Assessing the Influence of Familial Paternalism on Child Neglect Sentencing Decisions

Abstract

Familial responsibilities have been found to significantly reduce the severity of sentencing outcomes of defendants in the criminal court. Additional research also has suggested that this leniency might be contingent on the type of offense, with defendants who commit crimes which imply that they are unfit parents (e.g., drug offenses) not receiving a significant reduction in their likelihood of incarceration. Utilizing familial paternalism as the theoretical basis, the current study examines whether having children influences the sentences of defendants charged with forms of criminal child neglect. The findings indicate that having children does result in significantly reduced odds of incarceration for defendants charged with child neglect. These findings support the arguments set forth by familial paternalism. However, they do not support the inference that defendants convicted of child neglect are presumed to be unfit parents. Implication of these results and directions for future research are discussed.

Disparities in Women’s Prison Sentences: Exploring the Nexus Between Motherhood, Drug Offense, and Sentence Length

“…First, the nonsignificant effect of maternal status is consistent with a small number of studies that suggest favorable treatment by the court is not about parenthood per se (Bickle & Peterson, 1991;Freiburger, 2011;Pierce, 2013;Pierce & Freiburger, 2011). This null finding is substantively meaningful and informs theories of punishment given the decision point examined.…”

“…To date, only a handful of studies have explored how the enactment of parenting roles influences the sentencing decisions of women (Bickle & Peterson, 1991;Freiburger, 2011;Pierce & Freiburger, 2011). There is some evidence to support the notion that judges take into account offenders' involvement in children's lives when rendering decisions (Pierce, 2013;Zingraff & Thomson, 1984).…”

“…The challenges faced by these mothers also contribute to high rates of involvement with CPS as well (Genty, 1995;Greene et al, 2000;Raeder, 2006). Judges may deem mothers with a high number of children, those who fail to fulfill their parental obligations, and those with histories of involvement with child welfare, as deserving of more severe punishment than their counterparts in light of violating societal expectations of motherhood, on top of involvement in crime (Bickle & Peterson, 1991;Brennan, 2009;Daly, 1987b;Freiburger, 2011;Kruttschnitt, 2010;Pierce & Freiburger, 2011;Robbins, Martin, & Surratt, 2009).…”

“…The sentencing literature indicates that favorable treatment tends to be reserved for certain women, particularly mothers (Bickle & Peterson, 1991;Daly, 1987aDaly, , 1987bDaly, , 1989Doerner & Demuth, 2010;Embry & Lyons, 2012;Pierce & Freiburger, 2011;Spohn, 1999). Focal concerns and familial paternalism theories suggest that this effect might be a result of mothers being subjected to greater social control than women without children, thereby lowering their perceived risk of reoffending (Daly, 1987b;Kruttschnitt, 1984;Kruttschnitt & Green, 1984;Kruttschnitt & McCarthy, 1985;Steffensmeier et al, 1993;Ulmer & Kramer, 1996).…”

Gender and Sentencing Outcomes in South Carolina

“…Among other things, the sentencing decisions of judges take into account the familial duties that are performed by women such as caregivers and the presumed "costs" associated with removing these women from the household (Daly, 1987;Freiburger, 2010;Hartley, Kwak, Park, & Lee, 2011;Pierce & Freiburger, 2011). Among other things, the sentencing decisions of judges take into account the familial duties that are performed by women such as caregivers and the presumed "costs" associated with removing these women from the household (Daly, 1987;Freiburger, 2010;Hartley, Kwak, Park, & Lee, 2011;Pierce & Freiburger, 2011).…”