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Gender, race, and formal court decision-making outcomes: Chivalry/paternalism, conflict theory or gender conflict?

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  • Franklin, Cortney A.
  • Fearn, Noelle E.

Abstract

A significant body of research examines the influence of offender gender on court-related decision making and typically finds that women deemed "worthy of protection" are afforded greater leniency than other offenders. There is a less developed effort to uncover the influence of victim characteristics, particularly victim gender and the interaction between offender and victim gender on formal criminal justice outcomes. Drawing from the chivalry/paternalism hypotheses, conflict theory, and gender conflict frameworks, the present research used data on a nationally representative sample of convicted homicide defendants to examine the effects of gender and race dyads on sentencing outcomes. Policy implications and future research directions are discussed.

Suggested Citation

  • Franklin, Cortney A. & Fearn, Noelle E., 2008. "Gender, race, and formal court decision-making outcomes: Chivalry/paternalism, conflict theory or gender conflict?," Journal of Criminal Justice, Elsevier, vol. 36(3), pages 279-290, July.
    • Handle: RePEc:eee:jcjust:v:36:y:2008:i:3:p:279-290
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    1. Goulette, Natalie & Wooldredge, John & Frank, James & Travis, Lawrence, 2015. "From Initial Appearance to Sentencing: Do Female Defendants Experience Disparate Treatment?," Journal of Criminal Justice, Elsevier, vol. 43(5), pages 406-417.
    2. Behnken, Monic P. & Caudill, Jonathan W. & Berg, Mark T. & Trulson, Chad R. & DeLisi, Matt, 2011. "Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders," Journal of Criminal Justice, Elsevier, vol. 39(6), pages 471-478.

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