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Gender & Society, Vol. 15, No. 4, 611-633 (2001)
DOI: 10.1177/089124301015004007


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OF PUNISHMENT AND PARENTHOOD

Family-Based Social Control and the Sentencing of Black Drug Offenders

JEANNE FLAVIN

Fordham University

This research addresses the questions: "How do ties to children and other family members influence Black drug offenders' likelihood of incarceration?" and "Is the influence similar for men and women?" Predictions were tested using 1991-1993 data for 2,785 men and 499 women convicted of cocaine offenses. Logistic regression models containing key legal and extralegal characteristics were estimated for men and women combined and separately. Measures of prior conviction and prior drug use were found to be powerful predictors of sentence for both men and women. Findings suggest that judges consider "Does the offender live with a child or a family member?" and, possibly, "Is there a family member readily available to assume child care responsibilities if we incarcerate a mother who lives with a child?" when sentencing women. Among men, legal characteristics such as offense seriousness were more salient.


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