Gender dynamics in the sentencing of white-collar offenders

Abstract

Theory and empirical research often have agreed that female and white-collar offenders benefit from leniency at the sentencing stage of criminal justice system processing. An untested research question emerging from these distinct bodies of literature is whether the greatest leniency is afforded to female white-collar offenders. We investigate the individual and interactive influences of gender and white-collar conviction on judicial leniency by analyzing Florida sentencing guidelines data from 1994 to 2004 using multinomial logistic regression to model the decision to incarcerate nonviolent economic offenders in jail or prison rather than sentence them to community control. Results indicate that female street offenders sentenced by male judges receive the most lenient sentences, while male offenders are punished the harshest regardless of the gender of the sentencing judge or type of crime. Theoretical and policy implications of the findings are discussed in terms of focal concerns, familial paternalism, and attributional perspectives on judicial decision-making.