Cubans following with 3.4%.
CAMPAIGN FOR YOUTH JUSTICE & NATIONAL COUNCIL OF LA RAZA, AMERICA’S INVISIBLE CHILDREN: LATINO
YOUTH AND THE FAILURE OF JUSTICE, 13-14 (2009), available at
http://www.campaignforyouthjustice.org/documents/Latino_Brief.pdf (last visited November 23, 2011).
7 CAMPAIGN FOR YOUTH JUSTICE & NATIONAL COUNCIL OF LA RAZA, AMERICA’S INVISIBLE CHILDREN, supra note
6, at 6. FRANCISCO A. VILLARRUEL, ET AL., supra note 6, at 1.
8 FRANCISCO A. VILLARRUEL, ET AL., supra note 6, at 1.
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