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Familial Paternalism in the Federal Courts?: Examining Gender, Race, Family Ties, and Offense Type

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Abstract:

Extensive research exists on gender and racial/ethnic disparities in sentencing. However, much of this research ignores or places a limited emphasis on the influence of offenders’ family circumstances on these types of disparities. In addition, most of this research focuses on municipal or state court data or pre-guidelines sentencing patterns, which limits the generalizability of the findings. The present study addresses this limitation by using Daly’s familial paternalism perspective as a theoretical framework for examining sentencing practices within the context of the federal sentencing guidelines. The analyses center on three research questions. First, do offenders’ family ties exert a direct effect on judges’ decisions to grant a downward departure? Second, does offense type affect judges’ considerations of offenders’ family ties? Third, if offenders’ family ties are relevant to judicial decision making regarding departure decisions, is their influence contingent on offenders’ race/ethnicity and gender? In answering these questions, I address the implications of the results for future research and sentencing policy.
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Association:
Name: ASC Annual Meeting
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http://www.asc41.com


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URL: http://citation.allacademic.com/meta/p276043_index.html
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MLA Citation:

Logue, Melissa. "Familial Paternalism in the Federal Courts?: Examining Gender, Race, Family Ties, and Offense Type" Paper presented at the annual meeting of the ASC Annual Meeting, St. Louis Adam's Mark, St. Louis, Missouri, Nov 11, 2008 <Not Available>. 2014-11-30 <http://citation.allacademic.com/meta/p276043_index.html>

APA Citation:

Logue, M. A. , 2008-11-11 "Familial Paternalism in the Federal Courts?: Examining Gender, Race, Family Ties, and Offense Type" Paper presented at the annual meeting of the ASC Annual Meeting, St. Louis Adam's Mark, St. Louis, Missouri <Not Available>. 2014-11-30 from http://citation.allacademic.com/meta/p276043_index.html

Publication Type: Roundtable Paper
Abstract: Extensive research exists on gender and racial/ethnic disparities in sentencing. However, much of this research ignores or places a limited emphasis on the influence of offenders’ family circumstances on these types of disparities. In addition, most of this research focuses on municipal or state court data or pre-guidelines sentencing patterns, which limits the generalizability of the findings. The present study addresses this limitation by using Daly’s familial paternalism perspective as a theoretical framework for examining sentencing practices within the context of the federal sentencing guidelines. The analyses center on three research questions. First, do offenders’ family ties exert a direct effect on judges’ decisions to grant a downward departure? Second, does offense type affect judges’ considerations of offenders’ family ties? Third, if offenders’ family ties are relevant to judicial decision making regarding departure decisions, is their influence contingent on offenders’ race/ethnicity and gender? In answering these questions, I address the implications of the results for future research and sentencing policy.


Similar Titles:
Gender Disparities in Sentencing Departures: An Examination of U.S. Federal Courts

The Effect of Recent Supreme Court Decisions on Race and Gender in Federal Sentencing

The Intersections of Race, Gender, and Inequality on Juvenile Court Outcomes: A Contextual Examination

Race, Gender and Ethnicity: A Study of the Canadian Federal Court and Immigration Appeals

Race, Gender and Neighborhood Differences in Youth and Family Perceptions of a Juvenile Drug Court


 
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