Focal Concerns Theory as Conceptual Tool for Studying Intersectionality in Sentencing Disparities: Focus on Gender and Race along with Age

• In Event: Division on Sentencing & Corrections Handbook Series Volume 2, Panel 2: Punishment Decisions: Locations of Disparity

Abstract

Our overall objective in this presentation is to advance theory and research on the application of intersectionality as a framework for studying punishment outcomes. An intersectional approach involves examining how gender and race influence sentencing outcomes through their interactions with not only one another, but also with other defendant characteristics, such as defendant’s age or social class, along with other legal and social factors.. Our specific aims are: One, to clarify the notion of intersectionality and the sorts of questions it raises about the effects of gender and race on sentencing. Two, to elucidate the focal concerns of sentencing as a conceptual framework for studying intersectionality, with particular focus on how the framework helps to theorize and guide research on intersectionality and sentencing. Third, to illustrate the advantages of intersectionality by presenting findings of sentencing practices in Pennsylvania. These findings clarify that defendants’ gender and race do not simply influence sentence outcomes independently, but intersect with each other and with defendants’ age, and therefore these forms of stratification or social differentiation need to be studied in relation to each other. Fourth, to outline some directions for advancing research on the application of intersectional approaches to the study of sentencing.

Authors

• Darrell Steffensmeier, Pennsylvania State University

• Noah Painter-Davis, University of New Mexico