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CONCLUSION
Confronting and dismantling the constellation of factors that contribute to the racial and ethnic disparities in the waiver of black youth to New Jersey’s adult criminal justice system requires transparency, comprehensive data, training, and oversight. Ultimately, eliminating the waiver of youth to the adult criminal justice system is the only way to ensure that historical, structural, and implicit bias do not continue to negatively impact youth of color. Until waiver is eliminated, system stakeholders and legislators must take steps to address the factors that contribute to these disparities. While addressing factors like implicit bias seem daunting
there is research to suggest that it is not impossible. Implicit negative biases are not innate; rather, they are developed from society’s culturally accepted preferences. It is therefore reasonabletopropose,“ifimplicitattitudesandstereotypes can be learned, ... they can also be unlearned or inhibited by equally well-learned countervailing influences through extensive retraining.55 Transparency, data, training, and policies that acknowledge the historical and structural impact of race on waiver decisions can help shift the consciousness of key system stakeholders.
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