Second Chances on the Bench: How Black Judges Are Fighting for Black Youth
In a system that criminalizes Black children early, judicial discretion can mean the difference between the prison pipeline and possibility.
In a recent high-profile case in Texas, a Black judge drew attention for lowering the bond of Karmelo Anthony, a Black teenager charged with fatally stabbing a white student during an altercation earlier this month. While the case is still unfolding, what stood out to many was the judge’s acknowledgment of Anthony's youth and lack of prior offenses. While many courts might have handled the case punitively and without pause, this judge took a step back—considering not just the charges, but the child behind them.
In a country where Black youth are disproportionately punished by both schools and courts, this moment serves as a reminder that who sits on the bench can shape what justice looks like. A Black judge’s discretion can be the difference between a young person being swallowed by the system—or being given a second chance.
Delvin Davis, a Senior Policy Analyst at the Southern Poverty Law Center (SPLC), sees this firsthand in his research on juvenile justice, particularly in the South.
“When you have a Black judge, they may have discretion over whatever your outcome is as a teenager. That does matter,” Davis said. “It’s someone that can be sympathetic or understanding of what a Black child might be going through.”
That understanding can rewrite outcomes for Black youth, where second chances are rare—unless someone in power chooses to see them as more than a record, a file, or a statistic.
And in many cases, that someone is a judge.
Recent Cases, Same System
Despite Black judicial progress, the system remains brutal for many Black kids. Across the South, Black youth are overrepresented at every stage of the pipeline and lead the nation in harsh juvenile justice outcomes.
According to SPLC’s Only Young Once reports, in states like Alabama and Mississippi, Black kids were suspended from school roughly once every fifteen minutes during the 2017–2018 school year—an alarming pace that fueled their disproportionate entanglement with courts and juvenile justice.
In Alabama, 17-year-old Djovani Jean-Pierre was held for over six months in an adult jail after being charged with assaulting a school resource officer—despite no prior criminal history and federal protections intended to prevent youth incarceration alongside adults. And in Houston, between August and December 2024, nearly 40 minors were detained for alleged threats of mass violence.
Davis ties modern examples back to the enduring legacy of the superpredator myth, a 1990s-era theory that falsely predicted a tidal wave of violent crime led by inner-city Black youth. Although the myth has been thoroughly debunked and youth crime rates have dropped by over 80% since 2000—Black students remain disproportionately criminalized, suspended, and jailed.
“Even though the data proves Black children are not more prone to be criminals, the social-cultural fear of Black children is still there,” Davis says. “Whether it’s 1994 or 2024, the ability to create punitive laws off of that fear remains.”
Rerouting the System: Where Change Begins
Across the country—especially across the South—the numbers tell a grim story.
In Georgia, where Black students make up just 34% of the student body, they account for over half of all suspensions, expulsions, and alternative school assignments. Without intervention, these early punishments often serve as the first step into the justice system. In Florida, prosecutors have broad authority to charge minors as adults. As of 2024, 63% of youth transferred to adult court in the state were Black, despite Black youth comprising just 22% of the state’s youth population.
Davis emphasizes that judicial discretion, diversionary programs, and a shift in cultural attitudes toward youth are all essential in breaking the cycle of crime. Further highlighting these systemic disparities, SPLC’s 2024 report found deep racial gaps in school discipline and youth incarceration practices across the South.
The findings show that in Alabama, until new legislation was passed in April 2024, students could be expelled without a guaranteed due process hearing—a practice that overwhelmingly impacted Black youth. Due process reforms, Davis says, are critical because once a child enters the system, the odds are stacked against them.
“Culture eats policy for breakfast,” Davis said. “Even reform-minded judges are pushing uphill if the dominant narrative still sees Black children as threats instead of children needing support.”
Diversionary courts, like the one established in Clayton County, Georgia, show the potential when judges lead differently. Instead of automatic criminal charges, youth facing minor offenses are routed into programs focusing on counseling, education, and mentoring, giving kids a real shot at school and life—and saving folks a whole lot more than it costs to throw a child behind bars.
Black Judges Offering a Different Vision
Thankfully, a growing number of Black judges across the South are working to change that narrative from the bench.
In Dallas, Texas, Judges Shequitta Kelly, Amber Givens, Lisa Green, and Stephanie Mitchell launched the Pipeline to Possibilities program, bringing students into courtrooms not as defendants, but as learners. They teach youth about the legal system and show them that the justice system doesn’t have to be a trap—it can be a tool for empowerment.
Their work reflects a national shift fueled by President Biden’s historic appointment of over 60 Black judges last year, including more than 40 Black women, which has rewritten the landscape of judicial leadership across the country.
"It’s about getting accountability without traumatizing a kid," Davis said. "It’s about keeping them connected to community, to education, to hope."
Black judges are modeling what a second chance can look like and proving that when we choose to see Black youth fully, we don’t just change one outcome—we change everything.
13 & South is a new publication covering news, investigative stories, and insights on social justice, policy, and systemic inequities impacting Southern Black communities. I value your insights, and feedback and invite your perspectives to contribute to future issues. Please feel free to contact me here or follow me on my socials! LinkedIn, Twitter, IG, BlueSky, and Threads.
Great article