Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio

• NCJ Number: 216611
• Journal: Criminology Volume: 44 Issue: 4 Dated: November 2006 Pages: 893-923
• Author(s): Timothy Griffin; John Wooldredge
• Date Published: November 2006
• Length: 31 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examined sex-based differences in prison sentences and length of incarceration for felony defendants from 24 jurisdictions in Ohio both before and after Ohio’s sentencing guidelines were implemented.

Abstract

Results indicated no evidence of leniency toward female defendants in general during the conviction stage. African-American women were not treated more severely than their White counterparts during the conviction stage either before or after the guideline implementation and all females involved in drug offenses were actually less likely to be convicted on felony charges pre-guidelines. On the other hand, the imprisonment analysis revealed evidence of chivalrous treatment toward women in general during both periods. Interestingly, in the period pre-guidelines, convicted female drug offenders were not treated more harshly yet during the post-guidelines period they were more likely to be imprisoned. Additionally, there was no evidence of leniency toward women with dependent children during either period and, in fact, during the pre-guidelines period, women with dependent children actually received longer prison sentences, as did Black women. These disparities were reduced following the implementation of sentencing guidelines. Research methods involved systematic sampling of prosecutors’ case files within 24 jurisdictions in Ohio during the periods July 1995 through June 1996 (pre-guidelines) and January 1997 and December 1997 (post-guidelines). This sampling technique yielded 3,951 convicted felons to include for the analysis of imprisonment and another 1,963 imprisoned felons for the analysis of sentence length. Variables under analysis included case outcome in terms of conviction and sentence, demographic information, legal predictors such as types of crime, substance abuse history, juvenile incarceration, court’s attorney, and pretrial incarceration. The analysis focused on the possible effects of a defendant’s sex on the odds of a felony conviction, the odds of imprisonment for convicted felons, and the length of imprisonment for felony offenders. Future research should further explore the conditions under which female defendants do and do not receive leniency from the court. Tables, footnotes, references