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Downward departures in US federal courts: do family ties, sex, and race/ethnicity matter?

Given the gendered and racialized discourse about drug offenders with family ties, the present study used binary logistic regression of federal sentencing data (2001-2003) to examine whether family ties influence defendants' likelihood of receiving downward departures and whether defendants...

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Bibliographic Details
Published in:Ethnic and racial studies 2011-04, Vol.34 (4), p.683-706
Main Author: Logue, Melissa A.
Format: Article
Language:English
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Summary:Given the gendered and racialized discourse about drug offenders with family ties, the present study used binary logistic regression of federal sentencing data (2001-2003) to examine whether family ties influence defendants' likelihood of receiving downward departures and whether defendants' race/ethnicity and sex condition any family ties effect. The results reveal no variation in the effects of family ties by race/ethnicity, but do lend credence to concerns that considering family ties could produce sex disparities in departure outcomes. Departure chances increase for cohabitating offenders of both sexes who have dependents, but become more pronounced for females than for males relative to their non-familied counterparts. For married offenders without dependents, males' departure chances increase while those for females decrease. Future research needs to examine whether similar patterns emerge in analyses of other types of offenders (e.g. larceny) and other sentencing decisions.
ISSN:0141-9870
1466-4356
DOI:10.1080/01419870.2010.487568