Gender Roles



Gender Roles

Scholars have long been interested in learning whether males and females are treated differently by criminal justice officials, including police, prosecutors, judges, and probation officers. Research has examined the effect of gender on police discretion. For instance, Visher (1983) found some evidence that the gender of the suspect influences arrest decisions, although this depends on the perceived (masculine or feminine) type of criminal behavior of the woman. Additionally, Visher found that older white female suspects were less likely to be arrested than younger African American female suspects. Women defendants who conform to traditional gender role stereotypes are likely to be treated more leniently than men who are suspected of the same offenses.

Women who violate gender role expectations, however, do not receive preferential treatment. For example, Chesney-Lind (1987) found that women who commit traditionally “masculine” crimes are expected to be treated more harshly than men. Yet, other research suggests that as women progress further into the criminal justice system, they are more likely to receive preferential treatment from a judge at sentencing than they are from the police officer making an arrest or the prosecutor seeking an indictment (Kempinen, 1983; Kruttschnitt 1984; Spohn & Welch 1987; Willison 1984; Spohn 1999).

Research has also examined the effect of gender on charge reduction and probation. Farnworth et al. (1991) employed data collected from the California Attorney General's Bureau of Criminal Statistics, 1988, for felony arrests. The researchers found females twice as likely as males to receive probation and slightly more likely than males to have their charges reduced (Farnworth et al., 1991). When the researchers focused on comparing females to males, overall “the evidence suggested a tendency toward less severe sanctioning of females, particularly in the decision to incarcerate; and white females appeared to be treated with particular deference” (Farnworth et al. 1991:68).

Studies have also examined for gender bias in conviction (Farrington and Morris 1983) and probation (Ghali & Chesney-Lind, 1986; Nagel et al., 1982). These studies suggest that women defendants are treated more leniently than men. Gruhl et al. (1984), examining the incarceration decision, found that female defendants were treated either similarly to or more leniently than male defendants.

Spohn (1990), using data on defendants charged with violent felonies in Detroit, found males are more likely to be sentenced to prison, and their expected minimum sentence (EMS) is 292 days longer than the EMS for females. Again, Spohn's study corroborates other studies finding ...