Racial Bias in Washington's Juvenile Justice System

In Washington, a law passed in 2018 aimed to reduce the number of children charged as adults. This law was a response to the fact that kids of color were more likely to face adult charges than white children. By 2023, the number of kids charged as adults had dropped by more than half, and transfers to adult court had decreased by over 80%. However, a significant issue remains: white children are still far less likely to be transferred to adult court compared to children of other races. In 2023, 83% of all children charged as adults were not white. Advocates and lawmakers have pointed out a persistent pattern: Black, Native American, and Latino youths are more likely to be transferred to adult court, face harsher penalties, and have records that follow them into adulthood. For Native Americans, this has resulted in hundreds now serving time in adult prisons for crimes committed before they turned 18. These disparities exist both in cases where state law mandates adult charges and when it's left to a county prosecutor's discretion. Research has shown that racial disparities persist even when other factors are accounted for. For example, out of 28 cases involving white children charged with first-degree assault or second-degree assault with a deadly weapon, none were charged in adult court. In contrast, 28% of similar cases involving Black and Latino youths resulted in adult charges. This suggests that the racial disproportionality is a result of systematic bias, not random chance. Some lawmakers argue that the disparities are due to racism and intentional systems issues that have never been corrected. However, prosecutors note that existing statutes make it difficult to retain jurisdiction over homicide cases, which are automatically transferred to adult court for 16- and 17-year-olds. They also point out that it's difficult to draw firm conclusions from such a small sample size. The adult court system is set up differently than the youth court system. Juvenile court focuses on addressing the unique rehabilitation and development needs of children, aiming to reintegrate them into society while minimizing the risk of reoffending. Advocates argue that subjecting teens and young adults to the adult court system can traumatize them for life, negatively impacting their chances of success and avoiding reoffending. Families are not encouraged to be part of the process in adult court the same way they are in juvenile court, which causes significant stress. The overwhelming majority of children who are charged in adult courts have experienced severe trauma. A report shows that nearly 90% of children charged as adults reported being victims of child abuse, with an average age of abuse onset of just 5 years old. Research shows that Black children and other kids of color are often perceived as more adult-like and less innocent than white kids, sometimes as young as 5 years old. This perception can influence charging and sentencing decisions. Automatic transfers to adult court take into account age, the type of crime alleged, and criminal history. Even with more limits on what charges qualify for automatic transfer, racial disparities persist since youths of color are charged with more severe crimes than their white peers. Existing data shows that charging kids in adult court doesn't decrease their chances of recidivism. Research found that youths tried as adults are more likely to reoffend and face longer incarceration compared to those sentenced to time in a juvenile incarceration facility or offered diversion. Children who are convicted in adult court do not retain the same privacy protections that they get in the juvenile system, leaving their records accessible by future employers, bank lenders, and schools. Some advocates would like to ban the practice of charging children as adults altogether, except in cases of aggravated murder. However, this idea faces significant opposition from groups representing law enforcement. Prosecutors are not dismissing the idea totally, noting that it could make their jobs easier. Before the practice was banned in 2023, Washington was one of a few states that allowed juvenile offenses to be factored into adult sentences. Some lawmakers are working to reduce sentences for adults whose time incarcerated was automatically lengthened through the point system. These proposals have faced repeated opposition from law enforcement groups, victim advocates, and Democratic lawmakers. The majority of those incarcerated whose sentences were extended through the points system are people of color. Indigenous adults are especially likely to be serving longer sentences, and over 40% of Native people incarcerated in Washington have at least one juvenile felony on their record that has impacted their adult sentencing. State Rep. Chris Stearns, a citizen of the Navajo Nation, is the primary sponsor behind legislative efforts to eliminate the use of juvenile points, including ongoing efforts to retroactively adjust sentences for cases that have already been adjudicated. Police and prosecutors groups have repeatedly come out against reform to the juvenile points process. Law enforcement officials have said that those impacted by juvenile points are repeat offenders who have proven their propensity to commit crimes. They argue that the bills fail to take a victim-centric approach that considers the impact on victims during a resentencing process. After the 2018 legislation to limit the types of charges that can be transferred to adult court, law enforcement groups argued that those who are charged as adults are solely violent offenders accused of serious crimes like murder and rape. Democrat Rep. Lauren Davis, who once voted in favor of reforms to the juvenile court system, has walked back support, saying the changes came at the expense of juvenile crime victims. Goodman estimates around 1, 000 people could be impacted by a retroactive removal of juvenile points, and that around 40% of those impacted would be Native American. Many would have years shaved off of their prison sentence or even be released. Such a law would actually save the state millions of dollars from the incarcerated people who would be released, he said. Others disagree, pointing to the cost of the resentencing process. Trudeau said she is also committed to talking about the retroactive juvenile points legislation until she’s “blue in the face. ” “It’s just so obviously racist, ” she said. But she doubts the retroactive bill will have enough support in the Legislature this year to advance.