NCJ Number
65724
Date Published
1979
Length
254 pages
Annotation
IN EXAMINING HOW FEMALE DEFENDANTS ARE PROCESSED THROUGH THE CRIMINAL COURT SYSTEM IN CONTEMPORARY AMERICA, THIS STUDY EMPHASIZES THE RELATIONSHIPS EXISTING BETWEEN WOMEN'S SOCIAL CHARACTERISTICS AND CRIMINAL DISPOSITION.
Abstract
DATA ON THE SOCIAL AND LEGAL CHARACTERISTICS OF FEMALE OFFENDERS (APPROXIMATELY 1,000 CASES) WERE GATHERED FROM AN ADULT PROBATION DEPARTMENT IN A MID-SIZE COUNTY IN NORTHERN CALIFORNIA. THE NUMBERS OF LOWER-CLASS AND BLACK RESIDENTS IN THE COUNTY PROVIDED AN ADEQUATE DISTRIBUTION FOR OBSERVING VARIATION IN RACE. A LITERATURE REVIEW EMPHASIZES THE CONTINUITY AMONG WORKS DEVOTED TO THE FEMALE OFFENDER THAT PUT FORTH MOTIVATIONAL EXPLANATIONS FOR HER BEHAVIOR. DEPARTING FROM THOSE EXPLANATIONS, THIS STUDY DRAWS ON THE EMPIRICAL TRADITION OF THE SOCIOLOGY OF LAW. IT EXAMINES SENTENCING DISPARITIES WITHIN OFFENSE CATEGORIES IN ORDER TO MEASURE HOW LAW VARIES WITH THE SOCIAL CHARACTERISTICS OF DEFENDANTS AND ASKS TO WHAT EXTENT, IF ANY, DO SEVEN MAJOR SOCIAL CHARACTERISTICS--WEALTH, RACE, PRIOR CRIMINAL HISTORY, ECONOMIC DEPENDENCY, EMPLOYMENT, MARITAL STATUS, AND THE RELATIONAL DISTANCE BETWEEN THE VICTIM AND OFFENDER--PREDICT THE SEVERITY OF THE WOMEN'S DISPOSITIONS. MULTIPLE REGRESSION ANALYSIS OF THE DATA REVEALS FINDINGS SUPPORT FOR THE HYPOTHESIS THAT SENTENCING DISPARITIES WITHIN OFFENSE CATEGORIES CAN BE PREDICTED FROM SOCIAL CHARACTERISTICS. SPECIFICALLY, THE ANALYSIS YIELDED THE FOLLOWING EMPIRICAL EXPLANATIONS: (1) AN INVERSE RELATIONSHIP EXISTS BETWEEN FEMALE OFFENDERS' SOCIOECONOMIC STATUS AND SEVERITY OF CRIMINAL DISPOSITION; (2) BLACK WOMEN RECEIVE MORE SEVERE DISPOSITIONS THAN DO WHITE WOMEN; (3) LESS RESPECTABLE WOMEN (FROM EITHER A LEGAL OR NONLEGAL PERSPECTIVE) RECEIVE MORE SEVERE DISPOSITIONS; (4) ECONOMICALLY DEPENDENT WOMEN RECEIVE LESS SEVERE DISPOSITIONS THAN THEIR COUNTERPARTS, AS DO MARRIED WOMEN; (5) EMPLOYED WOMEN RECEIVE LESS SEVERE DISPOSITIONS THAN DO UNEMPLOYED WOMEN NOT DEPENDENT ON OTHERS; AND (6) THE GREATER THE RELATIONAL DISTANCE BETWEEN FEMALE OFFENDER AND VICTIM, THE MORE SEVERE THE DISPOSITION. TABULAR AND STATISTICAL DATA, FOOTNOTES, AND A BIBLIOGRAPHY ARE INCLUDED. APPENDIXES PRESENT THE RESEARCH INSTRUMENT AND STATISTICAL TECHNIQUES. (WJR)