Over Representation of Ethnic Minorities - Research Paper Example

? Youth Offending: Over Representation of Ethnic Minorities within the Criminal Justice System in England and Wales By of Institution] [Word Count] [Date] Introduction Social exclusion and socioeconomic statuses have been central to the study of the over-representation of ethnic and racial minorities in criminal justice systems of many a country (Hills, 2002). Social exclusion refers to the lack of acceptance, belonging and recognition of an individual or a community by others despite the fact that they may be neighbours in a city or a country (Friedman, 1993). Studies have shown that Black and Ethnic Minority (BEM) youths are the most affected by social exclusion in Wales and England. Interestingly, socially exclude youth are often found to be socially and economically vulnerable and have higher risks of living diminished lives in the eyes of the advantaged as well as in their own eyes (Applebaum et al., 2010). The social and economic changes in the free-market economies have been cited as the main causes of social exclusion of minority youths, more so in the Western countries. In addition, weaknesses and inequalities in government service provision have made socially excluded people rather vulnerable in many ways (Coker, 2003). For instance, in England and Wales, the socioeconomically deprived and socially exclude ethnic minority youths have been found to be at higher risks of being crime victims or offenders given their propensity towards committing crimes (CRC, 2008a). This paper thus explores the reasons youths from ethnic minority groups are over-represented in the criminal justice system of Wales and England and the possible approaches with which this trend may be addressed. The Criminal Justice System and Black Minority Youths Perhaps one of the most regrettable and enduring characteristic of the criminal justice systems is racial profiling and stereotyping of youths from minority ethnic groups (CRC, 2008b). Fortunately, there has been a considerable increase in the galvanisation of the link between minority ethnic groups and crime (University of Georgia, 2006). In worse cases, there have been so much racial stereotyping and crime profiling that black youths are referred to as ‘criminal predators’ (Silver, 1994). According to the Youth Justice Board (YJB), which reported that 1,822 young offenders were in custody in the 2010/2011 period, it is this profiling of minority youths that has subtly justified the over-representation of youths from minority ethnic groups and races in the criminal justice systems (BBC, 2011). Out of this population, minority ethnic youths constituted 39%, a 6% increase over the 2009/2010 period. However, the general figures of youth offenders dropped from 1977 of the 2009/2010 period (BBC, 2011). The Guardian also reported similar trends in both Wales and England, reporting that young black men accounted for nearly 40% of the population of youth jails in the two countries. Comparing the 2006 and the 2009/2010 period, the joint report with the Youth Justice Board (YJB) indicated an increase from 23% to 39% by young black youth composition (The Guardian, 2011). This over-representation is not only evident at the trial stages/courts but also in the correctional facilities such as prisons. Although, an unofficial policy, the tendency to racially and ethnically profile minority youths is so rampant that criminal justice practitioners openly practice it. Certain elements have been identified to be core to the culture of racial profiling and the emergence and practice of minority youth typification in the criminal justice system (Walker, 1977). While the number of minority youths incarcerated in the UK and Wales in the last three decades increased, the number of incarcerated white/majority has considerably gone down. Since historical times, youths from minority groups have consistently been over-represented at all the stages in the criminal justice system in the UK and Wales, the senior and the juvenile justice systems (Walker, 1992). In fact, this state of affairs has been confirmed by an analysis of the population representation of youths from minority ethnic and racial groups in the correctional facilities and other departments of the criminal justice systems of Wales and the United Kingdom (Pettit & Western, 2004). Among the identified causes of disparities in the processing of Blacks and Ethnic Minority (BEM) youths include institutional racism that begins in the juvenile justice systems and extends into the main justice system (Bobo & Thompson, 2006). The other factors are related to the environment, social settings, culture, language and family distinction. Additionally, drug abuse, declining/disproportionate resources, budget cuts and family dysfunction also cause the over-representation of minority ethnic groups in UK’s and Wales’s justice system (Walker, 1980). Importantly, there is lack alternative incarceration in the two countries. Fortunately, there have been a lot of efforts at correcting the over-representation of minority ethnic youths in UK’s and Wale’s justice system, particularly through the establishment of new legislations, policy changes, and youth oriented agencies such as the Youth Justice Board (YJB) (Kalra, 1996). Need for Reforms The need for changes and transformation is particularly emphasized by the ever-changing demographics in the UK and Wales, with newer ethnic groups migrating into the UK (Walklate, 2003). The changing demographics in Wales and the UK, due to the inflow of new ethnic groups from other parts of the world such as Eastern Europe and Africa, imply that the delivery of a safe community should rightly be a core concern of the government (Moulaertet al., 2003). To prevent and tackle the new and emerging criminal activities and disorderliness, services in the criminal justice system should change, not only on the basis of the planned developments but also by experiences (MORI, 2004). For example, the hate/racial-crime approach to tackling crimes should be replaced with an approach that promotes community engagement (Ministry of Justice, 2010). The Criminal Justice System and Black Minority Communities That Blacks and other ethnic minority people are substantially over-represented in as perpetrators as well as victims of crimes in the justice system of Wales and UK is an apparent fact that is not debatable (Serge & Buisson, 2011). This trend was first supported by researches carried out in the 1980s and 1990s in correctional facilities and other organs/institutions of the justice system in Wales and UK. Among the contributing factors to these disparities, more so towards the youth was the racist trends in the institutions of the justice systems in the UK and Wales (Case & Haines, 2009). The other reason cited in these earlier researches were the social and economic statuses of the minority groups. These socioeconomic statuses placed ethnic minority people such as the first and second generation black immigrants in environments that encouraged the flourishing of crime and other acts of disorderliness (Power & Wilson, 2000). Unfortunately, the actual trends and practices for the disparities in the justice systems of Wales and UK are yet to change, a scenario occasioned by the negative institutional inertias that have ensured the situation remains unchanged. Among these institutional forces that have prevented the equal representation of ethnic and racial groups in the justice systems of Wales and UK include the rejection of/reluctance to change (Yi, 2005). In addition, the place of minority groups within the criminal justice systems of Wales and UK has confusedly been described and characterised as natural perpetrators of crimes (The Carlile Inquiry, 2006). In fact, there are certain crimes with which criminal justice systems have identified the minority groups including robbery, rape and murder among other more serious crimes and acts of disorderliness (Brown, 1998). Although the ever-changing dynamics have been accompanied with new and different problems in the criminal justice system, old problems such as racism continue to bedevil the system. It is just that the contexts within which crimes, justice issues and disorderliness occur have largely changed (Zigler et al., 1992). Among these contexts are drug trafficking and misuse and immigrant experiences. Research Evidence of Over-Representation Many independent and government agencies have been involved in researching the subject of Black and Ethnic Minority (BEM) over-representation in Wales and England, including the Ministry of Justice, the Youth Justice Board, UNICEF and the House of Commons Home Affairs Select Committee among others. The fact that neighbourhoods in which black and ethnic minority youths live are more frequently policed implies that individuals from such areas are also similarly likely to be processed in the criminal justice system (Silver, 2007). In a Ministry of Justice report produced in June 2010, under Section 95 of the Criminal Justice Act, the statistics showed that youths from the Black and other minority ethnic groups in England and Wales are over-represented in the criminal justice systems of both countries. According to another survey, the British Crime Survey, youths of mixed racial or ethnic background were found to have higher risk of being victims of crime (35%) compared to those from other ethnic groups. In this regard, adults of Asian origin were found to have a higher risk (26%) than those of White ethnic background (23%) (House of Commons Home Affairs Committee, 2007). Also observed to be apparent in the criminal justice system by the British Crime Survey were the racist reports that were reported to be on the decrease between 2007/08 (55,862) and 2008/09 (58,445) (The UK Government, 2007). The disparities and over-representations in the justice systems of UK and Wales are also observable in the number of arrests and stops/searches. According to most surveys, blacks have been found to be stopped and searched more than Asians, mixed ethnicity and White people. Reportedly, black people experienced seven times more stops and searches in 2008/09 compared to White people and twice as many stops for mixed ethnicity people (UNICEF, 2007). This trend was observed in the entire UK, some areas reporting more police aggression towards ethnic minorities than even London. This scenario particularly resulted from the aggression and racial crime profiling of the more than forty two police force areas handling both minority and majority ethnic groups. Minority Ethnicity Issues in Crime Prevention and Community Safety The relationship between crime/disorderliness and minority youth has made the issue of the over-representation of minority groups in the criminal justice system. Central to tackling the issue of crime and minority youth in UK is the House of Commons Home Affairs Select Committee that has consistently published a report of its inquiry into Young Black People and the Criminal Justice System. These reports have particularly studied the relationship between young ethnic minority people and the criminal justice system in the England and Wales. Particularly, the reports target the reasons for the over-representation of minority ethnic youths in the criminal justice system (Righthand & Welch, 2004). To the recommendations of the reports of this House Committee, certain government responses have been forthcoming. The first among these government responses is the Runnymede Trust, an autonomous policy research group that emphasizes justice and equality by promoting successful, positive and productive multi-ethnicity. This trust also looks into and addresses the major causes of over-representation of ethnic and racial minorities in the criminal justice system in England. From the past and current studies, there has been established a clear link between the over-representation of ethnic minorities in the criminal justice system and the socioeconomic factors of the ethnic minorities in UK and Wales (Corston, 2007). The Socioeconomic factors Researches have shown that since time immemorial, addressing crimes and other criminal issues has been linked to the social and economic statuses of not only the victims but also the perpetrators of crimes and disorderliness (Sunga, 1997). For instance, evidences show that people born into poverty-stricken homes or neighbourhoods are more likely to victims and perpetrators of crime compared to those born in economically advantaged homes (Graham & Bowling, 1995). Unluckily, in the UK and Wales, just like in most Western countries, youths’ well-being and social exclusions are rarely assessed and the fact that a child’s or a youth’s well-being depends on his/her parents/community’s circumstance is rarely investigated. According to a UNICEF report in 2007, parental/communal health, educational level, involvement in crime, parental poverty, social class and socioeconomic statuses do not impact only on a children’s’ propensity to become a crime victim or an offender but also on their life chances (ADSS/LGA Youth Crime Group 2005). It is thus imperative that the government ensures young people from socioeconomically disadvantaged homes and ethnicities are kept away from crimes and other acts of disorderliness (Matt, 2005). The policies, strategies and legislations to these effects should therefore equally assess the impacts of parental and communal socioeconomic statuses and recognise the role of the family and the immediate community in addressing the ethnic and racial over-representation in the criminal justice system in Wales and UK. These police and strategies should also be driven across all the relevant departments to fully address all the causes and effects of the socioeconomic statuses on racial and ethnic crime profiling in UK and Wales (Macpherson, 1999). Importantly, there should be an observable increase in support, encouragement and other types of interventions not only for the minority youths but also their families, which have a central role to play in keeping them away from crimes and other acts of disorderliness (Feilzer & Hood, 2004). Macpherson (1999) also blames the rampant over-representation of minority ethnic youths in England and Wale’s justice system on the racism inherent in the police department. This racism has made black and other minority youths obvious target for law enforcement officers so much that by virtue of being black , one is regarded more highly likely to commit crimes. This has resulted to more black and minority youths being searched, seized, arrested, tried, and eventually incarcerated. On the other hand, since racial crime profiling does not target Whites and other majority ethnic groups, they are less suspected, arrested, or incarcerated, even in situations where they may be suspects or offenders. All the concerned governmental and non-governmental agencies involved in the criminal justice system should therefore welcome any action plan or intervention that recognises and addresses social exclusion and socioeconomic status and their impacts on minority over-representation in the criminal justice system (Standing Committee for Youth Justice, 2005). That is, the importance of one’s social context in exposing him/her to crime or criminal tendencies should be universally recognised and the necessary joint interventions undertaken (Fitzgerald et al., 2003). In fact, these policies and strategies targeting the over-representation of minority ethnic groups in the criminal justice system should be initiated at the early childhood stages, through the juvenile justice system to the main criminal justice system. These interventions are quite important if government policies seek to ensure that the youth from both minority and majority ethnic groups are involved in the mainstream social services such as health and education (Chambliss, 2001). So, instead of encouraging circumstances that may increase the youths’ chances of becoming criminals, government and non-governmental agencies should implement policies and plans that support minority youths to remain in the mainstream society. There must also be a culture of consultation among all the stakeholders in the juvenile justice system including the police, juvenile courts and children/youth right groups among others (Siegel, 2002). This cooperation should however extend even to youths or children leaving lawful custody after the completion of their sentences so that they do not indulge in more criminal activities (Holmes et al., 2001). That is, after leaving lawful custody, youths and children should be accorded further support such as jobs, counselling and accommodation for those who might be lacking such services. It should be evidently clear from real life experiences and studies that without the necessary support, monitoring, and care and counselling, youth offenders leaving lawful custody are more likely find it difficult to escape from the crime cycles (Eadie & Morley, 2003). It is therefore important that such youths are not re-exposed to the disadvantaged situations in which they could be propelled to act in a disorderly manner or to commit a crime. Addressing Regional and Local Factors In regard to the negative effects of the disparities in the criminal justice system, the easily identifiable risks between crime or crime rates and social status, economic status, deprivation and population changes should be addressed (The UK Government, 2007). It is thus imperative that those concerned use the most appropriate interventions to tackle the anti-social tendencies by which the minority youths may be predisposed to commit crimes and end up being processed in the criminal justice system (Farrington, 2002). To effectively apply a given approach to a particular locality, there is need for a comprehensive evaluation of the possible successes if an intervention is implemented. Actions plans against the over-representation of ethnic minorities in the criminal justice system must therefore recognise and address the localised effects of whatever strategies or proposals contained therein (Mulvey et al., 1997). This would prompt the stakeholders or developers of such action plans to work in collaboration with the local authorities whose mandate would not only be preventive in nature but would also entail the enforcement of the action plans (Neocleous, 2004). Importantly, the concerned local authorities should be thoroughly and appropriately trained and guided in the implementation of whichever action plan to be implemented. Also important in the implementation of action plans to eliminate or reduce the disadvantaged circumstances of minority youths is equality in the identification of the various needs of children, the youth and their socioeconomically disadvantaged families and neighbourhoods (Peetz, 2008). Conclusion The over-representation of ethnic minority groups, more so the youth, remains a thorny and hotly debated issue in the criminal justice systems of Wales and England. Fortunately, a lot of progress has been made regarding the reduction of the racial and ethnic stereotyping and profiling of minority ethnic groups, which are the main causes of the ethnic over-representation in England and Wale’s criminal justice system. Socioeconomic status and social exclusion are among the main causes of ethnic over-representation of minorities at all levels of the criminal justice system that governments and other relevant agencies and individuals continue to address. References ADSS/LGA Youth Crime Group (2005) Children in trouble matter: A discussion paper. Local Government Association. Applebaum, R. P., Carr, D., and Giddens, M. A. (2010) Introduction to sociology, third edition. W. W. Norton & Company. BBC. (2011) Rise in Ethnic Minority Young Offenders in Custody. Retrieved on February 17, 2012 from http://www.bbc.co.uk/news/uk-15455887 Bobo, L. D., and Thompson, V. 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