Gender Bias in Imprisonment Decisions of Intentional Spousal Homicide in China

Abstract

Spousal homicide has become one of China's most common forms of femicide. Therefore, the investigation of systematic gender bias and gender in-group bias in imprisonment decisions is conducted in this study to explore the fairness and impartiality of the Chinese judicial system. Fifty random intentional spousal homicide cases in China are analysed using the context analysis method. The study found a large similarity between the judicial decision made by female and male judges; however, male plaintiffs have a larger chance of receiving sentences of life imprisonment and the death penalty from judges of either gender. Moreover, excluding life imprisonment and the death penalty, plaintiffs of identical gender as the judge are more likely to receive slightly shorter sentences, suggesting a slight in-group gender bias in the judicial decision in China.