For centuries, institutional incarceration has been a core component of how those holding power in society have approached the control and sublimation of certain groups of people deemed inferior and, as such, dangerous. After the Civil War and formal abolition of slavery, Southern states passed “Black Codes” - vaguely worded laws criminalizing unemployment, poverty, and everyday activities like walking at night for Black people.

This legislated continued subjugation of Black people; after conviction for violating “Black Codes,” the incarcerated were subjected to involuntary servitude and forced hard labor as punishment. This criminalization has only evolved in the recent past, as legal campaigns targeted “dangerous Black youth” with longer sentences, mandatory minimums, three-strikes laws, and other punitive sanctions for crimes more heavily enforced in marginalized communities.

Today, our prison system continues to impact poor people of color most, as the compounding effects of race and poverty, coupled with legacies of racism and enslavement inherent to the criminal justice system, continue to shape justice practice. The school setting is no exception, where “justice” is meted out differently to white and non-white students. While white students’ misbehavior is typically handled informally, Black and brown students are often arrested and charged with delinquency. In general, young people of color are more heavily surveilled, resulting in more displacements from school and home.

Personal, systemic, and structural racism drive racial inequities in the youth justice system. While most people are familiar with personal racism - attitudes, conscious or unconscious, that affect our perceptions of others based on their perceived racial identity - systemic and structural racism often feels more opaque. Systemic racism relates to how youth justice system policies and practices perpetuate disparate impact by race. Differential enforcement for offenses of similar severity (crack versus powder cocaine mandatory sentences), and sentencing (white youth are more likely to be sentenced to diversionary programs than Black and Brown youth) are examples of systemic racism. Lastly, structural racism refers to how historical marginalization has reduced socioeconomic opportunity for many individuals in Black and Brown communities. Racial inequities embedded in public systems like education, child welfare, social services, and others contribute to the sparse social safety net upon which said communities have to rely.