From Cradle to Prison: The Battle for the Souls of Black Children

Elliot Millner, J.D.

As with the adult criminal justice system, a series of decisions are made during the process of a juvenile being arrested and charged with a crime. From the initial decision to observe/stop/search; to the decision to detain and then arrest; to the decision to prosecute; to the decision to decide to charge as an adult or juvenile; to the decision to detain the juvenile prior to trial; to the decision to offer a plea or take the case to trial; to the decision regarding sentencing and probation requirements.

Despite the fact that white youth report using and selling drugs at a rate significantly higher than Black youth(even once population disparity is calculated in), and are shown to commit delinquent acts at rates very similar to Black youth, it is Black youth who are:

26% of all juvenile arrests

31% of referrals to juvenile court

32% of youth judged delinquent

40% of youth in residential placement

46% of youth sent to criminal court

58% of youth admitted to adult state prison

(*Source: Building Blocks For Youth Initiative Report)

There is much statistical data that shows the impact of racially disparate treatment in the juvenile justice process, just as is the case with the adult criminal justice system. Those that claim that race plays no part in the juvenile and adult criminal justice process make the same argument, which is that Black youth and adults simply commit more crimes, which is why there are so many more Black people in prison. This argument is in many ways misleading, and a blatant distortion of the facts. To support the assertion of Black criminality, these individuals use the same covertly-racist "moral failings" argument; Black people simply lack proper morals and values, and therefore are more prone to commit crimes than white people. This argument would seem too absurd to require a reply, if not for its acceptance not only among many whites, but also amongst many gullible people in the Black community as well.

Like most arguments with deceitful motives, those who argue the moral inferiority of Black people ignore almost all additional information required to get an accurate picture of crime statistics. They ignore the disproportionate police presence in Black communities; they ignore the impact of persistent poverty and shortage of adequate employment and social service resources on crime rates in general; they ignore the impact of racially disparate sentencing, which not only sends Black people to prison for excessive and disproportionate lengths of time, but also erodes the community from which those individuals (who may or may not have been involved in criminal activity, but who may have also been breadwinners and fathers) came from; they ignore the pathetic school systems, with teachers who are shown to be far more likely to label Black children as problems, ADD, ADHD, or placed in special education programs;most obviously, they ignore the documented negative impact of racism and cultural ignorance throughout the juvenile and adult criminal justice process.

This ideology of forgetfulness and distortion is self-serving to many whites. It allows them to portray Black men as villains and deserving of any punishment they receive, and also to not accept any role in the continued destruction of countless lives, while they are able to wallow in unearned white privilege and all the benefits that come from it. It is also self-serving to many Black people who consider themselves to have "made it", because it allows them to deny any responsibility for the plight of other Blacks who are still struggling, and also to feel some foolish arrogance and superiority for being fortunate enough to have either not grown up in a hellish environment, or to have had a person or people to guide them in the right direction.

We cannot allow ourselves to continue to be shamed into silence. We have nothing to be ashamed about. Any group of people subjected to the conditions that many Blacks have lived in for generations will have problems, especially when those problems and the root causes of them are consistently ignored. The false arguments of moral inferiority and "choicism" are ideas projected onto us by whites who are reaping the benefits of generations of mass immoral behavior, which was largely supported(or ignored) by the government. The causes of the problems facing Black communities, which are ongoing, stem from the abnormal behavior of white people toward us; the effects that we continue to see are normal given the circumstances producing them, and have been replicated in numerous countries, by people of various backgrounds.

When a Black child is introduced into the criminal justice system, it places them on a de facto career path that few are able to escape from. It is no exaggeration to say that the fight to change the structure of the juvenile and adult criminal justice systems, in addition to making ground-level change in our communities (including increasing community-based approaches to dealing with juvenile misconduct) , are the biggest issues we will face over the next several years. Virtually all of the other major problems facing the Black community in some way emanate from this central issue. Cowardice, inaction, and silence are not an option. Our continued existence is at stake.

If it is not clear to you already, when we begin to take things for granted, things get taken away from us. We must redevelop activist mentalities, whether we are community organizers, janitors, corporate attorneys, or elementary school teachers. This backlash of ignorance that has become more prevalent since the election of President Obama is not going away on its own. The foolish acts of individuals is disturbing, but it is not even close to our main problem. The problem is systemic and institutionalized, and has been the status quo for years. This status quo will not change by doing the same things we have been doing, or by doing nothing. Become educated about current issues directly affecting our communities( such as The Fair Sentencing Act of 2009); become aware of programs or people doing unique things for community development, (such as Geoffrey Canada and the Harlem Children's Zone); become educated about issues and make your voice heard-blog; contact your representatives to let them know about your concerns about certain issues; become active in organizations doing things for the Black community, or start your own organization. The one thing that is absolutely inexcusable to do, is nothing.