Explaining the Gender Gap in the Criminal Justice System: How Family-Based Gender Roles Shape Perceptions of Defendants in Criminal Court
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While divergences in criminal behavior could explain women’s underrepresentation in the federal prison system, they do not explain why women are treated leniently across several stages of the judicial process (Daly & Tonry 1997; Moulds 1978; Nagel & Weitzman 1971; Reckless 1957; Starr 2012). For instance, even among defendants accused of similar offenses, women are between 12-23% more likely to receive non-incarceration sentences (Rodriguez et al., 2006; Gruhl et al., 1984; Starr 2012; Spohn & Beichner 2000; Frazier et al., 1983). Similarly, women receive between 10-63% shorter prison sentences and are 26% more likely to be released on bail pending trial (Starr 2012; Nagel & Weitzman 1971; Kruttschnitt & Green 1984; Spohn 2009). The full picture as to why women receive greater leniency in criminal court and are more sparingly incarcerated remains unclear. To explain the gender gap in the criminal justice system, we must examine other explanations for the disparate treatment of male and female defendants.
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