Disproportionate Minority Contact (DMC)

Introduction:

"Injustice anywhere is a threat to justice everywhere."

                                                                         Martin Luther King, Jr.

In every state in the country, minorities are over-represented at each stage of the juvenile justice system.  What should be a vestige of the past is not.  In Massachusetts, children of color represent just 28 percent of the youth population.  Yet minorities comprise 56 percent of those committed to DYS, 62 percent of those excluded from school, 73 percent of those charged as adults in juvenile court, and an alarming 77 percent of those confined to secure residential facilities.

This disproportionate minority contact endangers the foundation of freedom and equality not only among youth, but among all people.  It is a problem that requires immediate attention from all stakeholders in the justice system.  Improving the quality of legal advocacy is one proven strategy for reducing minority over-representation; this fact helped motivate YAP to create the Juvenile Defense Network, which is helping to improve defense services statewide.

Defense Attorney Advocacy in Reducing DMC:

Because several factors may contribute to the over-representation of minority youth in the juvenile justice system, a variety of responses are warranted.  One critical component in reducing DMC is ensuring quality representation for all youth in the juvenile justice system. Competent counsel can work to guarantee that minority youth receive fair treatment once involved in the system, while also helping them to access the necessary and appropriate services to avoid future contact with the justice system.  Quality representation will help juveniles gain a better understanding of the court system and experience the court process as fair.  Adequately trained and supported defense attorneys will also have knowledge of community based programs as an alternative to detention and commitment at the dispositional stage  and at probation surrenders.

"For...drug offenses, the incarceration rate for Black youth is 48 times the rate for White youth, and the incarceration rate for Latino youth is 13 times the rate for White youth."              -Children's Defense Fund