A Test of Focal Concerns Theory: Gender and Racial Disparity in Weapons Sentencing

• In Event: Race and Gender Disparities in Sentencing

Abstract

The current literature regarding racial and gender inequality in sentencing decisions for weapons violations is meager. This research addresses that deficiency through an examination of racial and gender disparity in the sentencing outcomes of Virginia defendants charged with weapons infractions. Furthermore, the research will consider the implications of focal concerns theory by exploring the official reasons given by judges for departing from the sentencing recommendations found in the sentencing guidelines for the state of Virginia. Several facets of the final sentencing decision will be explored. The age, race and gender of the defendant will be examined as it relates to the direction of the departure, the final incarceration decision, and the sentence length. Data for the study will be drawn from Virginia Supreme Court and Virginia Sentencing Commission records.

Authors

• Ashley Suzanne Hobbs, Radford University

• Lori Elis, Radford University