Does Having a Minor Child Affect Criminal Charges and Sanctions Imposed on Female Defendants?

This study examined effects of having a minor child(ren) on the probability of being prosecuted, convicted, and if convicted, the sanctions that were imposed. Data were state-wide court and birth records of criminally-charged women in North Carolina, a state with sentencing guidelines. We hypothesiz...

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Bibliographic Details
Authors: Sloan, Frank A. 1942- (Author) ; Gifford, Elizabeth J. (Author) ; Evans, Kelly E. (Author) ; Kozecke, Lindsey E. (Author)
Format: Electronic Article
Language:English
Published: 2021
In: Women & criminal justice
Year: 2021, Volume: 31, Issue: 2, Pages: 108-129
Online Access: Presumably Free Access
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Keywords:
Prosecutorial Discretion
Mothers
parental status
Description
Summary:This study examined effects of having a minor child(ren) on the probability of being prosecuted, convicted, and if convicted, the sanctions that were imposed. Data were state-wide court and birth records of criminally-charged women in North Carolina, a state with sentencing guidelines. We hypothesized that (a) prosecutors would be less likely to prosecute and more likely to lower an offense class and (b) judges (when they had discretion) would be more lenient for women in sentencing with minor children than without. Having a minor child(ren) reduced the probability of prosecution; given prosecution, conviction rates fell. When the judge had discretion, having minor children reduced the probability of an active sentence. Having a minor child had no effect on minimum sentence length for women with active sentences. Presence of a minor child affects prosecutorial and judicial decisions affecting women charged with a criminal offense.
ISSN:1541-0323
DOI:10.1080/08974454.2019.1688222