Structure and Practice of Familial-Based Justice in a Criminal Court
Dados Bibliográficos
| ID | 4965017 |
|---|---|
| Autores | Kathleen Daly (0000-0002-0530-0753, autor correspondente) |
| Ano | 1987 |
| Volume | 21 |
| Fascículo | 2 |
| Páginas | 267-290 |
| Data de publicação | 1987-01-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Law & Society Review (JOURNAL) |
| Identificadores do periódico | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053522 |
| OpenAlex | W2312669410 |
| Idioma | EN |
| Citações recebidas | 74 |
| Referências citadas | 17 |
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 officials (prosecutors, defense attorneys, probation officers, and judges) are presented here to assess extant theory and to offer a reconceptualization of why gender differences may emerge in the course of "doing justice." The interviews reveal that the sanctioning process is structured by familial paternalism, that is, a concern to protect family life, men's and women's labor for families, and those dependent on defendants. Familial paternalism more accurately explains family- and gender-based disparities in sentencing than existing social control arguments, 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
Criminal justice · Criminology · Economic Justice · Political science · Sociology · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Law · Law, Economics, and Judicial Systems · Psychology
Punishment and Welfare
Phenomenology, Ethnomethodology, and Family Discourse
Gender and Sentencing in the Federal Courts
White female victims and death penalty disparity research
The Individual And Joint Effects Of Race, Gender, And Family Status On Juvenile Justice Decision-Making
Sex effects and sentencing
Is Preferential Treatment of Female Offenders a Thing of the Past? A Multisite Study of Gender, Race, and Imprisonment
Family-Based Justice in the Sentencing of Domestic Violence
Féminisme et criminologie (1988)
The “privilege of frailty”
Between Paternalism and a Gender Perspective
Gender in the Courtroom Workgroup
Sentencing Female Drug Offenders
Women in Crime and Justice
Does Having a Minor Child Affect Criminal Charges and Sanctions Imposed on Female Defendants
Is Chivalry Dead
Sentencing Recommendations by Probation Officers and Judges
Perceptions of Female Offenders
Clarifying and Extending Power-Control Theory
Feminism and criminology
The influence of race, gender, family, and employment status on probationer sanctioning for noncompliance
Exiting the Drug‐Addict Role
Gender, Race, and Sentencing
Sex and Sentencing Disparity in South Australia's Higher Courts
Sex/gender‐based decision‐making in the criminal justice system as a possible (additional) explanation for the underrepresentation of women in official criminal statistics — a review of international literature
Mass Incarceration, Parental Imprisonment, and the Great Recession
Judicial Perceptions of Media Portrayals of Offenders with High Functioning Autistic Spectrum Disorders
An empirical approach to theoretical perspectives on sentencing in a young offender court
Disparities in Women’s Prison Sentences
Observing Gender and Race Discourses in Probation Review Hearings
The Effects of the Fair Sentencing Act 2010 on Sentencing Outcomes for Females Convicted of Cocaine Offenses
Paying More Than Money
Is Chivalry Colour-Blind? Race-Class-Gender Articulation in the Criminal Justice System
Bad Mothers” and the Threat to Civil Society
Threat to Family Stability or Social Stability? Domestic Violence Protection Orders in Two Chinese Courts
(When) Are Rights Wrong? Rights Discourses and Indeterminacy in Gay and Lesbian Parents'Custody Cases
Paternalism and the female status offender
The effect of victim impact statements on sentencing patterns and outcomes
Parent gender and child removal in physical abuse and neglect cases
The effectiveness of public defenders in four Florida counties
Do you get what you pay for? Type of counsel and its effect on criminal court outcomes
The myth of the new female offender
From Initial Appearance to Sentencing
Sentencing practices under the Arkansas sentencing guideline structure
Gender bias and pretrial release
The Effect of Gender on the Decision to Incarcerate Before and After the Introduction of Sentencing Guidelines
Youth Is Enmeshed in a Highly Dysfunctional Family System”
Feminist Theory, Crime, and Justice
Gender, Rehabilitation, and Probation Decisions
Pathways to Sex‐based Differentiation in Criminal Court Sentencing
Understanding the Influence of Victim Gender in Death Penalty Cases
The Effect of Victim Participation in Sentencing on Sentence Outcome
Sex-Based Disparities in Felony Dispositions Before Versus After Sentencing Reform in Ohio
Does Gender Affect the Number and Type of Charges Laid in Intimate Partner Violence Cases
Factoring in Family
Gender, madness and crime
Lovers, Legal Strangers, and Parents
Genre et monde carcéral. Perspectives éthiques et politiques
Severity and leniency in criminal sentencing in Russia
The Impact of Gender-Based Family Roles on Criminal Sentencing
The focal concerns of jurors evaluating mitigation
Judging the Best Interests of the Child
Courtesy Stigma and Monetary Sanctions
Children of the American Prison Generation
The Joint Effects of Race, Ethnicity, Gender, and Age on the Incarceration and Sentence Length Decisions
Rethinking Judicial Paternalism
Of Punishment and Parenthood
The Use of Gendered Narratives in the Courtroom
Feminist State Theory
The Ties that Bind
What If They Were White? The Differential Arrest Consequences of Victim Characteristics for Black and White Co-offenders
Latinos in the war on drugs
Downward departures in US federal courts
The Impact of Gender, Offense Type, and Familial Role on the Decision to Incarcerate
Judicial Paternalism and the Female Status Offender
Assessing the Impact of the Women's Movement on Sex-Based Differences in the Handling of Adult Criminal Defendants
Women in Crime and Justice
Sentencing as a Human Process
Gender and Crime
Women, crime, and the criminal justice system
Defendant Attributes in Plea Bargaining
Judicial Discretion and Defendant's Sex
Women, Crime, and Dependency an Application of the Theory of Law
The Sexual Stratification of Social Control
Sentencing the White-Collar Offender
Sentencing the White-Collar Offender
Sex and Theories of Deviance
The Sex-Sanctioning Issue
Chivalry and Paternalism
Discrimination in the Criminal Courts
Dependent Children, Child Custody, and the Mothers' Pensions
| Obras citantes distintas | 74 |
|---|---|
| Citações por ano | 1,95 |
| Intervalo de citações | 1988 - 2026 (39) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 73 |