Neither Conflict Nor Labeling Nor Paternalism Will Suffice: Intersections of Race, Ethnicity, Gender, and Family in Criminal Court Decisions

Abstract

This statistical study examines sentencing and pretrial release decisions for black, white, and Hispanic men and women, using data from New York City and Seattle criminal courts. Hypotheses are tested on the interactive influences of gender and family, and the mitigating effects of family for men and women of different race and ethnic groups. The results show that gender differences in court outcomes can be explained by defendants' familial circumstances, and that such differences are greatest for black defendants. Arguing that neither the male-centered conflict or labeling perspectives, nor the paternalism thesis capture the logic of court decision making, I call for more research on how familial-based justice practices are classed, raced, and gendered.