Familial paternalism in the courtroom: A comprehensive examination of male and female criminal sentences

This study sought to determine the effects of family status and gender on criminal court sentencing decisions. Specifically, this study provided a closer examination of the effects of these variables and their interaction with family, race, and crime type. Understanding these relationships and their impacts allowed for a deeper understanding of gender.; Two quantitative methodologies were employed. The first methodology examined real criminal court case outcomes in Allegheny County, Pennsylvania, to determine the effect of gender and family status on sentencing. The second utilized surveys sent to all Court of Common Plea judges in the state to assess the effect of gender and family status throughout Pennsylvania.; The inclusion of both methodologies allowed for an extensive examination of the effects of gender, race, and family status on judicial decision making. The results indicated that judges considered the social costs presented by different family roles. There was additional evidence that judges were more concerned with preserving the roles that presented the highest amount of social costs to society (that of caretaker). There also was evidence to suggest that the influence of these factors varied by the gender and race of the defendant, as well as by the type of offense committed. Furthermore, the results suggested that some of the disparity between male and female defendants' sentences could be accounted for by controlling for the role that defendants performed in the family. However, the findings also suggested that some gender disparity still existed after familial roles were controlled.; The current findings, suggest that legislation restricting judges from considering familial factors when making sentencing decisions may not be in the best interest of society. Several findings also point to the need for further research, in the examination of the effect of familial factors and gender in sentencing decisions.