Sandra Babcock, Nathalie Greenfield and Kathryn Adamson

This article presents a comprehensive study of 48 persons sentenced to death between 1990 and 2023 who presented as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence and prior involvement with the criminal legal system. We also explore the nature of the women’s crimes of conviction, including the role of male co-defendants and the State’s use of aggravating factors. Finally, we reveal for the first time the extent to which capital prosecutions are dominated by men—including judges, elected District Attorneys, defense attorneys, and juror forepersons—and explain why gender matters in determining who lives and who dies.

We present our data against the backdrop of prevalent theories that seek to explain both the rarity of women’s executions and the reasons why certain women are singled out for the harshest punishment provided by law. We explain why those frameworks are inadequate to understand the role that systemic gender bias plays in women’s capital prosecutions. We conclude by arguing for more nuanced research that embraces the complexities in women’s capital cases and accounts for the presence of systemic and intersectional discrimination.

Cardozo Law Review, Forthcoming (Written April, 2024}.

By Beth M. Huebner, Lee Ann Slocum, Andrea Giuffre, Kimberly Kras, and Bobby Boxerman

This project focuses on the St. Louis County Jail which is managed by the Department of Justice Services and serves as the central detention facility for the region. St. Louis County, Missouri provides an ideal location to study the jail-probation nexus. St. Louis County is a large and diverse community. Sixty-eight percent of the population is white and 25% Black, with a small (less than 3%) Hispanic and Latinx population. The county poverty rate of 9.7% is slightly lower than the national average. The Missouri Department of Corrections (MoDOC) is a centralized system, and the St Louis County offices supervise 2,481 clients on probation. The data used in this report include administrative data from the years 2010-2020 that were provided by Justice Services. The process and outcome analyses are also informed by data collected from qualitative interviews with individuals on probation (n=47) and local criminal justice stakeholders (n=17).

Safety & Justice Challenge, 2023. 13p.

By Chad M. Topaz, Shaoyang Ning, Maria-Veronica Ciocanel & Shawn Bushway

Race-based inequity in federal criminal sentencing is widely acknowledged, and yet our understanding of it is far from complete. Inequity may arise from several sources, including direct bias of courtroom actors and structural bias that produces racially disparate impacts. Irrespective of these sources, inequity may also originate from different loci within the federal system. We bring together the questions of the sources and loci of inequity. The purpose of our study is to quantify race-based disparate impact and differential treatment at the national level and at the level of individual federal judicial districts. We analyze over one-half million sentencing records publicly available from the United States Sentencing Commission database, spanning the years 2006 to 2020. At the system-wide level, Black and Hispanic defendants receive average sentences that are approximately 19 months longer and 5 months longer, respectively. Demographic factors and sentencing guideline elements account for nearly 17 of the 19 months for Black defendants and all five of the months for Hispanic defendants, demonstrating the disparate impact of the system at the national level. At the individual district level, even after controlling for each district’s unique demographics and implementation of sentencing factors, 14 districts show significant differences for minoritized defendants as compared to white ones. These unexplained differences are evidence of possible differential treatment by judges, prosecutors, and defense attorneys.

Humanities and Social Sciences Communications volume 10, Article number: 366 (2023)

By Kate K. O’Neill, Tyler J Smith, Ian Kennedy

Although men’s incarceration rates have declined in the United States, women’s have stayed steady and even risen in some areas. At the same time, courts have increased their use of monetary sanctions, especially for low-level offenses. We propose that women’s incarceration trends can be partially explained by county dependence on monetary sanctions as a source of revenue. We suggest that monetary sanctions expose female defendants to processes that increase their likelihood of incarceration, especially in counties more reliant on monetary sanctions as a source of revenue, and where women’s poverty rates are high. Using data from Washington State, we find county dependence on monetary sanctions is positively associated with rates of women sentenced to incarceration. Although rural counties’ rates are higher, they depend on monetary sanctions no more than nonrural counties do.

  RSF: The Russell Sage Foundation Journal of the Social Sciences 8(2): 157–72. 2022;  

By Monique W. Morris

The school-to-prison pipeline refers to the policies, practices, and conditions that facilitate both the criminalization of educational environments and the processes by which this criminalization results in the incarceration of youth and young adults. This Report discusses the literature on the “schoolto- prison pipeline” and explores why the “pipeline” analogy may not accurately capture the education system pathways to confinement for Black girls.

New York: African American Policy Forum, 2012. 23p.

By Maxim Ananyev and Michael Poyker

We investigate whether prisons contribute to homophobia in the general population given that inmates’ informal code often ascribes low status to persons perceived as ``passive’’ homosexuals. First, using Australian longitudinal survey data, we establish that prison experience prompts a higher level of anti-gay sentiments among males and their families, even though no discernible difference exists before incarceration. Second, to explore the transmission of anti-gay sentiments to the population, we use the Soviet amnesty of 1953, which released 1.2 million prisoners. We find that the municipalities in Russia more exposed to the influx of released individuals have more anti-LGBTQ+ hate crimes, homophobic slurs on social media, and discriminatory attitudes in representative surveys. We offer suggestive evidence for the mechanisms by showing that in the aftermath of the amnesty more exposed locations had a larger increase in the number of thieves-in-law, career criminals upholding the inmate code, and descendants of Gulag prisoners have higher levels of anti-gay attitudes. Our results demonstrate a previously under-emphasized cost of mass incarceration: a higher level of homophobia.

Melbourne: University of Melbourne - Melbourne Institute: Applied Economic & Social Research; Nottingham, UK: University of Nottingham, School of Economics, 2022. 110p.

By UNODC, WHO, UNAIDS, UNDP, PRI

Transgender people often experience multiple and intersecting forms of discrimination, including in criminal justice systems. Evidence indicates that such marginalisation, criminalisation and discrimination can lead to greater vulnerability to and risk of long-term mental and physical health issues, including increased risk of HIV and other sexually transmitted infections, and experience of sexual assault.

This technical brief sets out guiding principles and targeted interventions aimed at supporting countries in reducing the risk of HIV infection and transmission among, and ensuring adequate and accessible health care for, transgender people deprived of liberty by State authorities in prisons and other closed settings. Policymakers and prison authorities should understand the needs of transgender people and incorporate the proposed evidence- and human rights-based interventions and international standards into their prison policies and strategies, applying them to all people in prison.

Vienna: United Nations Office on Drugs and Crime, 2022. 12p.

By A .Prison Matron.

”I wish it to be clearly understood that these are the honest reminiscences of one retired from Government many years of prison service experience —that enable me to offer my readers a fair statement of life and adventure at Brixton and Millbank prisons, and afford me the opportunity of attempting to convey some faint impression of the strange hearts that beat perhaps break, a few of them…”

London. Hurst and Blackett (1862) 320p.

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By Peter Caster.

A prison official in 1888 declared that it was the freeing of slaves that actually created prisons: “we had to establish means for their control. Hence came the penitentiary.” Such rampant racism contributed to the criminalization of black masculinity in the cultural imagination, shaping not only the identity of prisoners (collectively and individually) but also America’s national character. Caster analyzes the representations of imprisonment in books, films, and performances, alternating between history and fiction to describe how racism influenced imprisonment during the decline of lynching in the 1930s, the political radicalism in the late 1960s, and the unprecedented prison expansion through the 1980s and 1990s. Offering new interpretations of familiar works by William Faulkner, Eldridge Cleaver, and Norman Mailer, Caster also engages recent films such as American History X, The Hurricane, and The Farm: Life Inside Angola Prison alongside prison history chronicled in the transcripts of the American Correctional Association. This book offers a compelling account of how imprisonment has functioned as racial containment, a matter critical to U.S. history and literary study.

Columbus, OH: Ohio State University Press, 2008. 279p.