Exploring systemic inequalities and the interplay of race, gender, and social class on sentencing outcomes in the state of Virginia.Research Question: how

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Thesis Proposal

Exploring systemic inequities and the interplay of race, gender, and social class on Sentencing Outcomes in the state of Virginia.

By: Fhanel Sinclair

A thesis proposal presented to the Faculty of the College of Graduate Studies at Virginia State University in partial completion of the requirements for the degree of Master of Science in the Department of Sociology and Criminal Justice in the College of Humanities and Social Sciences.

Virginia 2024

Table of Contents

Abstract ………………………………………………………………………… 3

Introduction……………………………………………………………………. 4

Statement of the Problem………………………………………………………. 9

Significance of the study ………………………………………………………. 11

Literature Review……………………………………………………………… 12

Theoretical Framework ………………………………………………………… 28

Research Questions………………………………………………………………37

Research Methods and Design…………….…………………………………… 38

Sampling ………………………………………………………………………. 40

Data collection ………….………………………………………………………43

Data Analysis Techniques ………………………………………………………45

Limitations……………………………………………………………………… 47

References ………………………………………………………………………. 48

Abstract

This study aims to explore whether the justice systems in the state of Virginia are becoming discriminatory in the intersection of race, social class, gender, and geography. Therefore, the research focuses on understanding how factors such as race, social class, and gender influence the justice system. The study involves the use of mixed methods to collect and analyze data, the data is collected using qualitative and quantitative analysis. The research also employs an intersectional theoretical framework in understanding the biases among marginalized populations. The study findings are expected to provide a clear understanding of the intersectionality of race, gender, social class, and geography and its influence on the justice system in the state of Virginia. Overall, the study acknowledged that there are quite several limitations, the results will however play a vital role in understanding the topic and providing recommendations for policy reforms that advocates, and other groups can use to address the issue.

Introduction

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character”, stated Dr. Martin Luther King Jr during his speech on the March on Washington in 1963. He was a firm advocate for racial fairness, civil rights, and justice for all no matter your skin color. The justice system is designed to be fair to all citizens by providing impartial judgments equitably has been the foundation of democracy in our country. However, in recent years, researchers have explored the intersection of race, gender, social class, and geography to understand how this system works and ensure that all citizens at all levels experience a fair, impartial, and equitable system. Latinos and blacks tend to be sentenced more harshly than whites for lower-level crimes such as drug and property crimes. However, the findings from these results have shown that there have been significant loopholes in the justice system which was meant to uphold democracy through discriminatory practices that affect people at various levels in society, especially minority groups. According to the U.S. Sentencing Commission, black male offenders on average received sentences 20.4 percent longer than white males who commit the same crimes (Larche, 2022).

Today, one of the key questions that these researchers and criminal justice advocates have focused on is to ensure that the system upholds the principles of equality in all areas and among all people in the criminal justice system. The color of justice explains in detail with not only numbers but real-life examples of how one will be sentenced not by the crime but simply by the color of their skin. Some of the reported cases indicate that there has been social exclusion and deprivation of opportunities and qualities of life which disadvantage a significant part of the population (National Academies of Sciences, Engineering, and Medicine, 2018). Justice typically is only served when you are a certain color and not belonging to the category of being a “minority”. There are questions about whether some parts of the United States, a country whose foundation is democracy, and equal opportunities uphold the principles of the justice system. Charges carrying statutory mandatory minimum sentences are prosecutors’ most powerful tool to constrain sentences, and disparities in the use of that tool can translate powerfully into sentence disparities. Disparities in the initial charging of a minority of cases appear capable of explaining most otherwise unexplained black-white sentence disparities in the pool (Starr et al., 2014). A lot of street crimes can be looked at as non-violent but because they are mainly committed by a certain social class, they receive harsher punishments. One such area is the state of Virginia which according to statistics has a peculiar demographic composition which makes it a perfect case for determining whether the population around the region experiences any key differences in judicial outcomes depending on their race, gender, social class, and geography.

In most instances, the society focuses on the criminal justice system at the country level and forgets to check what is happening in the grassroots which directly impacts the society and its people. According to Jiggetts (2019), the US is known to be the leading country in mass incarceration, although few people have critically brought up this discussion to society and made it look at the bigger picture of what is happening, the results of these explorations have shown that there are significant social injustices and inequalities, especially in Virginia. Statistics show that despite the US carrying only 5% of the global population, it also accounts for 25% of the world’s incarcerated population, and these statistics raise key questions on the nature of our justice system and the relative nature of the prison population (Jiggetts, 2019). Therefore, in the state of Virginia, there have been efforts to develop restorative and retributivist practices and policies to evaluate the civil and liberty rights of the imprisoned population. The historical background of Virginia’s cultural and legal landscapes shows that the region has been at the forefront of shaping the criminal justice system.

The state of Virginia comprises cities such as Newport News, Norfolk, and Portsmouth, these cities have been part of the broader national conflict around the criminal justice system which revolves around race, gender, class, and geography. Since the region has a wide range of population composition, it is a perfect ground to explore how criminal justice is influenced by these factors. The state of Virginia comprises African Americans who live in major parts of Norfolk and are accompanied by a white population mostly low-income earners living in the rural parts of the city. According to Banaji et al. (2021), historically, explicit policies and practices have played a vital role across all life domains to disadvantage those with low ties in society beginning with slavery, and racial segregation to criminal justice. Therefore, most marginalized communities are more likely to experience very harsh sentencing, limited legal protections, and overly policing authorities. These practices also apply to populations depending on their gender with women especially those of color experiencing harsh challenges in the justice system as they are subjected to sexual assault and or domestic violence. Thus, there is a clear line cutting across these populations which raises questions on the viability of the criminal justice system to provide equitable legal processes.

The social justice system has also been studied by scholars in the social geography context to explore how this system is related to inequality issues, intolerance, and discrimination (Hopkins, 2021). Therefore, social geographers aim to explore the life experiences of those experiencing problematic legal processes and the various policies that can be implemented to ensure that social reality in criminal justice is realized. This research focuses on seeking these answers in state of Virginal because of the region’s experiences with economic inequalities and racial segregation. The disparities experienced in this area are vital in shaping the institutions among them the criminal justice system. The question of justice depends on who in the region faces the institution and how they are likely to be treated.

Throughout the criminal justice research, more emphasis has been focused on other aspects especially in the state of Virginia leaving behind the racial, gender, class, and geographical differences and their impact on how one is treated in the justice system. Thus, this research focuses on this area because it will provide a broader look at how these issues are handled in a wide composition of individuals at various levels in society. This thesis will focus on exploring how the justice system in the state of Virginia has played a role in the continued discriminatory practices in the justice system based on gender, race, social class, and geography. The research will ensure that major patterns of inequality in the country which have also played a significant role in the unfair judicial system in the region are unearthed. Therefore, to ensure that the research captures all areas, and each aspect is explored, both qualitative and quantitative analysis will be vital in understanding the people’s experiences in their interaction with the region’s judicial systems and the major disparities.

Overall, this research will focus on empirical evidence from various literature sources to shed light on the issue and understand the study through other scholar’s perspectives on the identified disparities. Policymakers will have an opportunity to explore the evidence provided in this study and provide recommendations on the most appropriate legal and advocacy actions that can be taken to promote equity and reduce the disparities that the people in the state of Virginia are facing in the justice system. Therefore, the main goal of developing this research is to ensure that the evidence provided is sufficient to expose how people’s identities shape how the criminal justice system treats them despite the law being a two-edged sword that should cut both sides. Thus, this research will focus on the state of Virginia and the main goal will be to provide a comprehensive understanding of how gender, class, race, and geography intersect in the criminal justice to produce outcomes that are discriminatory to various groups in society and what can be done to address these impartial and unequal treatments in the future.

Statement of the Problem

In the state of Virginia, the justice system has for the longest time been influenced by several factors such as geography, race, social class, and gender, these factors have led to various discriminatory practices that have significantly affected various individuals. Although the State of Virginia is committed to providing an impartial and equal justice system, there is evidence showing that people or communities in lower-income, rural minorities, and women especially women of color experience disparities across the legal system in areas such as sentencing, access to representation when faced with legal challenges and rates of arrests (Mendoza, 2023). Although numerous studies have explored the issue of racial discrimination in the criminal justice system, few have focused on the impact of race, gender, geography, and social class in the state of Virginia. Therefore, the limited understanding of this topic in these areas shows that there is a gap in how the society in this system experiences the justice system. Thus, this research aims to uncover the equitability and fairness of the legal system in this region by examining whether these social identities have a role in shaping the discriminatory practices that have long been experienced in the state of Virginia.

In the criminal justice system, sometimes where you live may influence your access to justice or a fair and equal day in court. People living in poverty face numerous frightening barriers to access to justice, rejecting them the chance to challenge crimes, abuses, or human rights violations committed against them. The black families and communities are suffering from it. Families are being broken and lives are being ruined, once you receive a certain charge on your criminal record it is much harder to live and maintain in society today. What makes a white man or woman less capable of re-offending? The color of one’s skin should not influence their punishment in any courtroom. Sentencing guidelines are put in place for a reason and should be used no matter your skin color, race, or social class. Black male defendants in federal criminal cases receive much longer prison sentences than white men do. The extent to which these disparities reflect differences in criminal conduct as opposed to differential treatment is a long-standing question in law and economics.

The Significance of the Study

Throughout history, cases of discrimination in the criminal justice system have surfaced in the communities, especially according to race, gender, social class, and geography. Therefore, the significance of this study is to explore the potential intersection between these factors and legal system discrimination because they play a vital role in shaping these people's experiences in the legal system. Generally, Virginia like many other parts of the country experiences these discriminatory actions in the legal system, therefore, focusing on the state of Virginia is key to this research because the area has historically had complex racial segregation and social class disparities. The area will provide a comprehensive overview of how social identities intersect to influence the criminal justice system.

The significance of understanding these disparities is to ensure that the legal fairness in the area is improved and address the broader social inequalities in the area. The research findings will be vital in providing a deeper understanding of the nature of the problem through a local perspective and the implications of the situation on the broader social justice system in the country. Thus, the research will be significant to policymakers, community advocates, and legal practitioners because I will provide them with a clear picture of the role of discriminatory practices in social justice and various areas in the legal system that require reforms. The research will also identify trends in social justice inequality and inform various organizations on how to create an equitable legal system. The research will also set the foundation for future research on these intersections in other areas.

Literature Review

The justice system is required to provide all members of the community with equitable, impartial, and fair judicial processes and practices irrespective of their age, race, ethnicity, social class, geography, and religion. Despite ongoing efforts to establish a just judicial system, discrimination, and bias remain deeply entrenched within criminal law. These prejudiced practices continue to hinder the ability of criminal legal systems and institutions worldwide to deliver equitable outcomes. In the US, minority, racial, and marginalized communities are likely to be suspected of criminal behaviors compared to the rest of the population and when arrested, they are more likely to be detained in prisons as they await their trial and if the legal system found them guilty, they are also more likely to be punished severely. Thus, his literature review will provide comprehensive research on how race, gender, social class, and geography affect the outcomes in the criminal justice system.

Race and the Justice System

There are extensive studies that explore how race and justice systems interact, the studies have focused on uncovering the systemic inequalities and deep-rooted racial discrimination that have for a long time affected the minority population. According to Kovera (2019), major areas that are affected by racial disparities include participation in juries, prison populations, and policing, although not all these disparities may be a result of racial bias, there is significant evidence that race is a key factor in making decisions on the various areas within the criminal justice system. Racial disparities in the US have been linked to the country’s history during slavery where institutionalized racism and segregation were deeply rooted. Therefore, racial discrimination in the justice system can be traced back to the slave trade and dehumanization with laws such as Jim Crow and the Black Code laws whose main goal was to control marginalized communities (Artis, 2018).

The historical legacy of racism has been vital in shaping the contemporary legal systems, the structural and cultural racism in the justice system is a form of social control with minority groups in the society being major victims through incarceration and arrests (Lee, 2023). For example, over the years, police departments in the US have been a major part of enforcing racial hierarchies and segregation which has been adopted into modern-day segregation practices. According to Lee (2023), the criminalization of people of color is deeply embedded in the cultural and legal framework with Black individuals being majorly targeted, the article notes that dead blacks in the US are part of daily life from the slavery time when they were tossed from ship hulls, shot, hanged and gunned down by police officers. Racial discrimination in the judicial system is promoted through the notion of black savagery which has legitimized the use of oppressive practices in the judicial systems against these populations.

The most visible aspect of racial bias not only in Virginia but in the United States justice system is policing, there is a significant number of research showing that Latinos and Blacks have a higher likelihood of being stopped by police, searched, and even arrested compared to the white population. Pierson et al. (2020) assessed the racial disparities that exist in US policing by analyzing data from almost 100 million traffic police stops across the US, the findings showed that black drivers were less likely to experience traffic stops after sunset because the officers cannot racially identify a driver in the dark. The study concluded that these stops and searches are influenced by racial bias and there is a need to develop policy interventions to ensure these disparities are addressed. In the studies focusing on policing, racial profiling has been a major area of focus.

The use of force by the police is another key area that has raised concerns in policing, according to Lieberman (2024), there are huge disparities in police use of force against Black civilians compared to their White counterparts. Other police officers are required to use reasonable force when conducting arrests and only when excessive force is necessary should be applied, the police have for a long time ignored this directive and racially profiled individuals before deciding which type of force to use. Similarly, despite there being similar rates of drug use across the populations, there is evidence that Black Americans are more likely to face arrests on drug-related offenses, this significant disparity especially on drug arrests especially possession of marijuana has led to significant Black American population being incarcerated despite them being a minority in the country.

Racial discrimination and disparities extend beyond policing, race also plays a vital role in sentencing with many studies showing that Latinos and Black Americans are more likely to be punished harshly by the criminal justice system even with factors such as prior criminal records and type of crime being constant (Franklin & Henry, 2020). In the recent government-led reports, there is strong evidence that shows that ethnic and racial disparities have been key in sentencing, these reports and studies show that marginalized communities are more likely to receive longer sentences, approximately 19.1% longer than White offenders who have committed similar offenses (Veiga et al., 2023). The main explanation that can be generated from these differences is the racial bias among judicial system actors such as juries, prosecutors, and judges, although these judges are trained to be impartial, evidence suggests that their implicit bias impacts how they deliver their sentencing which often results to harsh sentences on minority populations. Although advocacy groups and the Fair Sentencing Act of 2010 have reduced the disparities, there is still a long way to go before achieving a proportionate sentence.

The main area of racial discrimination in the judicial system that has caught the eyes of many people is the rate of incarceration and racial disparities. The Bureau of Justice Statistics shows that Black Americans are incarcerated six times the rate at which White Americans are incarcerated raising concerns over the disproportionate structures in the criminal justice that have led to these figures despite Black Americans being a minority population in the country (Parker & Perez-Brumer, 2024). This mass incarceration of marginalized communities is influenced by the policies and processes that target such communities. One of the major policing policies that has become a loophole for mass incarceration of minority communities is the “broken windows” policy which focuses on minor offense cracking to prevent major crimes majorly conducted in minority groups’ neighborhoods. This policing has resulted in the overrepresentation of these marginalized communities in the prisons.

Racial disparities in the criminal justice system have been persistent in the past years and are accompanied by gaps in trust (Camp, 2024). Cumulatively, racial disparities in criminal justice have been promoted by differences in incarceration, sentencing, and policing. These disparities have long-term consequences because they extend beyond the legal system realm to society. Individuals with felony convictions in society are denied basic social necessities such as employment, and voting. Thus, race is a critical factor in understanding disparities in the justice system and it intersects with identities such as gender, social class, and geography to form a complex web of patterns of impartial, and unfair justice system. Moreover, this disparity in race in the judicial system culminates in the disadvantages that minority populations in areas such as the state of Virginia experience. The overall result of such action whether intentionally or unintentionally by the judicial system is a continued wave of poverty, social exclusion, and mass incarceration of specific groups.

Gender and the Justice System

In the justice system, one of the key players that has significantly shaped individual experiences is gender, although previous studies have focused on race and social class, gender disparities in the judicial system have raised concerns about the impacts of gender on legal outcomes. The judicial system has been historically designed in a way that promotes gender disparities, in his article Rahman (2021) notes that “the law is ‘male’” because the criminal justice system is male-dominated. Before the civil rights movements, society was patriarchal, and all laws were designed to enforce the gender norms which mostly viewed women as subordinates to men in the society. Therefore, for very many years, the legal system has historically operated to uphold the dominance of men in society by protecting their rights in areas like family, property, and criminal justice. In the patriarchal system, there were no women's rights as they were mostly restricted from taking any positions in the criminal justice system.

The nature of the criminal justice system has historically marginalized women and the legal policies and practices did not protect the rights of women which led to the rise of feminist movements to advocate for the rights of women who had been neglected by the legal system. Mendoza (2023) notes that legal institutions and laws have changed significantly over the years to include women, issues such as reproductive rights and sexual violence have now been reinforced in the legal system. Nonetheless, there is still a significant gap in women's legal structures, and the feminist movements are still advocating and fighting to have the system recognize them and address the significant challenges that women experience in the legal system. There are significant areas in the judicial system that can be discussed concerning gender disparities in the justice system and one of the areas is gender violence. In many societies, women have not achieved freedom, and they are still affected by sexual assault and domestic violence, their effort to seek justice has in most cases been futile because the legal system has put significant barriers to seeking justice on gender-based violence.

When talking about domestic violence, there is a higher chance that a woman is a victim than a man, however, there are still no protection laws and systems to cur these incidences. In the past, domestic violence has been treated as a private matter and the parties involved are told to solve it outside the courtroom because it was not considered a criminal justice issue. These assumptions and lack of recourse have led to under-reporting of the under-prosecution of the perpetrators leading to more cases and harm among women. In research by Rockowitz et al. (2024), sexual violence is a significant human right and public health issue, and survivors face various challenges and barriers when accessing legal justice and medical support. These challenges have led to the enactment of laws protecting women from sexual and domestic violence in the US. The main group of women who suffer from these atrocities are women from low-income societies and women of color, various studies show that a woman who frequently reports sexual and domestic violence is often subjected to skepticism, and in the justice system, they are blamed.

Nonetheless, sexual and domestic violence is prevalent in both genders, and research showed that there are disparities in sentencing between men and women who are charged with sexual offenses, the study found that males who have committed sexual offenses are handed harsh sentences compared to women who have committed similar offense (Beeby et al., 2021). In most cases, judges both men and women and juries are more likely to side with a woman in a sexual offense and are more likely to believe what a woman reports than a man. For example, when a man is beaten by his wife, he is less likely to report it because the authorities will stereotype him as a weak man due to his masculine nature but when a woman reports a similar case, they are empathized, and the man is punished for taking advantage of a “weaker gender.” However, despite sentencing being lenient across genders, there are other disparities with factors such as race and social class affecting how the sentence is given. Women from low-income communities and those of color are likely to be handed harsher sentences for committing similar offenses to a White woman.

Women's incarceration has become a key area of concern in recent years with the number of those incarcerated increasing significantly, overall, there are more men incarcerated than women but the number of women in prisons has increased significantly in the last few decades. A study shows that before being put in prisons, women are more marginalized than men and they are likely to experience higher rates of mental illness and stigmatization (Bucerius & Sandberg, 2022). Consequently, incarcerated women face other challenges such as sexual violence, motherhood, and pregnancy, most of the women who are arrested and jailed are mothers and, in most instances, they are primary caregivers to their children which brings a sig

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