Juvenile justice sentencing: Do gender and child welfare
involvement matter?
Christina C. Tam
a,
⁎, Laura S. Abrams
a
, Bridget Freisthler
a
, Joseph P. Ryan
b
a
Department of Social Welfare, University of California, Los Angeles, United States
b
School of Social Work, University of Michigan, United States
abstract article info
Article history:
Received 30 October 2015
Received in revised form 28 February 2016
Accepted 28 February 2016
Available online 2 March 2016
For young people who come into contact with the juvenile justice system, how they are sentenced following an
arrest may profoundly influence the course of their development and adjustment as adults. Much of the research
to date has focused on racial and ethnic disparities in juvenile justice sentencing policies and practices, and less is
known about sentencing disparities based on other youth characteristics. Using Los Angeles County administra-
tive data, this study investigates the effects of gender and child welfare statuses on sentencing for young people
who are arrested for the first time (N = 5061). Results indicate that both young men and women are sentenced
more harshly dependent upon the disposition, such that girls were more likely to be sentenced to group homes
compared to boys, but boys were more likely to be sentenced to correctional facilities compared to girls. Child
welfare-involved youth with a recent placement history are prone to more punitive sentences compared to
their non-child welfare counterparts. Further, child welfare young women were not more likely to be sentenced
to a harsher disposition compared to child welfare young men or non-child welfare young women. Implications
for practice and future research are discussed.
© 2016 Elsevier Ltd. All rights reserved.
Keywords:
Juvenile justice
Sentencing disparities
Gender
Child welfare
Crossover youth
1. Introduction
Adolescence is a critical stage of development during which pro-
found physical, emotional, and social transitions occur. For young peo-
ple who come into contact with the juvenile justice system, their
interactions with the juvenile court and, in particular, how they are sen-
tenced following an arrest may greatly influence the course of their
development and adjustment as adults (Aizer & Doyle, 2013; Bullis &
Yovanoff, 2006; Chung, Little, & Steinberg, 2005).
Although rates of juvenile incarceration in the United States (U.S.)
declined over 40% in the past 15 years, there are still over 1.2 million mi-
nors handled annually in juvenile court (Sickmund, Sladky, & Kang,
2014). Among these cases, 31.1% are dismissed, 36.1% result in a proba-
tion sentence, 23.8% receive an “other” type of sentence, such as restitu-
tion or community service, and 7.8% are sentenced to an out-of-home
placement (Sickmund et al., 2014). When youth are shuffled further
into the system (i.e., sentenced to an out-of-home placement), they
are more likely to recidivate, have lower educational and vocational at-
tainment, and to experience a host of additional negative consequences
(Aizer & Doyle, 2013; Mendel, 2011). Harsher sentencing contributes to
recidivism even upon a first arrest (Ryan, Abrams, & Huang, 2014).
Hence, sentencing policies and practices are critical to preventing the
harm associated with out-of-home stays and lengthy incarceration.
Sentencing disparities refer to systematic differences for certain
groups (e.g., race/ethnicity, gender) in judicial decisions for similar
crimes. Much of the research to date has focused on racial and eth-
nic disparities in juvenile justice sentencing policies and practices
(e.g. Bishop, Leiber, & Johnson, 2010, Moore & Padavic, 2010, Rodriguez,
2010). However, less known about other factors, including gender and
child welfare status, that may also contribute to sentencing disparities
among vulnerable groups of young people. Using Los Angeles County ad-
ministrative data, this study builds upon this disparities research and in-
vestigates gender and child welfare status, both alone and in conjunction,
as risk factors for receiving harsher sentences while controlling for crime
type.
1.1. Sentencing disparities among juvenile justice youth
Empirical research on disparities in juvenile justice sentencing has
focused largely on race and ethnicity. Investigating racial and ethnic dis-
parities is crucial given the disproportionate representation of minori-
ties within the juvenile justice system. While Black youth comprised
16% of the total juvenile population in the U.S. in 2002, they comprised
29% of those referred to juvenile court (Kempf-Leonard, 2007). Further,
Black and Hispanic youth were nearly five times and two times,
respectively, as likely to be incarcerated as White youth (Bishop,
2005). Racial disparities in sentencing continue to pervade the juvenile
Children and Youth Services Review 64 (2016) 60–65
⁎ Corresponding author.
E-mail addresses: christinatam@ucla.edu (C.C. Tam), abrams@luskin.ucla.edu
(L.S. Abrams), freisthler@luskin.ucla.edu (B. Freisthler), joryan@umich.edu (J.P. Ryan).
http://dx.doi.org/10.1016/j.childyouth.2016.02.028
0190-7409/© 2016 Elsevier Ltd. All rights reserved.
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