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

Abstract

Drawing upon focal concerns and familial paternalism frameworks, we explore the effects of motherhood, various maternal indicators, and type of offense on prison sentences using official and self-report data on 419 incarcerated women in the United States. Results revealed that drug offenders were sentenced more leniently than other offenders, whereas mothers were not sentenced differently from women without children. Mothers who lived with their children received shorter prison terms than mothers who were absent prior to arrest. This study fills gaps in knowledge on discretion in punishment in light of growing rates of female imprisonment.

Women in Solitary Confinement: Relationships, Pseudofamilies, and the Limits of Control

“…Consistent with much of the research on female prisoners (Giallombardo, 1966; Kolb & Palys, 2018), the staff with whom we spoke stated that incarcerated women placed a high value on forming close relationships with other incarcerated women. Many women in prison were mothers (Cho & Tasca, 2019); notably, we were told that the greatest pain of imprisonment was the separation from family and that this was the most frequent complaint voiced by incarcerated women. Staff recognized that many women formed tightknit friendships or pseudofamilies with other women to cope with or make up for these losses.…”

“…Incarcerated women differ significantly from their male counterparts in terms of prior histories and pathways to crime (Belknap, 2014; Bloom et al, 2004; Daly, 1992). They are more likely to have experienced physical or sexual abuse, have substance abuse problems, or to be incarcerated for non-violent offenses (see, e.g., Chesney-Lind, 1997; Cho & Tasca, 2019; DeHart et al, 2013). Because female offenders face gender-specific adversities, they require treatment strategies that are specifically designed to address their needs (Covington & Bloom, 2006; Pollack, 2005; Wattanaporn & Holtfreter, 2014).…”

“…Female offending populations are unique from men in several ways (Steffensmeier & Allan, 1996; Wright et al, 2012), including their pathways to prison (Bloom et al, 2004; Chesney-Lind, 1997). Women are more often incarcerated for non-violent offenses, such as drug, fraud, and property theft (Chesney-Lind, 1997; Cho & Tasca, 2019; Kruttschnitt & Gartner, 2003). Prior work suggests that women’s offenses may predominantly be motivated by poverty, substance addiction, or mental health disorders stemming from abuse experienced during childhood (Daly, 1992; Gilfus, 1992; Hale, 2020; McClellan et al, 1997; Wulf-Ludden, 2016).…”

The Effects of the Fair Sentencing Act 2010 on Sentencing Outcomes for Females Convicted of Cocaine Offenses

“…Although majority of these studies revealed racial and ethnic differences in sentencing outcomes for female drug offenses, Cho and Tasca (2019) found no racial or ethnic differences in sentence length for female drug offenses in Arizona. Consistent with previous sentencing research (see Brennan & Spohn, 2009), these findings seemed to suggest that legal factors matter more than extralegal factors for sentence length among females.…”

Parole, Neighborhood and Reentry Outcomes: A Contextualized Analysis

“…These perceptions that guide judges to make sentencing decisions can reflect their stereotypes of certain individuals and communities. This is captured by their patterned responses to some types of criminal cases (Cho & Tasca, 2018;Spohn & Cederblom, 1991;Steffensmeier & Demuth, 2001). For example, focusing on court decisions in communities that are more politically conservative, Helms and Jacobs (2002) find offenders who are unemployed, male, and black are perceived to pose a higher threat to the local communities; hence, offenders with these characteristics received longer sentences in court.…”