Disproportionate Minority Contact in the Land of Enchantment: Juvenile Justice Disparities as a Reflection of White-Over-Color Ascendancy

Abstract

This article provides an overview of disproportionate minority contact in the state of New Mexico by focusing on the Office of Juvenile Justice and Delinquency Prevention's identification phase. Statewide Relative Rate Index data of 9 decision points in the juvenile justice system were used to explore patterns of disparity for 7 years (2002–2008). New Mexico is 1 of 4 states considered to have a proportion of racial and ethnic minorities that surpasses the non-Hispanic White majority. Resident identities have been shaped by more than 400 years of history with several countries, presenting an opportunity to explore critical race theory's tenet of White-over-color ascendancy. Similar to in other states, Blacks and Hispanics were overrepresented in the juvenile justice system. Native Americans encountered mixed levels of over- and underrepresentation, whereas Whites were underrepresented in all but 1 decision point. According to these data, the numerically smaller White population continues to benefit from both psychic and material advantage in the Land of Enchantment.

KEYTERMS:

• Disproportionate minority contact
• juvenile justice
• revisionist history
• minority delinquentization
• White diversion
• majority minority

Notes

1. Deciding which term to use to identify the mixed Spanish and indigenous population in New Mexico is difficult task. Gómez (2007) used the term Mexican, Gonzales (2001) Hispano, Montgomery (2002) Spanish American or Hispano-Americano, and Nieto-Phillips (2004) nuevomexicanos. The negative history of the word Hispanic made the first author reluctant to use it, but the term is closer to Hispano, which matches the preferred identity for many residents in the state. Contemporary language favors Latino over Hispanic, but this label does not match the historical identity. Hispanos identified more with their Spanish blood for power and for attempting to claim a White identity rather than with their Native American bloodlines to prevent being considered non-White.

2. In this article, White and non-Hispanic White are often used interchangeably. As is demonstrated in the history, despite being given a White racial classification, Hispanics were not given equal treatment or seen as White by Anglos who moved into the area. See Haney-López's White by Law and Racism on Trial in addition to Gómez's (2007) Manifest Destinies.

3. Order determined by population size in New Mexico.

4. The rates of juvenile arrests were calculated per 1,000 population. The referral to court rate was calculated per 100 juvenile arrests. Rates of cases diverted, cases involving secure detention, and cases petitioned were calculated per 100 referrals. Rates of cases resulting in delinquent findings and cases transferred to adult court were calculated per 100 petitions. Rates of cases resulting in probation placement and in confinement in secure juvenile correctional facilities were calculated per 100 youth found delinquent.

5. Three racial categories (Asian, Native Hawaiian and Pacific Islander, and racially mixed) were such a small proportion of the population in New Mexico over the 7-year period analyzed (2002–2008) that a detailed analysis of each of these groups is not provided in this article. The RRI tool encourages evaluation for populations greater than 1% of the population. The Asian youth population in New Mexico has grown, although they still make up a very small part of the population, from 0.77% of the population of youth aged 10 to 17 to 1.13%. The trend for Asian youth shows that they have not experienced DMC. The small numbers in the population led to an even smaller number of referrals. They have lower arrest rates than other minority youth in the state. The other decision points indicate underrepresentation or no DMC. Native Hawaiian and Pacific Islander youth have consistently been less than 1% of the youth population aged 10 to 17. They have very small numbers and there were no signs of DMC affecting these youth. A few census reports based on the CYFD data did not list Native Hawaiian or Pacific Islanders, yet a smaller number were found in the arrest category. Self- or practitioner-defined racially mixed youth account for a very small number of the population (less than 1%), and there were no significant RRI rates consistently available for this population.