It is a familiar maxim: “Justice is blind.” We know that it should be. The question remains: is it really A new report issued by the New Jersey Institute for Social Justice reveals that the Juvenile Justice System in New Jersey is far from blind, specifically, color blind. In fact, examining the report, entitled “Bring Our Children Home: Ain’t I a Child ,” the racial inequalities in New Jersey’s juvenile justice system are astounding. Understanding the numbers, and the young people whose lives they represent, is critical to engaging in a meaningful dialogue about juvenile justice in New Jersey. Moreover, it is essential as a juvenile defendant to be aware of your rights and to find a legal advocate who can protect them.

Juvenile Justice by the Numbers

Nearly 1 million young people are currently involved in the juvenile justice system in America today. According to the New Jersey Juvenile Justice Commission, there are 537 juveniles who are either in detention, on probation, or in aftercare in New Jersey as of January 7, 2017. Of the 289 young people who are currently committed, 73% percent are African American. In fact, African American juveniles in New Jersey are 24.3 times more likely to be committed to detention facilities than their white peers. This striking disparity ranks New Jersey as the third-leading state in America when assessing African American vs. white commitment for juveniles.

Although New Jersey as a whole has reduced its overall confinement of juveniles, cutting the number by 53 percent between 1997 and 2010, the disparity of commitment among races remains a seriously troubling issue. Research shows that African American juveniles and juveniles of other races are relatively similar in terms of their rate of offenses and the types of offenses they commit. It is the ways in which their cases are handled that differ so significantly. In other words, if an African American juvenile commits an offense that would constitute a crime if committed by an adult, he or she is far more likely to be incarcerated than a white young person who commits the same act.

Juvenile Incarceration Costs and Recidivism

The costs of youth incarceration are equally astonishing. In New Jersey, the State funds its three prisons with a budget of nearly $64 million per year. As of 2014, it costs the State up to $196,133 to incarcerate one young person for one year, which amounts to $537.35 per day. Conversely, if this same young person was maintained in an all-day community-based program, the State would spend $75 per day.

Perhaps even more remarkable are the recidivism rates resulting from detention versus community-based programs. Research shows that incarceration is no more effective than probation or alternative sentences at reducing recidivism rates. Recidivism is simply the tendency of a person convicted of a crime to reoffend. In New Jersey, of the approximately 652 juveniles released from juvenile correctional facilities in 2011, 84% were arrested again within 3 years.

New Jersey Juvenile Sentencing Alternatives

New Jersey is now making use of a variety of diversionary programs and deferred dispositions, which allow young people to engage in programming and receive services such as counseling, mental health treatment, and education. The legal standard for the juvenile justice system in New Jersey is the “best interests of the child,” after all. The guiding principle and goal of juvenile justice is to rehabilitate and reform young people, to prevent them from offending again, and to encourage them to cultivate their potential. As such, these programs and sentencing alternatives should be the intended resolution in as many cases as possible.

Alissa Hascup is a New Jersey juvenile defense attorney who is passionate about protecting the rights and the futures of her clients. She works on behalf of young people in every county in the State to achieve the best possible outcomes, thus allowing her clients to move forward and pursue the lives they deserve. If you or your child is facing juvenile charges in New Jersey, contact her offices today at 862-257-1200 for additional information and a free consultation.

For additional information pertaining to this issue, access the following: Institute Report Finds Extreme Racial Disparities Exist in NJ’s Youth Prisons