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  • Structure and Practice of Familial-Based Justice in a Criminal Court

    Author(s)
    Daly, Kathleen
    Griffith University Author(s)
    Daly, Kathleen
    Year published
    1987
    Metadata
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    Abstract
    Many explanations have been proposed for gender differences in criminal court outcomes, but none has been grounded in a systematic study of the reasoning processes used by court officials in sanctioning male and female defendants. Interviews with thirty-five court offi- cials (prosecutors, defense attorneys, probation officers, and judges) are presented here to assess extant theory and to offer a reconceptual- ization of why gender differences may emerge in the course of "doing justice." The interviews reveal that the sanctioning process is struc- tured by familial paternalism, that is, a concern to protect family ...
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    Many explanations have been proposed for gender differences in criminal court outcomes, but none has been grounded in a systematic study of the reasoning processes used by court officials in sanctioning male and female defendants. Interviews with thirty-five court offi- cials (prosecutors, defense attorneys, probation officers, and judges) are presented here to assess extant theory and to offer a reconceptual- ization of why gender differences may emerge in the course of "doing justice." The interviews reveal that the sanctioning process is struc- tured by familial paternalism, that is, a concern to protect family life, men's and women's labor for families, and those dependent on de- fendants. Familial paternalism more accurately explains family- and gender-based disparities in sentencing than existing social control ar- guments, and it is distinguished from female paternalism, which is based on the view that women, as the "weaker sex," are subject to greater court protection than men before the criminal court.
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    Journal Title
    Law & Society Review
    Volume
    21
    Issue
    2
    DOI
    https://doi.org/10.2307/3053522
    Subject
    Criminology
    Sociology
    Publication URI
    http://hdl.handle.net/10072/386905
    Collection
    • Journal articles

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