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

• Outcomes at pretrial release and sentencing were modeled.
• Females were treated more leniently than males throughout the system.
• Black females were not treated differently than white females.
• Mixed support was found for gender conflict and “evil woman” hypothesis.
• We suggest that perspectives trying to explain gender disparities are revisited.

PurposeWhile 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.MethodsA 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.ResultsIn 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.ConclusionsWhile 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.