The Impact of Gender and Race on Departure Decisions for Felony Theft Defendants

• In Event: Race and Gender Disparities in Sentencing

Abstract

The impact of defendant gender and race on sentencing outcomes has been the focus of much research, with some research indicating that the impact of these factors varies by crime type. The current research investigates sentencing decisions for defendants convicted of felony theft under Virginia’s voluntary sentencing guidelines. Specifically, this research examines the use of aggravating and mitigating departures for these defendants, with a focus on whether the departure reasons provided by judges in cases involving male and female defendants, and white and nonwhite defendants, are consistent with hypotheses drawn from focal concerns theory.

Author

• Lori Elis, Radford University