NCJ Number
110052
Journal
Social Forces Volume: 66 Issue: 1 Dated: (September 1987) Pages: 152-175
Date Published
1987
Length
24 pages
Annotation
This study examines the disposition of certain criminal cases and finds that some women are more likely to receive lenient treatment by the courts than are some men.
Abstract
The cases of 2,004 defendants (11 percent of whom were females) who were prosecuted in a lower New York City criminal court over a 4-month period in 1974 and 1975 were examined. Even when accounting for such variables as severity of case, severity of charge, the type of offense charged, and the defendant's prior record, the examination revealed that male and female defendants were treated differently on the basis of their ties to and responsibilities to others. Family men and women were less likely to be detained prior to trial and less likely to receive harsh nonjail sentences than were nonfamilied men and women. For women especially, family responsibilities helped to mitigate not only severe sentencing but also pretrial release and nonjail sentencing decisions. Defendants with dependents are treated more leniently by courts it is argued, because courts place a high value on the maintenance and protection of family life. The suggestion is made that other jurisdictions should be studied to determine whether the bias in favor of those with familial relations and responsibilities is widespread. 19 footnotes and 32 references.