THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, November 22, 1995 TAG: 9511220557
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: Long : 122 lines
Judges are more than twice as likely to sentence to jail black youths than whites who commit the same crime and have similar backgrounds, according to a study released Tuesday of Virginia's juvenile justice system.
The report quoted one anonymous judge who said: ``Without mentioning specific names, I know that some judges take a more severe look at a case when minorities are involved.''
Several state officials promptly called for an investigation.
``If a judge is not willing to stand up and reveal inappropriate and unlawful practices, then what can we expect from the juveniles?'' asked Patricia West, director of the state Department of Youth and Family Services.
Said Del. Jerrauld Jones, D-Norfolk, chairman of the Assembly's Legislative Black Caucus: ``I'm troubled when I read about the over-representation of young black males in the detention homes of this state. If there's one thing that we learned from the O.J. Simpson trial, it's that the factor of race is a very salient one in our criminal justice system.''
The report concluded a nine-month study of the state's juvenile justice system that researched about 3,000 cases through Virginia's juvenile courts since 1992. It found that 14 percent of the black males sentenced in juvenile court received jail time, compared to 5 percent for whites.
Several factors other than race played a role in the finding, however. Black youths more often committed violent crimes, used firearms or had prior criminal records, for instance.
The General Assembly's Joint Legislative Audit and Review Commission devised a formula that crossed racial lines to compare offenders with similar characteristics.
They found was that the black juvenile would be twice as likely to be sentenced to jail as the white juvenile for the same crime.
``There is no clear evidence that this outcome results from a conscious intent to discriminate based on race,'' the report read. ``However, the finding does clearly suggest that this is an issue which needs to receive attention.''
The 192-page report, ordered by the legislature to explore the state's treatment of juvenile criminals, had been anticipated in the state capital, where juvenile justice reform is unfolding as a key plank in Virginia's 1996 political agenda. Two study commissions - one backed by Gov. George F. Allen and another authorized by the General Assembly - are crafting proposals to reform the juvenile justice system.
The report immediately touched off debate over the primary division between the two groups: Whether the state should emphasize treatment of juveniles or punishment.
Whether some compromise will be reached before the legislature convenes Jan. 10 is unclear, but lawmakers on opposite sides of the issue used the report to buttress their claims Tuesday.
Philip A. Leone, director of the commission that prepared the study, said it shows that Virginia's emphasis on treatment makes sense, considering only that 3 percent of all juveniles arrested are charged with violent crimes. ``There does not appear to be a need for any sweeping changes,'' Leone told the commission Tuesday.
Almost 80 percent of all juveniles who appear in juvenile court are convicted, and very few violent offenders are granted alternatives to court hearings.
``This just points out the need to emphasize education - the need to emphasize counseling and one-on-one treatment,'' said Del. Clinton Miller, R-Woodstock, a frequent administration critic.
``We've got to get into more prevention programs and do away with this political mantra . . . that says lock them all up.''
Attorney General James S. Gilmore III, who chairs Allen's juvenile justice commission, disputed some of the study's figures, citing an FBI report that the nation's juvenile violent crime rate surged 7 percent last year.
The FBI numbers point to a ``crucial need for sweeping reform in juvenile justice rather than merely tinkering with it,'' Gilmore said.
Only one in three juveniles convicted of violent crimes are jailed or tried as adults, the report said. It called for more flexible sentencing laws for juveniles who commit violent crimes, who now must either be tried as adults or released when they turn 21.
It also noted that youths are just as likely to get probation for their first offense as subsequent offenses, evidence, it said, that judges need more alternatives to jail time and parole.
Among the study's other findings:
Because sentencing options are limited, judges often give repeat offenders probation, community service or some other alternative punishment, even if it has not worked in the past.
About 52 percent of juveniles will commit another crime after their first arrest, usually within a few months.
More than half of the youths charged with minor juvenile crimes - such as truancy and curfew violations - will be arrested again within three years. Most will be charged with more serious crimes.
Only two in 10 juveniles charged with crimes receive counseling or other community treatment services.
Some jurisdictions don't make full use of programs designed for less-risky offenders to avoid the court system, because of mandates for trial by judges or commonwealth's attorneys. Such mandates appear to violate the intent of the law, the study said.
At least 20 to 27 percent of the juveniles in state prisons could qualify for other treatment programs, but more state funding is needed.
The study of the disproportionate number of black youths sentenced to jail time did not consider some factors that could influence the outcome, factors that were difficult to quantify, the report said.
Among them are the quality of legal representation, the youth's demeanor, and the tendency of some black youths to have a ``jaundiced view of the court system'' and act in a ``hostile, disdainful and disrespectful'' manner to judges, the study reported.
The study commission recommended that judges undertake a voluntary effort to create principles and guidelines to assure race-neutral sentencing. ILLUSTRATION: Color photos
Patricia West...
Del. Jerrauld Jones
Chart by John Corbitt, Staff
Juvenile Crime: Closeup
Source: Joint Legislative Audit & Revue [Review] Commission
KEYWORDS: JUVENILE CRIMINALS JUVENILE JUSTICE SYSTEM JUVENILE
PRISONERS
MINORITY JUVENILES by CNB