Discussion 7

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Processing and sentencing of

female offenders

SECTION IX

Mallicoat, Women and Crime: A Text/Reader 2e

Introduction

Gender bias in formal processing
Chivalry hypothesis (lenient)
Reluctance to criminalize women
Reinforces inequality
Evil woman hypothesis (harsh)
Punished for breaking socialized norms of gender-role expectations

Mallicoat, Women and Crime: A Text/Reader 2e

Introduction

Five themes in assessing effects of chivalry
Stage of criminal system
Race and ethnicity of the offender
War on drugs and its effect for women
Effects of legal and extralegal characteristics
Effects of sentencing guidelines on judicial decision making

Mallicoat, Women and Crime: A Text/Reader 2e

Stage of the Criminal Justice System

Research tends to focus on only one stage
Police discretion
Girls less likely to be investigated for serious delinquency
Women receiving chivalrous treatment from male officers during traffic stops
Female officers are more likely to issue citations
Age, race, and behavior are also important
Girls more likely to be arrested in cases of family violence
Harsh treatment for being outside gender norms

Mallicoat, Women and Crime: A Text/Reader 2e

Stage of the Criminal Justice System

Pre-trial Stage: Discretion of Prosecutor
Research indicates more lenient treatment for women
Receive either no charges or charge-reductions
Research is mixed as to whether gender impacts decision making at the pre-trial stage
Most important factors are seriousness of crime and criminal history

Mallicoat, Women and Crime: A Text/Reader 2e

Stage of the Criminal Justice System

Pre-trial Release
Least studied stage
Women less likely to be detained, controlling for offense type/severity and criminal history
Women viewed as less dangerous and have significant ties to the community
Women are 30% less likely than men to be detained and receive lower bail amounts
Officials are more lenient to white women than women of color
Women of color are less likely to post bond

Mallicoat, Women and Crime: A Text/Reader 2e

Stage of the Criminal Justice System

Sentencing
Women are less likely to recidivate
If women receive lenient treatment during pre-trial stage, they are likely to receive lenient sentences
Seen as better candidates for probation
Gender differences in jail sentences but not prison sentences
Offense type impacts the relationship between gender and sentence length

Mallicoat, Women and Crime: A Text/Reader 2e

Race Effects

African American women punished more harshly
Racial bias
Levels of offending
Although white women represent the majority, there is an overrepresentation of women of color in prison
Female drug offenders in the federal prison system are predominately African American
All women receive preferential treatment compared to men of color
Differences may be based on economics and not race

Mallicoat, Women and Crime: A Text/Reader 2e

Race Effects

Indirect effect of race
Legal and extra-legal factors
Prior convictions
Ties to the community
Leniency at sentencing to remedy biased decision making at earlier stages
Out-of-home placements as child saving for white girls
The impact of skin tone
“Light skinned” black women are more likely to receive leniency at sentencing

Mallicoat, Women and Crime: A Text/Reader 2e

Race Effects

Limitations of research on race
Most studies focus on white and black women, some incorporate Hispanic females
Few studies on Asian Americans, Native Americans, or Pacific Islanders
Lack of a bi-racial or multi-racial category

Mallicoat, Women and Crime: A Text/Reader 2e

War on Drugs

Nixon and Reagan administrations
Anti-Drug Abuse Act
Users at greatest risk for arrest and imprisonment
“Tough,” mandatory sentences
Disparity in sentencing between offenses involving cocaine and crack-cocaine
Fair Sentencing Act (2010) reduced disparity to 18 to 1

Mallicoat, Women and Crime: A Text/Reader 2e

War on Drugs

Prior to the War on Drugs, drug offenders generally received community-based sanctions
Elimination of judicial discretion left judges unable to consider roles played by women
Women of color most affected by more punitive sentencing practices
Rise of meth use among women
“Pink collar crack”
Increases in convictions and sentence length

Mallicoat, Women and Crime: A Text/Reader 2e

War on Drugs

Between 1986 and 1991, incarceration rates of women increased 433%, compared to a 283% increase for men
Women are generally users as sexism often prevents them from being mid- or high-level mangers in the drug market
Women are likely to turn to prostitution to support their habit
Created an economy whereby the value of sexual services has significantly decreased
Courts are overloaded with cases and prisons are overcrowded but the drug trade has not been stemmed
Significant impact on families and communities

Mallicoat, Women and Crime: A Text/Reader 2e

Effects of Legal and Extralegal Factors

It is important to control for mediating factors such as
Offense severity
Criminal history
Levels of victim injury
Culpability of the offender

Mallicoat, Women and Crime: A Text/Reader 2e

Effects of Legal and Extralegal Factors

Women more likely to be detained for property offenses whereas males more likely to be detained for drug offenses

Prior detention increased likelihood of being detained for both males and females but more so for females

Men more likely to be incarcerated for lesser offenses

Differences vary by jurisidiction

Mallicoat, Women and Crime: A Text/Reader 2e

Effects of Legal and Extralegal Factors

Extralegal Factors
Type of attorney
Ability to hire a private attorney increases likelihood of pretrial release and is linked to ability to afford bail
Ties to the community (family life)
Women with dependent children are less likely to face prison time
Social costs: not gender, but concern for family
Single parenthood and pregnancy as rationale for reduced sentences
Can also benefit males who are the primary caregiver

Mallicoat, Women and Crime: A Text/Reader 2e

Impact of Sentencing Guidelines

Wide judicial discretion led to a lack of consistency in sentencing
Retributive philosophy returned in the 1970s
Sentencing guidelines instituted to regulate sentencing practices and eliminate bias
Sentencing Reform Act (1984) led to the implementation of the federal sentencing guidelines in 1987
Only factors to consider are offense type, presence of aggravating or mitigating circumstances, and criminal history
Criticized for being too rigid and harsh

Mallicoat, Women and Crime: A Text/Reader 2e

Impact of Sentencing Guidelines

Guidelines led to more women going to prison for longer periods of time
Led to abolishment of parole at the federal level and in many states (“truth in sentencing”)
Disparities based on gender and race continue to exist

Mallicoat, Women and Crime: A Text/Reader 2e

Impact of Sentencing Guidelines

Minnesota

Retributive philosphy

Dependent children as a mitigating factor producing an indirect effect for preferential treatment of women

Ohio

Allows for increased judicial discretion

Categorization of felony crimes

Broad sentencing range for each category

Decreases in prison sentences and length of sentences

Decreases in racial disparity

Mallicoat, Women and Crime: A Text/Reader 2e

Impact of Sentencing Guidelines

Pennsylvania
Allows for rehabilitation, deterrence, and incapacitation
Increased judicial discretion
Guidelines were found to not have an effect on reducing levels of gender disparity
Critics of gender-neutral sentencing
Guidelines negatively impact women
Unique needs are not considered
Have led to increased sentences for men and women

Mallicoat, Women and Crime: A Text/Reader 2e

International Perspective

China
Paternalism leads to gender disparities
Need to protect women leads to sentence reductions
Women receive less punishment for drug trafficking and lesser offenses
Behavior before the court is an important factor
No preferential treatment in more serious cases, specifically those involving a potential death sentence

Mallicoat, Women and Crime: A Text/Reader 2e

International Perspective

South Korea
Chivalry present; men more likely to be sent to prison and to serve long sentences
In methamphetamine cases, prison time is likely for both males and females but males serve longer sentences
South Taiwan
Women offenders are expected to demonstrate a submissive and apologetic demeanor (legal variable)

Mallicoat, Women and Crime: A Text/Reader 2e

International Perspective

Finland
Greater level of gender equality in general leads to no preferential treatment for women controlling for legal variables and social factors
Australia

Unique extralegal factors considered such as history and politics

Indigenous persons, regardless of gender, receive preferential treatment, although stronger for females
Consider risk to community and context of the offender’s life

Mallicoat, Women and Crime: A Text/Reader 2e

Conclusion

Presence of chivalry linked to gender-role expectations
Punishment for violating these expectations
Gender equality ≠ Sameness
Receiving preferential treatment may lead to a reduction in social status

Mallicoat, Women and Crime: A Text/Reader 2e

Reading 17

Sentencing Literature
Focal Concerns Theory
Blameworthiness
Dangerousness
Practical Constraints
Demographic characteristics are used to shape focal concerns
Current Literature
Literature Review
Pre-Trial Release

Mallicoat, Women and Crime: A Text/Reader 2e

Reading 17

Gender and Pretrial Release
Race-Gender-Age Effects and Pretrial Release
Previous studies
Methods
Variables
Results
Discussion

Mallicoat, Women and Crime: A Text/Reader 2e

Reading 18

Federal Sentencing Guidelines
Gender and Sentencing Literature
Treatment of women has not been static in the U.S.
Female offenders are less likely to be arrested and often sentences more leniently than similarly situations male offenders
Familiar Responsibility Literature
Females who are married or have children receive more leniency

Mallicoat, Women and Crime: A Text/Reader 2e

Reading 18

Theoretical Framework and Research Expectations
Expectations
Guided by focal concerns
Data and Method
Variables
Results
Statistics
Independent Effects on Gender
Main Effects Model by Gender
Discussion and Conclusions

Mallicoat, Women and Crime: A Text/Reader 2e