Latino and Hispanic Youth in the Juvenile Justice System

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youth as early as possible and prior to any court appearances and assess his or her ability to communicate in English. 29 If there is difficulty determining if an interpreter is needed, ask the youth to restate simple biographical information in order to assess his or her English proficiency. 30 Also, consider utilizing an English proficiency questionnaire similar to the questionnaire created by Washoe County Juvenile Services “Limited English Proficiency Questionnaire” to assist with making a final determination. 31 • If all that is communicated in English is not fully understood by the youth, counsel should utilize the services of a state or federally certified court interpreter to ensure the interpreter has proven language and interpreting skills proficiency. 32 Defense counsel should be aware that only interpreters from the Administrative Office of the Courts (AOC) Spanish Foreign Language Registry, preferably a Level A (certified) court interpreter are eligible to provide interpreting services in juvenile matters at state expense. 33 Defense counsel should contact interpreters to arrange for out of court meetings with their clients. 34 • There should not be any communication directly between the juvenile and the interpreter except for the interpreter to evaluate whether the youth has any speech impairment that would affect the interpreter's ability to understand and interpret for the youth, and to ensure the language is indeed Spanish rather than an indigenous language of the youth's country of origin. 35 Once it has been established that the interpreter and youth can understand each other, there should be no direct communication between the youth and the interpreter. 36 If defense counsel observes any such communication, he or she should ensure that communication is ceased. 37 29 Deborah M. Weissman, Between Principles and Practice: The Need for Certified Court Interpreters in North Carolina, 78 N.C.L. Rev. 1899, 1958 (2000). 30 Id. at 1961. 31 MARIA F. RAMIU AND DANA SHOENBERG, DMC TECHNICAL ASSISTANCE MANUAL, CHAPTER 7: STRATEGIES FOR SERVING HISPANIC YOUTH (4 TH ED.), available at http://www.ncjrs.gov/html/ojjdp/dmc_ta_manual/dmcch7.pdf (last visited November 23, 2011). See Appendix in this guide for a copy of the questionnaire utilized in Washoe County. 32 See Deborah M. Weissman , supra note 29, at 1958. Email from Brooke Bogue, North Carolina Administrative Office of the Courts, Court Programs and Management Services, Interpreting Services Program Manager, to Brandi Clemmons, Assistant Juvenile Defender, Office of the Juvenile Defender, November 21, 2011, (on file with the Office of the Juvenile Defender). See NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, POLICIES AND BEST PRACTICES FOR THE USE OF FOREIGN LANGUAGE INTERPRETING SERVICES IN THE NORTH CAROLINA SYSTEM, 8 (2007), available at http://www.nccourts.org/Citizens/CPrograms/Foreign/Documents/guidelines.pdf (last visited November 23, 2011). See NC ADMINISTRATIVE OFFICE OF THE COURTS, THE SPANISH FOREIGN LANGUAGE REGISTRY, available at http://www.nccourts.org/Citizens/CPrograms/Foreign/Documents/SpanishForeignLanguageRegistry.pdf (last visited November 23, 2011). The Registry is updated monthly and listed by district to allow attorneys to choose an interpreter with the highest proficiency level and within the closest proximity. 33 See NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, THE SPANISH FOREIGN LANGUAGE REGISTRY, supra note 32. 34 NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, POLICIES AND BEST PRACTICES FOR THE USE OF FOREIGN LANGUAGE INTERPRETING SERVICES IN THE NORTH CAROLINA SYSTEM, supra note 32, at 16. 35 Id. at 18. 36 Id. at 13, 18. 37 Id. at 18. 4
• Avoid pre-judging, stereotyping, or labeling Hispanic/Latino youth and families. 38 Furthermore, do not assume that you know the juvenile’s ethnicity. 39 Instead, consider asking the youth about their ethnicity as well as tracking ethnic backgrounds of your clients to facilitate monitoring of Hispanic/Latino youth in your jurisdiction. 40 • Provide an overview of juvenile court, the purpose of the interview, confidentiality laws, the right to remain silent, and expressed interest advocacy. 41 • To ensure that the interpreter is prepared to assist with the client interview, provide him or her with any necessary materials or background information (e.g., past delinquency history, current petitions, possible recommendations from the court counselor, and dispositional options). 42 When representing a youth who needs an interpreter, defense counsel should communicate with the youth using direct speech and maintain eye contact, with the interpreter serving as a facilitator only. 43 Due to the nature of the interview, communicate in short intervals and avoid closed-ended questions that could lead to miscommunication or interpretational errors. 44 • Although research shows that nearly 22% of Hispanic/Latino public-school children live in homes where no one aged 14 or over in the household speaks English well, defense counsel must not ask the youth to serve as an interpreter for his or her parents/guardians as this could lead to inaccurate translation and misunderstanding since the youth may not be sufficiently proficient in English or the meaning of legal terminology or could be motivated to translate incorrectly. 45 Additionally, in some situations, the juvenile could incorrectly relay rights or services given to the juvenile, or miscommunicate the terms or conditions of probation that could potentially lead to sanctions for the juvenile. • Help the youth feel safe enough to disclose information about himself or herself. If the youth is a recent immigrant, be aware that research indicates that persons from countries with dictatorial or corrupt legal systems may neither understand nor trust the juvenile justice system. 46 However, because Hispanic/Latino youth can originate from different countries and may have had different experiences with law enforcement in their native countries, defense counsel should not assume that all Hispanic/Latino youth will experience law enforcement in the same way. There may also be differences between Latinos/Hispanics born in the United States and those born in another country. Therefore, begin by asking noncontroversial questions that help establish a rapport with the youth. 38 HISPANIC ADVOCACY COMMUNITY EMPOWERMENT THROUGH RESEARCH & THE COUNCIL ON CRIME AND JUSTICE, ROOT CAUSES TO DISPARITIES FOR HISPANICS/LATINOS IN THE JUVENILE JUSTICE SYSTEM, 9, 96 (2005), available at http://www.racialdisparity.org/files/HACER.pdf (last visited November 23, 2011). 39 Id. at 38. 40 Id.at 9. 41 NATIONAL JUVENILE DEFENDER CENTER, TEN PRINCIPLES FOR PROVIDING EFFECTIVE DEFENSE ADVOCACY AT JUVENILE DETENTION HEARINGS, 2 (2005), available at http://www.njdc.info/pdf/Detention%20Advocacy%20&%20Assessment%20Instruments.pdf (last visited November 23, 2011). 42 Id. 43 Id. 44 CAMPAIGN FOR YOUTH JUSTICE & NATIONAL COUNCIL OF LA RAZA, AMERICA’S INVISIBLE CHILDREN, supra note 6, at 33-34. 45 Id. at 33. 46 Id. 5
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disproportionate share of all felon
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• From 1994 to 2011 the rate of b
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• Latinos account for 22 percent
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• In 2010, the Latino male incarc
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and 60 percent were White; and 54 p
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Juvenile facilities, including 1,80
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New Jersey 11 55 5 New Mexico 86 20
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percent.4)The remaining commitments
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Hispanic/White Racial Disparity in
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Trends in Hispanic to White Commitm
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Florida 25% 62% 1227% Georgia 36% -
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See full data in Appendix D.13)OJJD
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Black/White Youth Arrest Disparitie
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decrease racial disparities in comm
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implemented effective, data-driven
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decisions regarding detention of yo
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or ethnic group, and/or geographic
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positively with youth, and how to t
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Page 62 and 63: Black 456,276 6% American Indian 27
Page 64 and 65: DUI 286 0.7% Drunkenness 381 0.9% L
Page 66 and 67: Arrest Percentages Hispanic juvenil
Page 68 and 69: Types of Cases Simple assault accou
Page 70 and 71: Stolen property offense 293 12.6% 2
Page 72 and 73: Adjudicated cases resulting in plac
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Page 82 and 83: youth) by 2008. As the number of La
Page 84 and 85: Notes _____________________________
Page 88 and 89: Latino Youth and the Juvenile Court
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Page 94 and 95: Juvenile court data discussed in th
Page 96 and 97: Offense profiles for white youth an
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Page 102 and 103: In 2013, across offense categories,
Page 106 and 107: Representing Hispanic/Latino Youth
Page 108 and 109: Hispanic/Latino Youth in Juvenile D
Page 112 and 113: Ask about his or her home and schoo
Page 114 and 115: youth and their families may not be
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Page 120 and 121: Washoe County Juvenile Services Lim
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Latino and Hispanic Youth in the Juvenile Justice System

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