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

• Author: Ahram Cho,Melinda Tasca
• DOI: 10.1177/1557085118773434
• Published date: 01 October 2019
• Date: 01 October 2019
• Subject Matter: Articles

https://doi.org/10.1177/1557085118773434

Feminist Criminology

2019, Vol. 14(4) 420 –440

© The Author(s) 2018

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DOI: 10.1177/1557085118773434

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Article

Disparities in Women’s

Prison Sentences: Exploring

the Nexus Between

Motherhood, Drug Offense,

and Sentence Length

Ahram Cho1 and Melinda Tasca1

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.

Keywords

sentencing, women, motherhood, drug offenders, imprisonment

Introduction

Gender disparities in sentencing have been extensively examined over the past several

decades (Albonetti, 1997; Doerner & Demuth, 2014; Griffin & Wooldredge, 2006;

Steffensmeier, Kramer, & Streifel, 1993). Although most research has demonstrated

that women are sentenced more leniently than men (Bontrager, Barrick, & Stupi, 2013;

Rodriguez, Curry, & Lee, 2006; Spohn & Beichner, 2000; Steffensmeier & Demuth,

2006), less attention has been devoted to understanding sentencing disparities among

women (Tillyer, Hartley, & Ward, 2015). What is more, scholarship has largely

1Sam Houston State University, Huntsville, TX, USA

Corresponding Author:

Ahram Cho, Department of Criminal Justice & Criminology, Sam Houston State University, Box 2296,

Huntsville, TX 77341, USA.

Email: axc055@shsu.edu

773434FCXXXX10.1177/1557085118773434Feminist CriminologyCho and Tasca

research-article2018

Cho and Tasca 421

examined in and out decisions where women more often fall along the lower end of the

criminal justice spectrum (i.e., offenders with shorter criminal records, those who

committed less serious offenses; Griffin & Wooldredge, 2006; Tillyer et al., 2015).

Although this group is undeniably a significant portion of offenders, we know very

little about differential treatment in sentence length, notably for those sentenced to

prison terms. It may be that factors that afforded some women leniency at other deci-

sion points—such as the in-and-out decision—may be weighed differently by judges

when determining how long a woman will be incarcerated in prison. The rise in female

imprisonment underscores the need to understand disparities in prison sentences as the

ramifications of lengthy periods of incarceration are profound (Carson, 2015; Hagan

& Dinovitzer, 1999; Kruttschnitt & Gartner, 2003; Rodriguez, 2016; Turanovic,

Rodriguez, & Pratt, 2012).

The sentencing literature indicates that favorable treatment tends to be reserved for

certain women, particularly mothers (Bickle & Peterson, 1991; Daly, 1987a, 1987b,

1989; Doerner & 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). As well, judges often consider the

consequences for children and the expenses the state may have to assume if a mother

is removed from the home, particularly if she will be incarcerated for a long period of

time (Daly, 1987b; Kruttschnitt, 1984). Yet, research on how particular facets of moth-

erhood affect sentencing is sparse (Blackwell, Holleran, & Finn, 2008; Mustard, 2001;

Pierce, 2013). Maternal factors, such as number of minor children, maternal involve-

ment prior to arrest, and history of contact with child welfare services, can complicate

perceptions of a mother’s culpability, risk, and the social costs of her imprisonment.

Offense type also plays a critical role in perceptions of women by the court (Embry

& Lyons, 2012; Mustard, 2001; Rodriguez et al., 2006; Steffensmeier et al., 1993). To

be sure, common labels of female drug offenders as “dope whores” and “crack moms”

paint these particular women as promiscuous, irresponsible, and even threatening to

child well-being (Harper, Harper, & Stockdale, 2002; Rodriguez et al., 2006; Spohn,

1999; Zatz, 2000). At the same time, public support for sentencing low-level drug

offenders to lengthy prison sentences is decreasing (Cullen & Jonson, 2011; Drakulich

& Kirk, 2015; Sundt, Cullen, Thielo, & Jonson, 2015). Women’s ancillary roles in

drug markets may also lessen their perceived culpability and risk of reoffending by the

court (Maher & Daly, 1996; Miller & Carbone-Lopez, 2015; Ryder & Brisgone, 2013).

In short, the interplay between motherhood, type of offense, and sentence length is

complex and poorly understood.

Accordingly, we draw upon focal concerns and familial paternalism frameworks to

address two primary research objectives using official and self-report data on 419

women sentenced to prison in Arizona. First, we assess whether mothers and drug

offenders are sentenced differently from women without children and other offenders

(i.e., violent, property, and public order offenders). Second, we focus on mothers