The Effects that
Disproportionate Minority Contact has on Recidivism
Tierra Holt
Racial and ethnic disparities often lead to disproportionate minority contact (DMC) in many communities. According to Piquero’s (2008) differential involvement theory, minorities are over-represented in both the juvenile justice system and the criminal justice system because they: commit more crimes, and participate more in violent crimes, which call for criminal processing. Studies show that there is no one particular reason, but rather a combination of variables that exist which contribute to DMC. Piquero (2008) also noted that differential selection may be a contributor to DMC.
The differential selection theory posits that black offenders are treated differently than white offenders when they come into contact with law enforcement. This is particularly influential when coming into contact with juveniles. Individuals that are exposed to DMC as juveniles, will more than likely continue to be exposed to similar contact as adults. Law enforcement is seen as the gateway to DMC, as they have first contact, and those interactions determine an individual’s path in the juvenile or criminal justice system. According to Piquero and Brame (2008) the theory of differential selection is that there is bias in the criminal justice system, and elements like the labeling theory excessively and unreasonably target people based on the color of their skin.
According to Walt and Jason (2017) Blacks are more likely to be stopped and held for questioning, arrested, charged, convicted, and given harsher penalties after conviction. As such, law enforcement directives, like directed patrol, are perceived as targeted attempts on communities and areas that are known to be populated frequently by people of color. Additionally, communities and areas that are known to be mostly populated by whites, cause black to stand out among the crowd. In doing so, these situations may lead to disproportionate minority contact. There is the assumption that crime exists or has the potential for high risk in areas that are populated by people of color. Law enforcement agencies routinely employ the use of crime prevention strategies, like the ten principles of crime prevention to combat actual and perceived threats or opportunities for crime.
The Juvenile Justice and Delinquency Prevention (OJJDP) Act of 1974 was reenacted in 2018. The OJJDP has four core requirements: deinstitutionalization of status offenders, adult jail and lock-up removal, sights and sound separation, and addressing racial and ethnic disparities. Racial and ethnic disparities at all stages of the criminal justice/juvenile justice system have long since been an issue. The Reenactment of the OJJDP is yet another attempt, at the federal level to address a long ongoing issue with seemingly no definitive solutions. The 2018 enactment of the OJJDP Act of 1974 is found to have the following purposes: to support local and state programs targeting at
…indicators of recidivism can be broken down into two elements: an individual’s illegal activity and an individual’s interaction with (and within) the criminal justice system.
juvenile delinquency prevention, assist state and local governments in promoting juvenile accountability, assist state and local governments in combatting juvenile delinquency, and to support evidence-based intervention programming targeted for at-risk youth. Even with these strategies in place, minorities continue to be disproportionately contacted and overrepresented at all stages of the system.
The Possibility of Recidivism
According to McGovern et al (2009), recidivism rates and the possibility of recidivism are starkly greater among African Americans and Hispanics. According to Pope and Leiber, (2005) intervention and prevention programs involve community-based initiatives that enhance work and life skills for young minorities. Notably, Peck (2016) stated that due to many obstacles both intervention and prevention strategies need to be implemented successfully within the context of disadvantaged communities. As such, the beginnings of disproportionate minority contact begin to take shape. The act of rehabilitation relies on whether or not an individual can change their behaviors (to desist), or will they continue those and similar behaviors that lead to incarcerations (to recidivate). It is also worth noting that Whites are similarly situated to Blacks and Hispanics are subject to the same outcomes as well.
Individuals who choose to commit criminal acts do so at their own risk and to those around them. However, disproportionate minority contact (DMC) does not differentiate between lesser and greater time. Therefore, an individual that commits a lesser crime but is subject to DMC, will repeatedly find themselves in the presence of other criminals, who may have committed greater crimes. As such, over time, like most people,
criminals will exhibit adaptive behaviors. This means they are likely to escalate criminal behavior out of curiosity or out of self-preservance. Escalation in criminal behavior is a strong indicator of recidivism. More specifically, Lai et al (2022) stated that indicators of recidivism can be broken down into two elements: an individual’s illegal activity, and an individual’s interaction with (and within) the criminal justice system.
The Relationship Between Race and Crime
The idea of the relationship between race and crime posits the government is using targeted approaches with racial undertones. This in turn gives the appearance that certain races and ethnicities are prone to criminal behavior. Empirical evidence supports the notion that minorities, specifically blacks, are overrepresented in the criminal justice system. Conversely, there is a considerable gap in the data that supports the idea of the relationship between race and race. However, even while taking the data gap into consideration, it does not completely negate that there may be some legitimacy to the race-crime relationship. Overpopulation in jails and prisons and rising recidivism rates continue to be cause for concern. Additional research should be conducted to better address these issues. By better comprehending what impacts recidivism, lawmakers, stakeholders, and other organizations will be more adept at implementing counteracting measures. Additional evidence is needed to support two separate matters: disproportionate minority contact (DMC) and recidivism, resulting in an issue of cause and effect.
_______________________________________
Tierra Holt is a former law enforcement officer and has investigative experience. She currently works in a related field in Florida. Tierra has a Bachelor’s degree in Business Administration from Ashford University and a Master’s degree in the Administration of Justice and Security from the University of Phoenix. Tierra is currently a doctoral candidate at Saint Leo University. To relax,Tierra enjoys reading mystery novels and visiting summer sandy beaches with her family. For more information, she can be reached at tierra.holt@email.saintleo.edu.
References
jun Lai, J. S. (2022). Common Indicators of Recidivism Used in Program and Policy Evaluations. Social Policy Research Associates, 1-19. Retrieved from https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/ReentryProjectGrants/Common%20Indicators%20of%20Recidivism%20Used%20in%20Program%20and%20Policy%20Evaluations.pdf
JUVENILE JUSTICE AND DELINQUENCY PREVENTION. (2019). Retrieved from Office of Juvenile Justice and Delinquency Prevention: https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/JJDPA-of-1974-as-Amended-12-21-18.pdf
McGovern, V. D. (2009). Racial and Ethnic Recidivism Risks: A Comparison of Postincarceration Rearrest, Reconviction, and Reincarceration Among White, Black, and Hispanic Releasees. The Prison Journal, 89(3), 309-327. doi:doi-org.saintleo.idm.oclc.org/10.1177/0032885509339507
Piquero, A. (2008). Disproportionate minority contact. The Future of Children. 18(2), 59-79. doi:10.1353/foc.0.0013. PMID: 21337998.
Piquero, A. R. (2008). Assessing the Race-Crime and Ethnicity-Crime Relationship in a Sample of Serious Adolescent Delinquents. Crime and Delinquency, 54(3), 390-422. doi:doi.org/10.1177/0011128707307219
Pope, C., & Leiber, M. (n.d.). Disproportionate minority confinement/contact (DMC): The federal initiative. In K.-L. K. Hawkins D., Our children, their children: Confronting racial and ethnic differences in American juvenile justice (pp. 351-389).
Walt, L., & Jason, L. (2017). Predicting Pathways into Criminal Behavior: The Intersection of Race, Gender, Poverty, Psychological Factors. Journal of Addiction, 2(1), 1-8. Retrieved from https://www.arcjournals.org/journal-of-addiction/volume-2-issue-1/1