NCJ Number
185244
Journal
Criminal Justice Policy Review Volume: 10 Issue: 4 Dated: 1999 Pages: 471-490
Date Published
1999
Length
20 pages
Annotation
This study examined whether there is gender bias in sentencing, even in the presence of sentencing guidelines, by identifying the factors that influence a judge's decision to sentence males and females to particular punishments.
Abstract
Data were obtained from closed adult felony case files between 1994 and 1996 in Leon County, Fla. Florida has a presumptive sentence guideline system, which calculates a point total and provides a range of punishment for that total. In addition to a range of punishments, Florida law lists 12 justifications for downward departures from this permitted range. This study used only cases in which formal charges had been filed. The following control variables were used: seriousness of the charge, prior record, bail status, attorney type, length of disposition, race, and age. Dependent variables were probation, fine, incarceration, and sentence length. The independent variable was gender. The study sample consisted of 84 females and 116 males. That legally relevant factors were considered in three dispositions of males and case-based factors were considered in the remaining dispositions for males suggests that judges were abiding by Florida's sentencing guidelines in most circumstances for males. For women, judges did not seem to be abiding by the guidelines as strictly. Only one sentence indicated a legally relevant predictor, and two indicated no predictors; the remaining sentences indicated a case-based predictor and a legally irrelevant predictor. These findings suggest that gender bias still exists in sentencing despite the use of sentencing guidelines. 6 tables and 24 references