Justice and Parental Blameworthiness: Gender and Racial Disparities in the Criminalization of Hot Car Deaths

Abstract

Nearly 40 children per year die in hot cars in the US. In the aftermath of a “hot car death,” police make decisions about arrests, and prosecutors determine what type of punishment, if any, a parent should face. These cases offer a unique opportunity to compare parents responsible for the accidental death of their children, highlighting the interplay of gender and race in sociolegal responses. By focusing on similar circumstances with differing parental identities, this research illuminates how intersecting social factors influence perceptions of blame and responsibility. Drawing on focal concerns theory and notions of blameworthiness, our project examines the role that parental gender and race play in the arrests, charges, and convictions in hot car death cases. We analyze 267 hot car deaths between 2000 and 2019. We find that mothers and non-White parents are more likely to be arrested and face harsher prosecution: they are criminally charged more often than fathers and White parents. Non-White mothers are treated most harshly. These findings illuminate inequities in the criminal justice system and underscore the need for communities to raise awareness and for new policies rather than criminalizing hot car deaths.