Discussion on how Race, Class, and Gender interact to influence sentencing in Youth Court

 

 

 

 

 

 

 

Discussion on how Race, Class, and Gender interact to influence sentencing in Youth Court

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Introduction

Race is a term that implies a specific category of “humankind,” which shares particular physical traits. It can also refer to a grouping of human beings that is based on shared social or physical qualities in categories that are viewed by society as being distinct. For instance, individuals might identify their Race as African American, Aboriginal, White, European American, Black, African, or Asian. In essence, Race refers to a group of human that is based on shared social or physical qualities into categories that are generally regarded as being distinct by the community (Cochran, Toman, Mears & Bales, 2018). On the other hand, Class refers to a system of ordering a given society in which individuals are divided into different sets based or reliant on the perceived economic or social status.

Lastly, gender, according to the World Health Organization (WHO), is defined as being the characteristics of men, women, boys and girls which are “socially constructed”. As a result, this includes among others the behaviors, roles, and norms that are associated with being a girl, man, woman, or a boy as well as the relationships with each of these people. It is important to note that even though sex and gender are related to some certain extent, they are quite different from the aspect of gender identity. Race, Class, and gender interact through numerous ways to influence the sentencing of the youths. The main aim of this essay is therefore to discuss the various ways through which Race, Class, and gender interact in various ways in order to influence the sentencing of the youth in court.

According to previous research, it was ascertained that there were significant impacts on gender, Race and Class on majority of the sentencing decisions that were made by both the local and the state court Judges (Steffensmeier & Painter-Davis, 2017). It was found that gender and racial disparities that were found in majority of the sentencing decisions in courts was highly due to the black youth’s increased likelihoods of getting jail sentences as opposed to receiving of probation. Indeed, there has been wide concern regarding possible bias in court systems that has ultimately prompted large bodies of research that has been aimed at inquiring the disparities that prevail across the sentencing of the youth based on their Race, Class, and gender.

Even though research carried out regarding the interaction of gender, Class, and Race indicated that it was indeed successful in presentation of a more “comprehensive picture” of the experiences of such groups, it was noted that it has actually led to production of inconsistent results. This is because while some of the studies found out that the minority young women did not get the type of leniency which was accorded to the young white women, some other studies indicated that some of the young minority women received more lenient judgments as opposed to the white women (Romain & Krushas, 2019). As a result, when the interactions for Race, gender, and Class were considered, it actually appeared that the issue of Race had a greater influence or impact on the young male defendants since they received the “harshest treatment”.

It was found that the issues of gender and Race may only have an impact on some specific incarceration decisions by the courts such as jail versus prison and thus may differently affect such decisions. It was noted that just like the legislators in a country may ultimately change laws to respond to the numerous societal changes, Judges on the other hand may also permit societal influences so as to modify strategies in their decision making (Maroun, 2019). Indeed, research indicated that gender, Race, and Class were the three major variables that had high influences in a court of law. It was further noted that being young, male, and black highly increased the chances of youth getting discriminatory dispositions in courts.

 

 

How gender influences the sentencing of the Youths in Courts

The impact or effect of gender on the sentencing discretion on the youth has indeed been evaluated and studies by majority of researchers have indeed been ascertained. Gender was noted to be a vital study concept especially in relation towards the sentencing of the youth in courts. On the other hand, gender played a vital role in influencing how the young women offenders were sentenced in the youth court (Leiber & Beaudry-Cyr, 2017). This is because the young women were usually regarded by the legal system and the youth courts as being “less responsible” for their respective actions and instead of being punished; they ought to be fully protected. Consequently, it was further noted that the youth court tended to treat the young female offenders in a different way as opposed to the male offenders.

Even though some of the studies found that there were no significant or great differences in the sentencing of the young female and male offenders, majority of research carried out on gender and sentencing revealed that the young females were sentenced in a more lenient was as opposed to the young males. This was regardless of the fact as to whether the two offenders of either gender had indeed committed similar offenses and had criminal histories that were similar. Previous research indicated that Judges had indeed confirmed to have had preferential treatments of the young female offenders by youth courts.

It was noted that there multiple factors or reasons that may influence the youth courts in treating young female offenders in a different way than male young offenders and these included among others being single mothers, pregnancy, and even having been victimized before (Steffensmeier, Painter-Davis & Ulmer, 2017). It was noted that even though the sentencing discrepancies shown above were typically beneficial or advantageous for the young female offenders because they resulted in the downward “sentencing departures” or even being granted correction punishments as opposed to incarcerations,  some of the scholars highly believed that the favoritism which was depicted by some of the youth courts towards the young females led to the society believing that the young women were quite helpless and therefore were not able to make responsible decisions (Leiber et al. 2018).

How Race interacted to influence to influence sentencing in the Youth Court

The issue of racial discrimination is quite rampant across some parts of the world, the American society included. This is an indicator that the “American Criminal System” was no therefore immune to various racial disparities and discrimination. The courts as well as criminal justice systems have been highly criticized of being racist in not only the different agencies in the country but also in prosecutors’ offices, police departments, and even in the youth courts. It was ascertained that the youth courts incarnated more minority youths as opposed to the white youths (Freiburger & Sheeran, 2020). This was indicator by researchers that this was indeed attributed to the racist tendencies. It was ascertained that since Judges were also imperfect human beings, they may also actually tend to adhere or follow “negative social stereotypes” linked to minorities. Research ascertained that such stereotypes were ultimately taken into consideration by some judges in the sentencing of the youth youths in the youth courts. This was especially true in circumstances where such offenders had typical afro-centric features or characteristics that were linked to the minority groups. It was further ascertained that the youth courts may apply stereotypes that are socially enforced against the minority youth in sentencing them and this was sufficient in proofing that the “racial disparities” indeed happened in some specific contexts.

 

 

How Class interacted to influence sentencing in Youth Court

It was ascertained that the issue of Race was also tied to numerous variables like the socio-economic status or Class that may ultimately have an impact on the decision making process by the judicial system in the youth court. For instance, in making decisions regarding the sentencing for the an “African-American defendant”, it was noted that some Judges may ultimately make an assumption that because of the Race and Class of such a defendant, one would not be capable of affording to pay the relevant fines or even the probation fees. As a result, such Judges may opt to sentence such defendants to jail terms as opposed to the community correction services or sentences (Steffensmeier & Painter-Davis, 2017). It was therefore noted that the socio-economic Class or status of defendants coupled with their Race could ultimately increase or enhance the severity of the punishment that is given to offenders. This is because a Judge may opt to make use of destitute or the poor Class of an offender in rationalizing beliefs that offenders will ultimately recidivate and thus they ought to get more punitive sentences which would deter them from streets and make them not to re-offend.

Conclusion

Based on the above information, it is quite evident that Race, Class, and gender interact together in influencing the sentencing of the youth in the youth court. There is need for the judicial system to improve in the way justice is delivered to the youth in the youth courts. Justice should thus be equally served to all and sundry regardless of their Race, gender or Class as this will help in enhancing the trust in the youth court by the society.

 

 

 

Bibliography

Cochran, J. C., Toman, E. L., Mears, D. P., & Bales, W. D. (2018). Solitary confinement as punishment: Examining in-prison sanctioning disparities. Justice Quarterly, 35(3), 381-411.

Freiburger, T. L., & Sheeran, A. M. (2020). The joint effects of Race, ethnicity, gender, and age on the incarceration and sentence length decisions. Race and Justice, 10(2), 203-222.

Leiber, M. J., & Beaudry-Cyr, M. (2017). The intersection of race/ethnicity, gender and the treatment of probation violators in juvenile justice proceedings. Race, Ethnicity and Law, 269-290.

Leiber, M. J., Beaudry-Cyr, M., Peck, J. H., & Mack, K. Y. (2018). Sentencing recommendations by probation officers and judges: An examination of adult offenders across gender. Women & Criminal Justice, 28(2), 100-124.

Maroun, R. (2019). Contextual Characteristics in Juvenile Sentencing: Examining the Impact of Concentrated Disadvantage on Youth Court Outcomes. Routledge.

Romain, D. M., & Krushas, A. E. (2019). Examining the Interaction of Race and Probationer Noncompliance on Sanctioning Decisions. Race and Justice, 2153368719873022.

Steffensmeier, D., & Painter-Davis, N. (2017). Focal concerns theory as conceptual tool for studying intersectionality in sentencing disparities: Focus on gender and Race along with age. In Handbook on Punishment Decisions (pp. 189-210). Routledge.

Steffensmeier, D., & Painter-Davis, N. (2017). Focus on gender and Race along with age. Handbook on Punishment Decisions: Locations of Disparity.

Steffensmeier, D., Painter-Davis, N., & Ulmer, J. (2017). Intersectionality of Race, ethnicity, gender, and age on criminal punishment. Sociological Perspectives, 60(4), 810-833.