Dramatic increases in the number of women incarcerated in state and federal prisons have led some researchers to conclude that differential sentencing of female offenders is a thing of the past. This study uses data on offenders convicted of felonies in Chicago, Miami, and Kansas City to address this issue. The authors find no evidence to support this “gender neutrality” hypothesis. In all three jurisdictions, women face significantly lower odds of incarceration than do men. The results also reveal that the effect of race is conditioned by gender but the effect of gender, with only one exception, is not conditioned by race; harsher treatment of racial minorities is confined to men but more lenient treatment of women is found for both racial minorities and Whites.

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Although the criminal justice system has undergone reform to eliminate sexual assault case attrition and to improve the overall treatment of sexual assault victims, few studies have examined the effect of these reforms. In this study, the authors examine prosecutorial charging decisions across two unique jurisdictions: Kansas City, Missouri, which utilizes a specialized unit for sexual assault cases, and Miami, Florida, which does not use a specialized unit to determine the effect of prosecutorial specialization on case outcomes. The findings of the study reveal that, despite differences in departmental policies and rates of plea bargaining and trials, prosecutors’ charging decisions and the predictors of charging are similar in the two jurisdictions. The authors conclude that, regardless of whether decisions are made in a specialized unit or not, victim credibility is a real “focal concern” of the prosecutor in sexual assault cases.

Although prior research has contributed to understanding of the factors that influence sexual assault case processing, it has primarily been viewed through the prosecutorial lens. The authors assert that a prosecutor's charging decision involves not only a decision to file or reject the charge but, assuming that the case is not rejected, also a decision regarding the charge that should be filed. Accordingly, they examined the congruence between the charge filed by police at arrest with the charge filed by the prosecutor. The results indicate that charging agreement between police and prosecutors in rape cases is governed by a legal sufficiency framework in Philadelphia, where a specialized charging unit receives cases after decisions to charge have been made, and a trial sufficiency framework in Kansas City, Missouri, where a specialized unit makes the decision to charge and uses vertical prosecution from screening through disposition.

Prior research, modeling the effects of the victim's behavior and character on prosecutors' charging decisions, has used either a dichotomous variable that reflects the presence of any risky behavior or moral character issues or an additive index that captures the number of related items in a case file. We suggest that these measures do not adequately identify the specific issues that prosecutors take into consideration when making charging decisions. Using data on 666 sexual assault cases that resulted in arrest in three urban jurisdictions and a multivariate modeling strategy, we examine specific risk-taking behaviors and issues related to the victim's moral character in an effort to determine if certain behaviors and characteristics have a more substantial effect on charging decisions than others. We also examine the extent to which the effects of these blame and believability factors vary based on the nature of the cases. Our results reveal that although charging decisions in stranger cases are largely determined by legally relevant factors, these decisions in nonstranger cases are affected by several legally irrelevant victim characteristics: whether the victim had a prior criminal record, whether the victim had been drinking alcohol prior to the assault, and whether the victim invited the suspect to her residence. Further analysis, however, revealed that only the victim's prior record had a differential effect on charging decisions in cases involving strangers and nonstrangers and in aggravated and simple rape cases. Our results suggest that the focal concerns that guide prosecutors' charging decisions incorporate specific victim behaviors and background characteristics.