Intersectionality of Race, Ethnicity, Gender, and Age on Criminal Punishment

Abstract

Race, ethnicity, gender, and age are core foci within sociology and law/criminology. Also prominent is how these statuses intersect to affect behavioral outcomes, but statistical studies of intersectionality are rare. In the area of criminal sentencing, an abundance of studies examine main and joint effects of race and gender but few investigate in detail how these effects are conditioned by defendant's age. Using recent Pennsylvania sentencing data and a novel method for analyzing statistical interactions, we examine the main and combined effects of these statuses on sentencing. We find strong evidence for intersectionality: Harsher sentences concentrate among young black males and Hispanic males of all ages, while the youngest females (regardless of race/ethnicity) and some older defendants receive leniency. The focal concerns model of sentencing that frames our study has strong affinity with intersectionality perspectives and can serve as a template for research examining the ways social statuses shape inequality.

Cumulative impact: Why prison sentences have increased*

“…A second concern relates to practical constraints and consequences that flow from the decision. For instance, judges consider whether the defendant can reasonably handle the prison environment and whether prison beds are available (Steffensmeier, Painter‐Davis, & Ulmer, ). Finally, and most relevant for the current research, judges consider community protection and the likelihood of recidivism if the offender is released back into the community.…”

“…As a result of this latter focal concern, then, men and racial minorities are more likely than women and Whites to receive prison sentences. Judges, on average, view these demographic groups as posing a higher recidivism risk and, therefore, as constituting a greater danger to the community (Steffensmeier et al., : 815–6).…”

Rural and Urban Differences in Gender‐Sentencing Patterns of Pennsylvania

“…The past two decades have witnessed a sharp growth in research on the determinants of criminal sentencing and on gender differences in sentencing outcomes, in particular. The generally consistent finding across what is now a sizable number of empirical studies is that female defendants receive more lenient sentences than similarly situated male defendants (Steffensmeier, Painter‐Davis, and Ulmer ). Indeed, female defendants are less likely to be incarcerated and receive shorter prison sentences, if incarcerated.…”

“…This study is framed by the focal concerns theory of punishment decision making, which was developed by Steffensmeier () and later expanded with colleagues (Steffensmeier et al , , ) and by other researchers in the course of their studies (Doerner and Demuth ; Feldmeyer and Ulmer ). The key notion of the theory is that three focal concerns are guiding judges and other court actors (i.e., defense attorneys and prosecutors) in their decision making: blameworthiness, protection of the community, and practical constraints of the resulting decisions (for the most recent update, see Steffensmeier et al ) . “Blameworthiness” refers to the culpability of offenders and the concern of a judge to impose sentences that fit the harm resulting from a criminal offense committed.…”

“…“Blameworthiness” refers to the culpability of offenders and the concern of a judge to impose sentences that fit the harm resulting from a criminal offense committed. The primary factors affecting blameworthiness should be legal factors, such as offense seriousness and criminal history (Steffensmeier et al ). “Protection of the community” emphasizes the importance of incapacitating dangerous offenders, general deterrence, and assessing the recidivism risks of the offenders.…”