Sex Of Defendant Research Articles

Gender biases in legal decision-making: an exploration of judicial and public perceptions across multiple offences

Purpose The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex. Design/methodology/approach The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men. Findings The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders. Originality/value The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.

The Non-Constant Effect of Defendant Sex across Criminal History: How and When Does Criminal History Condition Sex Disparity at Sentencing?

The goal of this study is to examine how, and when, criminal history conditions the effect of defendant sex on incarceration and prison sentence length decisions in Minnesota state courts. Results suggest that sex differences in sentencing are largely concentrated amongst those who have extensive criminal histories, bypassing those who have little or no criminal history. Moreover, criminal history’s aggravating contextual effect on sex often depends on the dependent variable examined and type of offense committed. Study results shed light on the situations where extralegal disparities are “hidden” in the nuances of case characteristics.

Litigation in Hand Surgery: A 30-Year Review.

Although hand surgery is generally safe and effective, some patients experience complications or poor outcomes prompting them to seek compensation. This study reviews malpractice claims in hand surgery using a national data set to assess reasons for litigation and identify predictors of outcome. The Westlaw database was queried for cases related to hand surgery and medical malpractice between 1989 and 2018. Jury verdicts and settlements were reviewed for relevance, and variables including plaintiff and defendant demographics, diagnosis, alleged reason for malpractice, verdicts, and payouts were recorded. Four hundred thirty relevant claims were identified. Distal radius fractures (21 percent), carpal tunnel syndrome (14 percent), and tendon lacerations (6 percent) were the most common diagnoses. Alleged reasons for malpractice included failure to diagnose/treat (34 percent), surgical negligence (29 percent), and improper procedure/treatment (19 percent). Thirty-six cases (8 percent) resolved in settlement for a mean payout of $551,957. A plaintiff verdict was reached in 98 cases (25 percent of trials), with a mean payout of $832,258. The remaining 296 cases (75 percent of trials) resulted in defendant verdicts (no payout). Plaintiff age, plaintiff sex, defendant sex, and defendant degree had no impact on trial outcome. Cases involving surgeons without subspecialty certification in hand surgery were significantly more likely to result in plaintiff verdicts (27 percent versus 7 percent with hand subspecialization; p = 0.003). This study reviews malpractice claims in hand surgery over the past 30 years. Providing timely diagnoses, managing expectations, and reducing procedural error may decrease the risk of litigation.

Is Chivalry Dead?: An Examination of Charge Reductions in One Ohio Jurisdiction

Scholars continue to recognize the important role prosecutorial discretion plays in the criminal court system. Using a sample of felony cases referred to one Prosecutor’s Office in Ohio, the current study investigates whether true or selective chivalry exists by examining main and interactive effects of defendant sex on the likelihood of reduced charges and the magnitude of these reductions using a novel approach. Results suggest that true chivalry exists between White males and females, however, no significant differences were noted between Black and White females.

A multi-level analysis of the direct and joint effects of gender and mode of disposition on sentencing in federal courts

ABSTRACT The current study examines the influence of defendant sex, mode of disposition, and sex-by-mode of disposition grouping on incarceration and sentence length decisions. In addition, this study examines contextual effects on the trial penalty for males and females. Generally, findings suggest that females receive more lenient sentences, those convicted via plea receive more lenient sentences, and males convicted via trial receive harsher sentences than all other sex-by-mode of disposition grouping. Analysis of cross-level interactions signify that districts which sentenced higher average offense levels had smaller trial penalties at the incarceration decision and larger trial penalties at the sentence length decision for both males and females. Meanwhile, no detectable influence of caseload size on the effect of sex, mode of disposition, and their intersections at either sentencing point was found. Implications for the study findings are discussed and future avenues of research are recommended.

Saving damsels, sentencing deviants and selective chivalry decisions: juror decision-making in an ambiguous assault case

In sexually motivated crimes, female defendants are treated more leniently and female jurors are more punitive, relative to their male counterparts. However, few studies have examined the impact and interactions of juror, defendant and victim sex in non-sexually motivated crimes. In this study, mock jurors responded to an assault case in which the sex of both the defendant and the victim was manipulated, creating four conditions. The female jurors reported higher confidence in a guilty verdict, regardless of the defendant's and victim's sex. Additionally, the mock jurors – particularly the females – were more confident in a guilty verdict when the victim was female, regardless of the defendant's sex. Finally, the mock jurors recommended a harsher sentence for the female defendant – but only when the victim was male. These results are discussed in the context of understanding sex and gender within the criminal justice system and potential implications for juror decision-making.

The Failure of All Mothers or the Mother of All Failures? Juror Perceptions of Failure to Protect Laws.

Failure to protect laws have been an area of interest among legal scholars, child and domestic violence advocates, and the social work and psychology fields with varying focuses on the societal underpinnings of the laws and their application. Despite the pervasive legal literature on "mother blaming" and the revictimization of battered women that these laws engender, few studies have empirically examined if "mother blaming" occurs in these cases, or if battered women are treated more harshly. The aim of the present study was to investigate the impact of defendant sex and presence of domestic violence on mock juror decision making in a failure to protect case. The influences of juror sex on decision making were also examined. Jury eligible community members read a summary of a case in which the defendant was charged with failing to protect their child from a third-party abuser. The sex of the defendant and the presence of domestic violence were manipulated. Participants then rendered a verdict, provided sentencing recommendations, and responded to attitudinal questions about the defendant and perpetrator. Mock jurors were more likely to find the defendant guilty and view the defendant more negatively when the defendant had been the victim of domestic violence. Defendant sex did not affect outcome measures; however, female jurors were more punitive than male jurors. Results are discussed in terms of "victim blaming" and labeling theory of intimate partner violence.

The Impact of Victim Demographics on Case Outcomes in Delinquency Proceedings: An Empirical Test

AbstractWhile the impact of the defendant's sex and race on processing decisions is well researched, less is known about the impact of the victim's sex and race on juvenile court decision making. Using data from the juvenile court in St. Louis, Missouri, this study explores direct and interactive effects of the victim's sex and race on outcome decisions for juvenile offenders. Findings suggest that legal differences account for most of the observed differences in detention, commitment and adjudication among the sample studied.

An Examination of Defendant Sex Disparity in Capital Sentencing: A Propensity Score Matching Approach

Although much prior work has examined the influence of extralegal factors on jury capital sentencing decision-making, the influence of defendant sex has been largely omitted from previous investigations. Using propensity score matching methods, the current study analyzes data from the North Carolina Capital Sentencing Project to examine whether “sex matters” in capital sentencing. Findings demonstrated that prior to matching there was a significant difference in the likelihood of receiving the death penalty for female and male defendant cases; however, after matching cases on an array of legal and extralegal case characteristics, these differences were no longer significant. Further results revealed that male defendants’ cases included different aggravating and mitigating factors than female defendants’ cases and that female defendants had limited “paths” to capital trials. Findings suggest that any apparent sex effects that are observed in capital sentencing stem from real differences in the case characteristics found in female and male defendants’ cases rather than any direct effects of defendant sex on jury decision-making. Study limitations and implications for death penalty research are also discussed.

The influence of a defendant’s body weight on perceptions of guilt

To investigate the influence of a defendant's weight on simulated jurors' perceptions of guilt. Participants were 471 lean and overweight adults (mean body mass index: 25.34±5.91) who read a vignette describing a case of check fraud while viewing one of four images of the alleged defendant (a lean male, a lean female, an obese male or an obese female). Participants rated the defendant's culpability on a 5-point Likert scale and completed measures of anti-fat attitudes. Male respondents endorsed greater overall weight bias than females (F (1470)=23.815, P<0.01, η(2)=0.048). A three-way interaction was detected between participant sex, defendant sex and defendant weight on perceptions of guilt such that when the defendant was female, male participants were significantly more likely to find her guilty if she was obese than if she was lean (guilt ratings=4.05±0.83; 3.31±1.03, respectively; F(1467)=5.935, P=0.015, R(2)=0.060). In addition, lean male participants were significantly more likely to believe that the obese female defendant met criteria for check fraud, and indicated greater belief she would be a repeat offender, compared with the lean female defendant (t(90)=2.081, P=0.040; t(90)=2.395 P=0.019, respectively). There were no differences in perceptions of guilt or responsibility between the obese male and the lean male defendants. The results of this novel study indicate that both weight and gender of a defendant may affect juror perceptions of guilt and responsibility.

Sex, Sexual Orientation, and Sexism: What Influence Do These Factors Have on Verdicts in a Crime-of-Passion Case?

ABSTRACT This study investigated the influence of defendant sex, sexual orientation, and participant sex on perceptions of a crime-of-passion. An online sample of 458 individuals read a scenario describing a homicide and provided judgments of verdict, sentence length, legal elements, and sexism. We hypothesized heterosexual female defendants would most likely receive a verdict of manslaughter, be found less guilty, and receive shorter sentences. We were also interested in whether benevolent sexism would contribute to defendant culpability decisions. Lastly, perceptions of legal elements for manslaughter (e.g., great provocation) and murder (e.g., intentionality of actions) were explored. Results demonstrated heterosexual female defendants were less guilty and received the shortest sentences. Also, heterosexual defendants were most likely to meet the manslaughter legal elements. Benevolent sexism contributed significantly to guilt perceptions.

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

Research Summary The impact of Ohio's presumptive guidelines on sentencing disparities was examined for one of the state's largest jurisdictions to determine whether the switch to more structured sentencing in 1996 had any enduring effects. Sentencing patterns were examined both before and shortly after the 1996 reform, as well as 9 years later. Findings revealed weaker race and marital status effects on imprisonment under guidelines versus stronger age effects, no changes in disparities based on a defendant's sex and means of support, and (virtually) no changes in the magnitude of legally relevant effects. Policy Implications Ohio's guidelines are more flexible relative to other guideline schemes, possibly accounting for the general stability in effects across regimes. Ohio has since transitioned to voluntary guidelines, which raised concerns that the change will yield higher levels of sentencing disparities. Findings suggest that the transition may coincide with no changes in legal effects, yet with greater disparities based on a defendant's race and marital status.

Blind Justice: “Seeing” Race and Gender in Cases of Violent Crime

Racial disparities in the justice system, particularly as they relate to the death penalty, have received increasing scholarly and public-policy scrutiny recently. Comparatively little attention has been paid to the role of the defendant's sex in cases of violent crime, though research has been conducted on how the victim's sex affects court decisions. This article seeks to extend this line of inquiry by asking how women accused of killing their spouses or nonspousal intimate partners are treated by the judicial system. I present a theoretical framework that elucidates the impact of intersectionality and sexual stratification on structuring outcomes for women defendants in cases of violent crimes. To test implications derived from this framework, I utilize an original data set of homicide cases from Oakland County, Michigan, from 1986 to 1988. I find that female defendants were convicted more frequently than were male defendants, and that there is an interactive effect with race. Further, I find that the conviction rate was higher if the victim was an alleged batterer of the defendant. Finally, my data indicate that sentencing decisions have a clear racial aspect to them. I conclude with suggestions for future research.

SEX-BASED DISPARITIES IN FELONY DISPOSITIONS BEFORE VERSUS AFTER SENTENCING REFORM IN OHIO

Extending Koons-Witt's (2002) study of whether sex-based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty-four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty-four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.

Decision-Making in court: Observing the sentencing of men and women

Abstract Using systematic observation together with an analysis of the relevant court and criminal records this research examined the processing and sentencing of a small number of male and female defendants in an English magistrates' court. The findings indicate that sentencing was indirectly affected by a defendant's sex and directly affected by at least one aspect of a defendant's demeanour. These results provide support for the view that combining systematic observation with an analysis of court records offers a more effective means of investigating the differential treatment of male and female defendants than either unsystematic observational studies or the analysis of court records alone.

Defendants previous history and mock sentencing.

Six hundred forty-four undergraduates served as mock judges in sentencing male or female defendants convicted of homicide, child molestation, embezzlement, fraudulent issuance of checks, heroin possession, and consensual homosexuality. Defendants had a reported history of psychiatric hospitalization, imprisonment, or neither hospitalization nor incarceration. Results indicated: (1) those defendants with a mental health history were more likely to be accorded a disposition that involved mandatory health treatment; (2) dispositions of persons with a mental health history tended to be more restrictive than those of defendants with neither a mental health nor criminal history; and (3) sex of defendant of mock judge influenced sentencing disposition only in child molestation cases.

Judicial Discretion and Defendant's Sex

ABSTRACT* * *The judicial treatment of adult female relative to male criminal offenders is theoretically and empirically examined in this paper. After discussing various problems with the chivalry hypothesis and labeling theory–the two major explanations of gender disparities‐an empirical test is made to determine the accuracy of both perspectives. An analysis of 543 adult felony cases in Dade County, Florida, using multiple regression to control for the effects of relevant legal and nonlegal variables, indicated inconsistent differences in treatment by sex at the h e k of negotiations, prosecution, conviction, and sentence. These differences also vary over the three time periods examined: 1965–1966, 1971, and 1975–1976. The findings do not support any existing theory of the differential legal handling of male and female offenders, clearly indicating a need for the development of theory that takes into account the growing body of empirical work in this area.

Effects of Defendant's Sex and Age Status on Severity of Punishment: An Experimental Test

326 subjects were randomly assigned to one of four descriptions of a defendant's statuses: adult male, adult female, juvenile male, and juvenile female. Subjects were asked to select type of punishment deemed appropriate for four episodes: shoplifting, drunkenness, murder, and possession/sale of hard drugs. The results provided support for the hypothesis that juveniles and females are treated more leniently for violations. In particular, female juveniles are treated less harshly than the other sex-age categories.

The Influence of Income and Other Factors on Whether Criminal Defendants go to Prison

The experiences of 798 burglary and larceny defendants in the criminal courts of Mecklenburg County, North Carolina, in 1971 were studied to identify the factors having the greatest influence on the defendant's likelihood of emerging from court with an active prison sentence. The following variables were found to have a significant effect, listed in order of importance: (1) severity of offense (defined in terms of value of property taken and degree of skill required)—positive effect; (2) defendant's income—negative effect; (3) prior arrest record—positive effect; (4) strength of case against defendant as determined by promptness of arrest—positive effect. The influence of the defendant's sex could not be measured because there were too few females in the sample. Race, age, and employment were found to be of little or no importance. The four most important variables had a generally additive effect on prison probability.Further analysis showed that the defendant's income affected not whether he was convicted of an offense, but the likelihood of going to prison after conviction. Most of this effect could be explained by the low-income defendant's poorer opportunity for pretrial release and greater likelihood of having a court-appointed rather than privately retained attorney. This suggests that the apparent disadvantage of the low-income defendant could be overcome by improvement of pretrial release and defense service.The study's implications with regard to sentencing procedures are discussed. Judges' wide latitude in imposing sentence may enable the defendant's income to exert the large influence that it apparently does, but narrowing judicial discretion may not reduce the effect of income if present plea bargaining practices continue.

Sex Prejudice Injury Simulation

Summary This study of 84 male and 101 female college students tested the hypothesis that male and female Ss respond differentially to male and female defendants in a criminal jury trial. Ss read a synopsis of a murder trial in which the defendant was either a man who allegedly murdered his wife or a woman who allegedly murdered her husband. Ss were asked to render verdicts and sentences (if appropriate) either individually or in like-sex groups of three. There was a significant interaction between sex of S (juror) and sex of defendant in the rendering of the verdicts: Ss were less likey to find a defendant of their own sex guilty than they were to find a defendant of the opposite sex guilty. The possible effect of this finding upon the guarantee of “equal justice under law” was discussed.