From Initial Appearance to Sentencing: Do Female Defendants Experience Disparate Treatment?

Abstract

Purpose: While various perspectives have been offered to explain why females might be treated more leniently by the court system than males, very few studies have investigated sex-based disparities at stages of case processing prior to sentencing. Therefore, we examine outcomes at pretrial release and sentencing and investigate for cumulative disadvantage across the criminal court system. Methods: A sample of felony cases referred to the Prosecutor's Office of a large northern urban jurisdiction in the United States during calendar year 2009 were analyzed and included violent, property, and drug offenses. Results: In general, it was found that females were treated more leniently by the court system, although specific groups of female defendants were found to experience cumulative disadvantage across the criminal court system. Conclusions: While support for the chivalry/paternalism perspective was found, it is suggested that scholars revisit the many perspectives currently put forth to explain sex-based disparities.