Development and Validation of a Tool to Measure Relative Disadvantage and Disproportionate Risk of Criminal-Legal System Involvement

Few studies examine the role of structural racism as a driver of racial disparities in the criminal-legal system, likely owing to the lack of validated measures. We developed a tool to measure relative disadvantage as it relates to disproportionate likelihood of criminal-legal system involvement. We used exploratory (EFA) and confirmatory (CFA) factor analysis to develop and validate full- and short-form versions of the Relative Disadvantage Tool in two quota samples of U.S. adults (<i>N</i> = 510 and <i>N</i> = 209). EFA results showed a 4-factor solution with 20 items representing distinct domains: early criminal-legal system exposure; early relationships; perceptions of systemic barriers; and socioeconomic well-being. CFA results confirmed the factor structure across both tools and samples. Findings supported the construct and criterion validity of both tools. Use of the tool in research and practice may advance understanding of drivers of disparities and promote equitable decision-making in the criminal-legal system.