"There is a tremendously disproportionate number of African-Americans and Hispanics in detention centers where we know the majority of the population in those counties is not minority," said an irritated Assemblyman William Payne, D-Essex.This is true and it mirrors the high rates of incarciration for people of color generally in the Garden State. The majority white populations of these counties live in extraordinarily affluent areas (Glen Ridge, Montclair, etc.) compared with their urban peers (yes, that means you, Newark, Irvington, East Orange, etc.) presumably where the majority of these young inmates are being drawn from. The same is true in other counties with an urban center, not just Essex, all across New Jersey.
So what to do?
One of the problems seems to be that police are allowed to exercise discretion when diverting youths into the juvenile justice system, but often times, they opt not to use this program for young people of color.
"For minor charges and for some first-time offenders, police can act without an accused having to go to court. The process is supposed to work with the police officer discussing the offense with the youth, a parent or guardian, and with the victim. As a result, the youth may pay restitution or do community service.If I were a betting man, I'd say that one of the proposed solutions will suggest a new plan that deals with all young people in a uniform fashion, so individual police biases don't have an opportunity to play a role in the decision-making process.Delinquency, vandalism and disorderly behavior are the sort of charges the program targets."
This is wrong! And it's how we got to the place we're at today with mandatory minimum sentences.
After seeing rich white defendants going free because of their community connections, highly paid lawyers and general ability to make a judge feel like you're not a danger to society, bright politicians got "tough on crime" with mandatory sentences, based on the weight of the drugs involved, handcuffing a judge's ability to tailor a sentence based on the totality of the defendant's involvement, and not just the weight of the drugs they were caught with.
Is it possible that police and politicians could just become aware that this bias exists and then try to avoid it in the future? I doubt it. But I know one-size-fits-all sentences do nothing to ensure that justice is served.
So what will New Jersey pols do? We'll have to wait and see...