Prior theory and research on sentencing oversimplify the role of race, gender and age in judicial decision making. In this article we present a 'yocal concerns" theory of judicial decision making to frame hypotheses regarding the effects on sentencing of these social statuses, both singly and in combination. Analyzing statewide sentencing outcomes in Pennsylvania for 1989-1992, we find that, net of controls: (1) young black males are sentenced more harshly than any other group, (2) race is most influential in the sentencing of younger rather than older males, (3) the influence of offender's age on sentencing is greater among males than females, and (4) the main effects of race, gender, and age are more modest compared to the very large differences in sentencing outcomes across certain age-race-gender combinations. These jindings demonstrate the importance of considering the joint effects of race, gender, and age on sentencing, and of using interactive rather than additive models.

Criminologists agree that the gender gap in crime is universal: Women are always and everywhere less likely than men to commit criminal acts. The experts disagree, however, on a number of key issues: Is the gender gap stable or variant over time and across space? If there is variance, how may it best be explained? Are the causes of female crime distinct from or similar to those of male crime? Can traditional sociological theories of crime explain female crime and the gender gap in crime? Do gender-neutral or gender-specific theories hold the most explanatory promise? In this chapter we first examine patterns of female offending and the gender gap. Second, we review the “gender equality hypothesis” as well as several recent developments in theorizing about gender differences in crime. Third, we expand on a gendered paradigm for explaining female crime first sketched elsewhere. We conclude with recommendations for future work.

Guidelines sentencing data from Pennsylvania for the years 1985–1987 are analyzed to assess the influence of gender on judges' imprisonment decisions. These data provide detailed information on offense severity and prior record, permit statistical controls for other variables thought to affect imprisonment decisions, cover a fairly comprehensive list of common‐law offenses (with adequate sample size), and contain judges' dispositional‐departure reasons for sentences outside the guidelines schema. The data—analyzed with additive and interactive models–indicate that gender (net of other factors) has a small effect on the likelihood of imprisonment toward lesser jailing of female defendants but has a negligible effect on the length‐of‐imprisonment decision. Observations and interview responses from selected judges help to clarify the ways in which judges' sentencing practices are gender linked. Together, the statistical and the qualitative data suggest that the sentencing practices of judges are driven by two main concerns, blameworthiness (e.g., as indicated by prior record, type of involvement, remorse) and practicality (e.g., as indicated by child‐care responsibility, pregnancy, emotional or physical problems, availability of adequate jail space). Based on our findings, we suspect that when men and women appear in (contemporary) criminal court in similar circumstances and are charged with similar offenses, they receive similar treatment. A major question from a policy perspective is, when gender disparities in sentence outcomes do arise, are the disparities warranted or unwarranted?

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Data from 58 male institutions in the federal correctional system were used to test for racial differences in both violent and alcohol/drug misconduct, controlling for a large number of individual, prison environment, and community background variables. Because “structurally” the in‐prison station of black and white inmates is essentially identical, the data provide a unique methodological opportunity to test deprivation versus importation models of prison adjustment as well as more encompassing structural versus cultural theories of violence. The major findings are that, net of controls, black inmates have significantly higher rates of violent behavior but lower rates of alcohol/drug misconduct than white inmates. These patterns parallel those of racial differences in the larger society. We interpret these findings as supporting the importation theory of prison adjustment and the subculture of violence thesis regarding high rates of black violence in the larger society.