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Alaska
Justice Forum
15(1), Spring 1998
Issue
contents | Complete
issue in Adobe Acrobat PDF format
| Abstract: The Justice Center recently completed
the second phase of a study of racial disproportionality in juvenile
referrals in Alaska. The first phase, discussed in a previous
Alaska Justice Forum article, "Minorities
Referred at Higher Rates: Analysis of DFYS Data" (Fall
1997), examined four years of referral data -- over 28,000 referrals
for over 14,000 juveniles. Phase II examines in detail a small
sample of 112 individuals from the larger data set. This article
looks at the 33 youth from the Phase II study who had five or
more referrals, examining individual criminal histories and family
backgrounds as revealed in the files. |
Juvenile
Referrals: An In-Depth Look
N.E. Schafer
The Justice Center recently
completed the second phase of a study of racial disproportionality
in juvenile referrals in Alaska. (The study has been funded by
a gift from Cook Inlet Region, Inc.) The first phase of the study
examined four years of referral dataover 28,000 referrals
for over 14,000 juvenilesmade available by the Alaska Division
of Family and Youth Services (DFYS). A previous Alaska Justice
Forum article, Minorities
Referred at Higher Rates: Analysis of DFYS Data (Fall
1997) discussed the results of the Phase I study. For Phase II,
we examined in detail a small sample of 112 individuals from
the larger data set.
In both the smaller and the larger
studies we found that minority youth were disproportionally represented
among those who accumulated multiple referrals, that is, those
youth who had five or more referrals in their files. In this
article we will look only at those 33 children from this sample
who had five or more referrals. We will look at individual criminal
histories and family backgrounds as revealed in the files.
Alaska Native youth were most
likely to have five or more referrals, constituting more than
half of all youth in this category (54.5%), while white youth
formed only 12.5 percent and African American youth, 37.0 percent.
Girls were just about one-fourth of the youth with at least five
referrals (24.2%). Eighty percent of the girls who had accumulated
five or more referrals were Alaska Native; 20 percent were white.
No black females accumulated five or more referrals.
We began by comparing the age
of the 33 multiple offenders at the first recorded referral to
the age of those with only one referral. Clearly, the older the
child is at the first referral, the less time available to accumulate
additional referrals before turning eighteen, and the younger
the child, the more time available. (We should note that some
of our sample were so young at first referral that their referral
histories may not have been complete at the time data were collected
in Fall 1997.) We found no significant difference in the mean
age at the time of first referral for white youth between those
who had only one referral and those who had accumulated five
or more. However, for Alaska Native and black youth who had accumulated
five or more referrals, the age at the first referral was significantly
lower than for those who had only one. For white youth with one
referral the mean age was 14; for offenders with multiple referrals,
it was 14.35. However, the mean age of single referral for Alaska
Native youth was 15.5 while for Native multiple offenders it
was 12.6. Black single referral youth had a mean age of 15, while
those with multiple referrals had a mean age of 13.5 at the first
referral.
It is worth presenting the details
of the referral histories for some of the multiple offenders
to understand the scope of the delinquency. In our study, we
paid particular attention to any mention in files of alcohol,
weapons, and gang behavior because these are current social concerns.
We will look at males and females separately.
Male Multiple Offenders
Two Alaska Native males began
their lengthy referral histories at extremely young agesfive
and seven. The five-year-old lived in a Native community. He
was charged with concealment of merchandise for shoplifting a
package of nuts worth $.99. A month later, with a friend, he
burned down a shed, causing $400 in damage. At age nine he was
charged with criminal trespass in the second degree for entering
the village school through an unlocked back door. He and his
friend played in the room but took nothing from it. At ten, the
boy was referred in connection with a missing/stolen bicycle,
but since nothing linked him to the theft, the charge was dismissed.
His next referral was for minor in possession of alcohol at age
sixteen. Five children were involved but only one was drunk;
there was no evidence that this youth was drinking. At age sixteen
he was arrested for DWI, and at seventeen he was charged with
criminal trespass: He was in a store from which he had been banned.
Six months later, at age seventeen, he was arrested for driving
with a suspended license.
The child who began his career
at age seven was charged the first time with breaking windows
on a trailer in the village in which he lived. There was no incident
report in the file, but the event was entered into the log. His
next referral occurred when he was almost sixteen. He was intoxicated
and charged with minor consuming alcohol. His mother was unable
to come for him because she herself was intoxicated, so he was
released to another relative. He was referred three more times
for minor consumingall in less than a year. At age seventeen,
he was charged with criminal mischief in the third degree as
well as minor consuming. He stole a snowmachine while drunk.
He was referred to an alcohol program.
These two young boys were not
involved in threatening delinquent behavior, though in some cases
the behavior was costly. One of the youth had serious alcohol
problems and resided in a community where alcohol use and abuse
were viewed with alarm. Local concerns may make law enforcement
officials more likely to formally intervene in such cases. In
contrast, in Anchorage, such behavior was often treated informally,
with relatively few referrals to DFYS for underage drinking.
Two other Native males were very
young at their first referralsone was eleven and the other
twelve. Each lived in a small village and each was first referred
for burglary. The younger was later referred for three more burglaries,
criminal mischief, assault (four counts), and probation violations.
That he was intoxicated was mentioned only once in the file.
The twelve-year-old began with a charge of burglary at the village
store. (The door was ajar but nothing was missing.) He later
was charged with theft for stealing money from a teacher. He
accumulated another burglary charge, two assault charges, and
a referral for harassment (with a friend, he made annoying phone
calls to police). There was no mention of alcohol in his file.
Only two more files of Native
males had alcohol references. In one case, all five referrals
were for minor consuming alcohol. Another boy was referred several
times for burglary and criminal mischief, but intoxication was
mentioned only once in the file. In another case, drinking was
suspected but not proven. The referrals for this youth were for
burglary, criminal mischief, and/or theft.
Theft, criminal mischief (vandalism),
and burglary were common charges in the remaining files, with
fourth degree assault also appearing in several files. There
was one referral for misconduct involving a weapon, but this
was the only charge involving possible danger to others. The
vandalism was often very costlye.g., slitting tires on
all the cars in a one or two-block areabut it usually involved
a group. The thefts and burglaries were usually quite minor (cigarettes,
beer, candy, soda). The assaults were often fights.
Among the African American youth
three were referred for the first time for burglary, one for
a charge of vehicle tampering and theft, one for criminal mischief,
two for misdemeanor assault, and the remainder for theft.
An examination of the three burglars
is illustrative. The first, age thirteen, was charged with burglary
after entering a house with some companions intending to steal
a gun. The following March, now fourteen, he was referred for
criminal trespass. He had agreed to stay away from the community
recreation center but kept returning, and police were called.
Just two months later he was charged with theft for stealing
cigars and a lighter from a grocery store. The following month
he was charged with vandalism. He had been with other young males
on bicycles who were breaking into parked cars. In a matter of
weeks he was trespassing at the recreation center again, and
a month after that he was detained for violating his probation
and released after two days. Two weeks later he was again shoplifting
cigars. At the end of the month he was again detained for violating
probation. He was adjudicated in court and placed in a group
home. Ten days later he was charged with assault for threatening
another resident with a knife. In November, still aged fourteen,
he was institutionalized.
The second burglars referral
history began when, at fifteen, he entered a neighbors
house in an effort to help his codefendant retrieve his stereo.
He admitted to his involvement in the plan and to taking a gun.
He was referred for a second burglary, committed just two days
later, but was found not to be involved, although his probation
officer believed he knew about the burglary. The following month
he was charged with assault in the fourth degree and criminal
trespass for threatening students and staff at the bus loading
after school. He and his codefendant threatened to kill the teacher
who tried to stop them. The next month he was charged with misconduct
involving weapons and theft when, in a burglary with an adult
codefendant, he broke into a sports store and stole cash and
two rifles. (His mother turned in the one he kept.) The same
month he was referred for stealing snowmachines, and he was petitioned
on all the charges from the previous two months. A couple months
later he was referred for throwing rocks through the windows
of a school. In the following year he and his codefendant started
a fire in a school locker. A year later he was charged with theft.
The third burglar began his career
just weeks before his sixteenth birthday. He entered a residence
with others, stole items and vandalized. He knew the daughter
of the house and believed all had been invited in. He returned
to help clean up broken eggs. Later the same year he was accused
of involvement in an incident with several others who were attacking
other youths with baseball bats. Also the same year he was charged
with criminal mischief when, with others, he set a fire in a
laundromat. Still sixteen, he was charged with misconduct involving
a controlled substance. Drugs and money were found in his school
locker. The same year he was charged with reckless endangerment
for shooting a friend in the leg. He and the friend maintained
it was accidental. Several months later he was a passenger in
a stolen car and a gun was found under the drivers seat.
This was a probation violation as well as a new charge. He was
institutionalized and released from custody about eighteen months
later, just after his nineteenth birthday.
These three black juveniles caused
a great deal of trouble entailing considerable expense. They
also were involved in weapons violations, increasing their perceived
dangerousness. Four other black repeat offenders had weapons
violations among their later referrals, and most included in
their referral histories violent behavior or threats of violence.
In one case the last referral was for murder.
A comparison with the three white
males who accumulated at least five referrals reveals considerable
differences. One of the white offenders began his referral history
at age eleven. With his brother he was charged with criminal
mischief for spraying gang graffiti. A month later he stole a
pizza and was referred to a shoplifting program. The next month
the brothers were caught stealing car stereos and the subject
also admitted to stealing a purse. He was referred again four
months later for assault on a fellow junior high student, again
in company with his brother. Four more referrals were based on
charges of assaultone against his mothers boyfriend,
one against a teacher at school, and one against a neighbor at
whom the youth pointed a gun after being caught stealing from
his van. At his last referral he was fourteen years old.
The second youth began at age
fifteen with two referrals for underage drinking. The second
of these also involved theft. The next two referrals were for
criminal mischief, followed by one for violation of probation.
The last referral was for thefttwo months before the juvenile
turned eighteen.
The third white youth accumulated
nine referrals, the first for theft at age fourteen. (This file
also includes reference to two incidents prior to the first referral,
which are notes rather than formal referrals.) The boy left home
threatening suicide and his mother called the police. The following
day she saw him and tried to get him to go with her. He threatened
her with a knife. Apparently some legal process occurred because
he was next referred for violating a domestic violence order.
Then he was referred for shoplifting. He left the state and returned.
Eight months after the theft he was referred for misconduct involving
a weapon (a BB gun) when police caught him and his friends throwing
rocks at streetlights. Three weeks later he was caught driving
a stolen vehicle; the next day he was referred for theft (shoes
taken from a store); and a week after that for stealing from
a grocery store. Six months later he was reported as a runaway.
Almost two years later he was referred for disorderly conduct.
At this point he was within two weeks of his eighteenth birthday.
Clearly the records of these multiple
offenders vary considerably by race. Alaska Native youth tended
to accumulate referrals in villages for behavior which would
very likely be ignored or resolved informally in a large city.
Native youth whose records were accumulated in cities were less
likely to be referred for alcohol violations, though their referrals
for property offenses sometimes included consumption of alcohol.
African American boys who accumulated
at least five referrals had referrals for assault and weapons
violations as well as property offenses. We should note that
nearly all African American youth in the sample lived in urban
areas. Among the ten multiple black offenders, one lived outside
Anchorage, but spent time there, and two lived in Fairbanks.
The remainder were referred in Anchorage.
The white youth with at least
five referrals were quite different from one another. One was
referred in a small town for liquor violations and minor theft;
his record sounds as if it could be that of one of the Native
villagers. Another seemed to be involved in gang or gang wannabe
behavior, and a third appeared to have been emotionally or mentally
disturbed.
A recurring theme among those
with multiple referrals was that the youths home life was
at least questionable, if not dysfunctional. The sixteen-year-old
white drinker was on his own in a fishing town; both parents
were out of state. The gang-involved boy lived with his mother
and brother. According to intake notes, his mother was not particularly
concerned with his behavior. He was in a residential psychiatric
facility more than once.
The third boy may also have been
involved in a gang. His father lived out of state. His mother
refused to take him in after he threatened her. The police then
took him to shelters after arrests. He was admitted to a psychiatric
facility in Anchorage and to another in the lower 48. He was
diagnosed at the psychiatric hospital as a sociopath destined
for more criminal behavior.
The Alaska Native multiple offenders
seemed to come from broken families where alcohol was a problem.
Only two of these youth lived with both parents. Two lived with
their fathers, the remainder with mothers and/or grandparents.
Field notes in several files mentioned intoxicated parents (e.g.,
mother too drunk to come for him; all adults in home were intoxicated).
One boy seemed often to be left with others while his mother
was away; his referrals seemed correlated with her absence. Others
were in group homes for some part of their referral histories.
In one case the village tribal council said a youth could not
return to the village (although he did). At least one had a sibling
in jail and some had siblings as co-offenders.
The African American multiple
offenders were all from citiesprimarily Anchorage or, in
one case, a growing community near Anchorage. That youth was
living with a friend and did not know where his parents were,
although he knew that his father recently had been released from
prison. Two other files noted jailed or imprisoned parents. Three
more lived with grandparents, but at least one of these youth
was so out of control he was placed in shelters and group homes
for much of the time covered in his referral history. Three of
the black youth lived with aunts or aunts and uncles. Several
files noted moves to the lower 48 to stay with other parents
or relatives. One of the African American boys, whose record
reflected minimal dangerousness, was in multiple
placements in Alaskatwo foster homes, two mental health
facilities, one temporary shelter, and one residential group
home.
It is clear that youths who accumulated
several referrals did not have very stable living situations.
In some cases their homes could only be described as chaotic.
In some cases parents and guardians refused to take the boy in;
in two, the parent requested more severe sanctions. In only one
case was abuse by parents established in the file, but some of
the files were not complete.
Female Multiple Referrals
In our sample, there were only
ten females who accumulated at least five referrals. Eight were
Alaska Native and two were white. These girls were in living
situations which were just as chaotic as those of the boys.
The girl with the least stable
home life lived with mother, father, grandparents, and foster
parents, and in a psychiatric facility and a residential group
home. She began her referrals with a charge of minor consuming
alcohol. She next was referred for trespass when she went into
a fast food restaurant from which she had previously been barred.
She was referred again for minor consuming alcohol and then for
misconduct involving a controlled substance. She was referred
for driving her grandfathers car without his permission
or a license. She was also referred for criminal trespass at
the high school, from which she had also been barred. She accumulated
six more referrals, including some probation violations and leaving
placement in a substance abuse program.
One Alaska Native girl, whose
history began at age nine, lived in a Native village. She was
initially referred for second degree burglary and criminal mischief.
She and a companion had entered a daycare center through an unlocked
door. They did considerable damage to the premises and stole
some dolls. Her record does not show another referral until age
fifteen, when she was charged with underage drinking after being
found staggering on the beach. She accumulated four more referrals,
each including underage drinking. One of these four also involved
a charge of DWI; another included assault in the fourth degree
(she kicked a police officer).
Minor consuming alcohol featured
prominently in the referral histories of other Alaska Native
females, with one girl accumulating thirteen referrals in a two-year
period, ten of which included minor consuming alcohol. Only one
file contained no reference to alcohol. This girl had six referrals
for theft and one for burglary.
One of the white girls who had
at least five referrals came from a very chaotic living situation.
Her mother asked the state to take her because she was so unmanageable.
She had several placements and was institutionalized at the training
school. She continually ran away from home and appears to have
been involved with an adult male who dealt cocaine. He may have
been her pimp, although her referral record does not reflect
prostitution. The record includes several assaults, some on her
mother, some on other girls. The record also includes misconduct
involving a controlled substance, attempted escape, burglary,
and theft.
The other white female lived with
both parents. She was referred three times for minor consuming
alcohol, twice in conjunction with other offenses. Her record
included a theft, a burglary, and criminal trespass. She was
also referred for being suspected of receiving money which her
brother had stolen.
The Alaska Native girls who appeared
in the five-or-more-referrals category could be differentiated
by place of referral. Girls who lived in villages or small towns
were more likely to accumulate referrals for minor consuming
alcohol than were urban-dwelling girls. Police priorities, visibility,
and local concerns may play a role.
Conclusion
It is important to note again
that in this article we have looked at a very small subsample
of juvenile offenders33 individuals who each accumulated
five or more referrals before turning eighteen. Any conclusions
drawn from this examination must take into account the limited
size of the sample. What this in-depth examination does suggest
is that lengthy referral histories may be associated with age
at first referral and with location at first referral. The review
of individual files also revealed, unsurprisingly, that the family
and living situations of these 33 multiple offenders were particularly
unstable.
N.E. Schafer is a professor
with the Justice Center. The report on which this article is
based, A Comparison
by Race of Juvenile Referrals in Alaska: Phase II Report,
is available in Adobe Acrobat PDF format on the Justice Center
Web Site. The Phase I report, Disproportionate
Representation of Minorities in the Alaska Juvenile Justice System,
is also available .
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