Justice and blameworthiness: gender disparities in the criminalization of hot car deaths

Abstract

On average, 38 children die each year after being left in a vehicle in the US, and in many of these cases, a parent was responsible for the child. In the aftermath of a “hot car death,” the local prosecutor determines what type of punishment, if any, a parent should face. Our project examines the role that gender plays in the decisions of prosecutors. Will mothers or fathers face harsher prosecution when they unknowingly leave children in their cars? Existing literature on blameworthiness, family, and criminal justice does not have a clear answer. In collaboration with Kids and Car Safety (KACS), a national nonprofit, we coded data about gender and legal processes involving parent-related cases between 2004 and 2017, supplementing KACS’s database of newspaper articles, court files, and other types of documents. Results of statistical tests reveal that mothers face harsher prosecution, and prosecutors who are women pursue hot car deaths more harshly. These findings answer questions about blameworthiness in hot car death cases and further illuminate inequality in the criminal justice system.