Theoretical Interpretations of Social Class and Racial Differentials in Legal Decision-Making for Juveniles

Abstract

This paper examines three theoretical interpretations of the frequently observed relationship between social class, race and legal decision-making for juveniles. The literature provides only weak evidence of a social class differential, particularly at arrest and judicial decisions, but provides clear and consistent evidence of a racial differential operating at each decision level. Moreover, the differentials operate continuously over various decision levels to produce a substantial accumulative racial differential transforming a more or less heterogeneous racial arrest population into a homogeneous institutional black population. The importance of regarding legal decision-making for juveniles as a process is suggested. For the most part no one theoretical interpretation of this differential is supported by the literature. Controlling for the explanatory conditions suggested by either the legal, interactionist, or conflict perspective leaves a substantial portion of the observed differential unexplained.