The Effect of Gender on the Decision to Incarcerate Before and After the Introduction of Sentencing Guidelines*

Abstract

The present study explores the relationships between gender and imprisonment decisions in Minnesota before and after the introduction of sentencing guidelines. Results from a series of logistic regression models indicate that gender alone did not have a significant impact on the likelihood of imprisonment, but women with dependent children were significantly less likely to be imprisoned before sentencing guidelines and in the years subsequent to their implementation. The findings suggest that despite the introduction of sentencing reforms, court officials tend to return to issues of substantive justice, and they appear unable to shed their individual or organizational ideas of fairness in sentencing.

Determinants of Child Protection Officers’ Decisions in Emergency Situations: An Experimental Study

“…Gender effects are all-encompassing and extend to the criminal justice system as well (e.g., Baumer, Messner, & Felson, 2000;Frazier, Bock, & Henretta, 1983;Gottfredson & Jarjoura, 1996;Koons-Witt, 2002;Spohn & Beichner, 2000). As part of the dominant culture, child protection workers may hold the same attitudes.…”

The Independent and Joint Effects of Race/Ethnicity, Gender, and Age on Sentencing Outcomes in U.S. Federal Courts

“…Research on sentencing in Pennsylvania courts by colleagues (1993, 2000) indicates that gender, net of other factors, has an effect on sentencing outcomes with female defendants sentenced less harshly than male defendants. Similarly, Griffin and Wooldredge (2006) find that women are sentenced more leniently than men in Ohio courts both before and after recent sentencing reforms (see also Koons-Witt, 2002). …”

Sugar and Spice, and Everything Nice: Do Female Stereotypes Supersede In-group Favoritism Among Men When Evaluating Female Criminal Suspects in News Stories?

“…-Witt (2002) argues that chivalry is grounded in the notion of traditional gender stereotypes and expectations of women. The chivalry hypothesis explains, in part, why men may respond either indifferently or more positively to female criminal suspects compared to male criminal suspects.…”