NCJ Number
204091
Journal
Criminology Volume: 41 Issue: 2 Dated: May 2003 Pages: 329-354
Date Published
May 2003
Length
26 pages
Annotation
This study examined whether sex-based differences in criminal sentencing in New Zealand was the result of leniency toward women or the result of differences in variables such as criminal history.
Abstract
In 1950, Otto Pollak proclaimed that women are treated more leniently in the male-dominated criminal justice system because of male notions of chivalry. While this conclusion has been embraced by some, other researchers have contended that differences in criminal justice treatment may be a result of differences in crime-related variables, such as the criminal history of the defendant. The current study relied on a matched sampling method to examine the process of sex-based differentiation in sentencing outcomes for 194 men and 194 women defendants who were sentenced over a 7-year period (January 1990 through February 1997) in New Zealand. Men were matched with women by court of sentencing, major offense, and year of disposition. Further matches were made based on similar plea, number of charges, ethnicity, and age. As such, in the final matched sample, men and women were as similar as possible before their sentencing. Logistical analysis revealed that men were 1.95 time more likely to be imprisoned than women, controlling for significant sociodemographic characteristics. Furthermore, when women were sentenced to prison, the length of their sentences was significantly shorter than their male counterparts. Other variables aside from gender that influenced judicial decisionmaking included less serious criminal history, shorter custodial remands, the positive content of pre-sentence reports, and health of the defendant. As such, judges were more likely to imprison men because, compared to the women, they had more serious criminal histories, lengthier custodial remands, pre-sentence recommendations for imprisonment, and were in better health. However, path analysis indicates that gender exercised the greatest influence on sentence length, over and above the other influencing variables. The final conclusion shows that sex-based decisionmaking early in the process, such as pre-sentence recommendations, makes a unique contribution to sex-based outcomes in sentencing. Limitations of the study include interpretations of the path analysis based on causal inferences. Figures, tables, references