Observing Gender and Race Discourses in Probation Review Hearings

Abstract

Much of the prior court literature has demonstrated gender and racial disparity exist across various decision-points. Less understood are the processes that produce this disparity, particularly in problem-solving courts. This article utilizes 100 observations of probation review hearings in three domestic violence courts to examine how judges, probation agents, attorneys, and probationers construct a probationer’s non-compliance. Using a critical discourse analysis approach, the author examined how probationers and their actions are constructed based upon gender and racial discourses. Gender differences in parenting responsibilities, mental health, and domestic violence discourses emerged, with racial differences in responsibility and mental health discourses.