Defendant Gender Research Articles

The Role of Defendant Gender and PTSD Diagnosis in a Battered Spouse Case.

A quarter of women and 11% of men report being survivors of intimate partner violence (IPV) during their lifetimes in the United States. Despite being victims themselves, people who kill their IPV abuser can still be subject to criminal proceedings. Given this complexity, the law has employed battered spouse syndrome (BSS) as a tool used in some jurisdictions to support a claim that an IPV survivor killed in self-defense. A defendant who is attempting to claim self-defense using BSS may introduce testimony of post-traumatic stress disorder (PTSD). However, a diagnosis of PTSD can pose problems in admission during litigation as the occurrence of a traumatic event is often what is being decided. The present study examined how college students, living on the U.S.-México border, perceive survivors-turned-defendants in a BSS mock trial. Specifically, we had each participant read a written trial transcript of a mock trial where gender of the defendant and clinical diagnosis of PTSD were manipulated. The current study hypothesized that jurors would be more lenient toward female defendants than male defendants (Hypothesis 1), jurors would be influenced by a PTSD diagnosis of the defendant (Hypothesis 2a-b), and female jurors would be more lenient than male jurors (Hypothesis 3). We also wanted to examine the impact of victim blaming, sexism, stigma of PTSD, and prior exposure to IPV on decision-making (Hypothesis 4a-d). Findings showed jurors were more lenient with female defendants than male defendants, however there was no effect of clinical diagnosis except on difficulty of decision. Implications of the role defendant gender has in decision-making is discussed.

Gender, Generations, and Guilt: Defendant Gender and Age Affect Jurors' Decisions and Perceptions in an Intimate Partner Homicide Trial.

Using the context of an intimate partner homicide trial, the study explored the effects of defendant gender and age on mock-jurors' verdicts, sentences, and culpability ratings-and whether defendant credibility and juror anger mediate these effects. The study used a 2 (Defendant Gender: male vs. female) × 3 (Defendant Age: 25, 45, or 65 years) between-subjects design. Participants (N = 513 community members) completed the experiment online. Participants were randomly assigned to one of the six Defendant Gender × Age Conditions. Participants read the trial transcripts that included the age and gender manipulations, provided verdicts and sentences, and completed the following measures: culpability, anger, credibility, and manipulation checks. Consistent with our hypotheses mock-jurors were more likely to find the male defendant guilty and give him longer sentences than the female defendant. Additionally, when the defendant was male (vs. female) mock-jurors provided higher anger ratings and rated the defendant as more culpable in the victim's death. Also consistent with our hypotheses, mock-jurors were more likely to find the youngest defendant guilty and view him as more culpable and less credible than the oldest defendant. The mechanisms responsible for jurors' biased decisions varied as a function of the extra-legal variable (defendant gender vs. age). The defendant age effect was mediated by defendant credibility and the gender effect by juror anger. A defendant's right to a fair trial is dependent on a court's ability to limit extra-legal variables from influencing jurors' decisions. Understanding the mechanism responsible for such bias is required before the courts can effectively remedy bias.

The intersection of defendant gender and racialisation in a case of child neglect

ABSTRACT This study investigated the effects of defendant gender (man/woman) and racialisation (Indigenous/White) on Canadian mock jurors’ verdicts in a case of parent-perpetrated child neglect. The potential intensified negative consequences against Indigenous women, produced by the intersectionality of gender and racialisation, were of particular interest. Four hundred and one participants read a mock trial transcript, provided verdicts on two charges, and rated the defendant on a variety of adjectives. Logistic regressions revealed mock jurors were not influenced by the defendant’s gender or the interaction between the defendant’s gender and racialisation. Racialisation had an unpredicted influence, with an Indigenous defendant receiving fewer guilty verdicts. The adjective ratings moderated the effect of gender on verdicts, but not racialisation. Mock jurors were less likely to find a woman guilty when they held positive impressions of her. This study contributes to previous literature that suggests jurors’ verdicts may be influenced by extralegal factors.

Defendant psychopathic traits, but not defendant gender, predict death penalty verdicts in mock-juror decision making

Perceptions of a defendant’s psychopathic personality traits can impact mock jurors’ decision making, yet findings on the relationship of jurors’ and defendants’ gender on legal decision making have been inconsistent. This study investigates the relationship between defendant prototypical gender-congruent or -incongruent psychopathic traits and mock jurors’ perception and sentencing recommendations. In a between-subject design, participants (N = 1,721) rendered a verdict and rated the extent to which they perceived the defendant as legally responsible, morally responsible, and their recidivism risk. Participants prescribed harsher punishments and held more negative perceptions of a defendant with psychopathic traits than a defendant without these traits. However, the defendant received similar punishment and was judged equally negatively in both gender-congruent and -incongruent conditions. Finally, while men were more likely to choose the death verdict, women held more negative views of the defendant. Thus, portrayal of psychopathic traits seems related to harsher sentencing independent of gender-specific trait variations.

Abuse in Sports: The Influence of Victim Gender, Defendant Gender, and Type of Abuse

Abuse in Sports: The Influence of Victim Gender, Defendant Gender, and Type of Abuse

Perceptions of a Plea Agreement in Cases of Teacher and Adolescent Student Sexual Assault

ABSTRACT An estimated 90% of reported sexual abuse cases result in a plea agreement. The present study investigated the perception of plea agreements involving a teacher-adolescent student child sexual assault case. A 2 (teacher gender: male or female) x 2 (student gender: male or female) x 2 (punishment type: probation or jail) within-participant design was used with participant gender included as a between-participant factor. Perceptions of the plea agreement served as the dependent variables. Participants (N = 52; 48.1% male, 51.9% female) each read the eight vignettes in a random order and then rated their perceptions (e.g., support for the judicial process, degree of justice served, how upset they were by the plea) of a plea agreement on a 7-point scale. It was found that participants showed less support for plea agreements (1) offered to male teacher offenders compared to female teacher offenders and (2) when the punishment was probation compared to jail time. Additionally, participants’ emotional reactions (e.g., how upset) mediated the relationship between the independent variables (defendant gender and punishment type) and participants’ perception of the plea agreements. Results and implications are discussed in terms of procedural justice and the importance of public perceptions of pleas.

The role of defendant gender on juror decision-making within a mock sex trafficking case among a jury-eligible community sample

ABSTRACT Sex trafficking is considered a public health emergency, although there is public confusion about the crime. Defendant gender has been demonstrated to affect juror decision-making within crimes of sexual victimisation, but there was no known literature examining the effect of defendant gender on juror decision-making within a sex trafficking case. To address this void in the literature, we investigated the effect of defendant gender on juror decision-making in a mock sex trafficking case. A community sample of jury-eligible individuals (n = 204) were randomly assigned to either a male or female defendant gender condition in which they read a sex trafficking mock trial summary and completed the Juror Decision Scale. The male defendant was found guilty significantly more frequently than the female defendant although the effect size was relatively small. Complainant Believability, Defendant Believability, and Decision Confidence significantly predicted verdict. Implications of these findings for the justice system are discussed. Clinical impact statement: The importance of addressing the crime of sex trafficking is paramount; however, there was a void in the juror decision-making literature. Findings from this experimental simulation of juror decision-making in a mock sex trafficking case indicated that defendant gender plays a role in verdict formation. Juror education is recommended to reduce the effects of gender bias in sex trafficking jury trials.

The Offense-Specific Nature of Gender and Familial Responsibility in United States Federal Sentencing, 2010–2016

Prior sentencing research has identified leniency afforded to females (compared with males) and those with familial responsibility (compared with those without). Studies have also found that the effect of defendant gender, familial responsibility, and their intersections depend on the type of offense examined. What remains unclear is the situations in which these factors matter more or less. The purpose of this study is to disaggregate extralegal effects by understanding how gender, familial responsibility, and their intersections influence federal sentencing outcomes across various offense types. Findings from this study suggest that gender, familial responsibility, and their combinations exert different influences depending on the (a) dependent variable and (b) offense type examined.

Effect of Gender Role Stereotypes of Mock Jurors and gender of defendant on the Punitive Judgments of a Spouse Insurance Homicide Case

Effect of Gender Role Stereotypes of Mock Jurors and gender of defendant on the Punitive Judgments of a Spouse Insurance Homicide Case

The Impact of Defendant Gender and Attractiveness on Juror Decision-Making in a Sexual Offense Case

ABSTRACT In recent years, instances of educator sexual assault against students have flooded the media. In particular, female teachers who abused students have seized the public’s attention as they are often portrayed as attractive and a sexual fantasy. This portrayal can then impact the way society perceives these sexual assaults. Importantly, however, it is not known whether this perception influences the prosecution and sentencing of these cases. The current study examined the impact of gender and attractiveness of a teacher, as well as gender of the student victim, on juror decision-making in a teacher/student sexual assault case. Using a 2 (Teacher Gender) X 2 (Student Gender) X 3 (Attractiveness Level: Attractive/Unattractive/No Photo) experimental design, we examined jurors’ decisions regarding guilt, sentencing, and perceptions of the teacher and student. Results suggest that the gender of the teacher may impact juror decision-making; however, the level of attractiveness of the teacher and gender of the student had minimal effects. The study contributes to our understanding of how educators who commit sexual acts against students are perceived and treated in the court system.

Lady Injustice: The Moderating Effect of Ambivalent Sexism in a Mock Case of Intimate Partner Homicide

Extra-legal biases have an undue effect on legal proceedings, warranting explorations of gender bias in the courtroom to promote and maintain just verdicts. We used an experimentally manipulated mock court transcript of an intimate partner homicide, in which the defendant has been victimized by intimate partner violence. We explore whether hostile and benevolent sexism moderate the decisions of mock jurors. Men and women mock jurors ( N = 220) responded to the Ambivalent Sexism Inventory before being randomly allocated to read a transcript of either a female or male defendant, and then responding to five sentence outcome variables. Hostile and benevolent sexism moderated several sentencing outcome variables, across a range of male and female juror and defendant gender combinations, suggesting these forms of sexism are consequential in driving forensic gender biases. This study also contributes to the literature suggesting that male victims of female-perpetrated intimate partner violence are systemically disadvantaged in courtroom processes.

Sentencing departures and focal concerns: The joint effect of race and gender on departures in United States district courts, 2014 – 2016

ABSTRACT The current study aims to examine the joint effects of defendant race and gender on (1) downward sentencing departures (likelihood and length) and (2) upward sentencing departures (likelihood and length) in federal criminal courts. Using federal criminal cases sentenced between October 1, 2014 and September 30, 2016, a series of multivariate logistic and ordinary least squares regression models are used to isolate the effects of defendant race and gender (and their intersections) on departure decisions. Findings indicate that greater punitiveness for minorities in departure decisions are exclusive to Black males. Further, females of all race/ethnic groups examined are consistently advantaged in departure decisions when compared to White men. Findings regarding Hispanics indicate little difference in departure decisions compared to Whites, but where differences exist it is to the advantage of Hispanics. Findings and implications are discussed in light of focal concerns perspective and prior research.

Gender Equality and Sentencing Outcomes: An Examination of State Courts

The current study examined whether measures of structural gender equality conditioned the effects of defendant gender on incarceration decisions. Using data from the State Court Processing Statistics (SCPS) database, multilevel logistic regression was used to examine the relationship between both case- and county-level variables on incarceration decisions on a sample of defendants sentenced in state courts. Results indicated that women were less likely to be sentenced to prison than men, but there was no gender difference for jail and noncustodial sentences; however, the structural gender equality measures exerted only slight influences over sentencing outcomes.

The influence of defendant body size and defendant gender on mock juror decision-making

These studies were designed to extend the limited psycho-legal literature on weight bias in juror decision-making. Methods: In two studies, students (N = 208) and online community participants (N =...

Mock Jurors' Perceptions of Sexual Assault on a University Campus.

The purpose of this study was to examine how defendant gender, victim gender, location of sexual assault (professor's office vs. fraternity party), and whether the defendant was intoxicated influenced mock jurors' decisions in a sexual assault case. Mock jurors (N = 503) read a mock trial transcript depicting an alleged sexual assault and were asked to render a dichotomous verdict, continuous guilt rating, and rate their perceptions of the victim and defendant. There was no influence on mock jurors' dichotomous verdicts. However, the presence of intoxication did influence continuous guilt ratings; intoxicated defendants elicited higher guilt ratings compared to sober defendants. Whether the defendant was intoxicated and the location of the crime were found to impact mock jurors' perceptions of the defendant (e.g., believability, credibility); whereas the gender of the defendant affected the perceived control the defendant had over the situation. Victim gender was found to impact mock jurors perceptions of the victim, such that female victims were perceived more favorably than male victims; this may support the idea that male victims of sexual assault are generally perceived more negatively than female victims. These results, and more, are discussed in terms of the current study and the larger implications.

The Ethicality of the Demand for (Trans)parency in Sexual Relations

This article considers what we owe to each other by way of information disclosure prior to sexual intimacy. It does so in one specific context, namely sexual relations between cisgender and transgender people. In recent years, the UK has witnessed a spate of sexual offence prosecutions brought against young transgender and other gender non-conforming people. The article does not deal with questions of criminal law, at least not directly. Rather, it aims to challenge the dominant cisnormative view that non-disclosure of (trans)gender history is unethical. The article contains four parts. First, it will issue an important caveat concerning complainant claims of ignorance of defendant gender identity. This is important because without the caveat, the analysis might be viewed as reinforcing the transgender/deception coupling. Second, the article will delineate the relevant ‘facts’ about gender in relation to which ethical conclusions might appropriately be drawn. This section will highlight how problematisation of (trans)gender identity is an effect of cisnormative power and privilege. Third, the article engages with arguments derived from normative ethics, ones which accept gender identity claims, at least nominally, but nevertheless view non-disclosure of gender history to be unethical. It will do so in order to highlight how, even when issues of ideology, power and privilege are ignored or suspended, the view that an ethical obligation to disclose ought to exist will not necessarily win the day. Finally, the article returns to issues of cisnormative power and privilege and considers what it might mean to be ‘ethically gendered,’ and the implications of being so for the way we think and feel about sexual encounters in a world characterised by gender variance.

Juror decision making in not criminally responsible on account of mental disorder trials: Effects of defendant gender and mental illness type

This study sought to examine the potential impact of defendant gender and mental illness type on Canadian juror decision making by manipulating the gender (man, woman) and mental illness (substance abuse disorder, schizophrenia, bipolar, depression) of the defendant in a second-degree murder case involving an insanity plea. Participants read a trial transcript that included definitions of second-degree murder and the not criminally on account of mental disorder (NCRMD) defense. Participants then provided a verdict (guilty or NCRMD) and completed various scales measuring attributional judgments, perceptions of the defendant, and perceived dangerousness. Contrary to expectations, NCRMD was chosen over a guilty verdict in the majority of cases. Findings also indicated that participant decisions and perceptions regarding defendants diagnosed with substance abuse disorder differed from the other mental illness groups. The gender of the defendant had an influence on participants' perceptions of internal attributions, and the perceived stability of criminal behaviors. Results suggest that perceptions of mental illness influence verdicts in NCRMD cases, and that defendant gender plays a role in participants' perceptions of defendants. These findings contribute to the scarce literature on mental illness in the Canadian court system. Future research should examine the interaction between juror gender, defendant gender, and mental illness in insanity cases.

Defendant Physical Disability and Sentencing in Criminal Cases

Two experiments were conducted to examine the impact of a defendant’s physical disability on sentencing recommendations in criminal cases. In both experiments, participants were assigned to one of four conditions in a 2 (defendant gender: female, male) x 2 (defendantdisability:wheelchair visible or not) factorial design. Participants in both conditions also completed the Belief in Just World Scale (BJW), the Revised Legal Attitudes Questionnaire (RLAQ), and the Attitudes towards the Criminal Legal System Scale (ATCLS). Participants were then asked to recommend a sentence for the defendant ranging from no period of incarceration to life in prison and to indicate their level of confidence in the recommended sentence. In experiment 1 the defendant was convicted of murder, and in experiment 2 the defendant was convicted of embezzlement. In both experiments, longer sentences were associated with higher scores on the BJW, RLAQ, ATCLS, and male gender. No significant differences were found in recommended sentences for disabled or non-disabled offenders in either condition. Findings suggest that physically disabled offenders are treated no differently than non-physically disabled offenders regardless of defendant gender or type of crime.

Chivalry Revisited

There is limited research on the role of gender in charge reduction, particularly for domestic violence cases.The purpose of this study is to test the direct and interactive effects of defendant gender, race/ethnicity, type of offense, and victim gender on charge reduction. A population census of 2,281 domestic violence cases in a large Midwestern county was obtained from the prosecutor’s office. The effect of gender varies depending on the operationalization of charge reduction. Female-on-female cases were least likely to be dismissed. Non-White females were least likely to receive a violent charge reduction. Future research on the underlying mechanisms of why female-on-female cases and non-White females are less likely to receive a reduction is needed.

Effect of criminal defendant's history of childhood sexual abuse and personality disorder diagnosis on juror decision making.

This study investigated whether a defendant's history of childhood sexual abuse (CSA) and/or personality disorder (PD) diagnosis affected juror decision making in a child sexual abuse trial. The PDs in the study were borderline PD and antisocial PD. Participants were 385 college students, 121 men and 264 women, who read a summary of a mock criminal trial and then made various juror decisions. Trial summaries were prepared by the principal investigator and were all uniform in content, length and detail. For the trial, both the defendant's gender and victim's gender were specified. The defendant was male, and the alleged victim was female. When the verdict was assessed, the results yielded that when the defendant's CSA history was presented, juror guilt ratings were higher than when there was no history of CSA. Similarly, when the defendant had a PD diagnosis, there were higher guilt ratings than when there was no PD diagnosis. CSA history and PD diagnosis were significant predictors of guilt ratings, suggesting that jurors perceive defendants more negatively if they have either been sexually abused as a child or have borderline or antisocial PD.