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The Persistence of the Criminal Justice Gender Gap: Evidence from 200 Years of Judicial Decisions

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  • Anna Bindler
  • Randi Hjalmarsson

Abstract

We document persistent gender gaps favoring females in jury convictions and judges’ sentences in nearly 200 years of London trials, which are unexplained by case characteristics. We find that three sharp changes in punishment severity locally affected the size and nature of the gaps but were generally not strong enough to offset their persistence. These local effects suggest a mechanism of preference-based discrimination (paternalism) in which the all-male judiciary protected females from the harshest available punishment.

Suggested Citation

  • Anna Bindler & Randi Hjalmarsson, 2020. "The Persistence of the Criminal Justice Gender Gap: Evidence from 200 Years of Judicial Decisions," Journal of Law and Economics, University of Chicago Press, vol. 63(2), pages 297-339.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/707482
    DOI: 10.1086/707482
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    Cited by:

    1. Anna Bindler & Randi Hjalmarsson & Stephen Machin & Melissa Rubio-Ramos, 2026. "Disparate Treatment of the Irish in 19th Century English Courtrooms," Berlin School of Economics Discussion Papers 0087, Berlin School of Economics.
    2. Anna Bindler & Randi Hjalmarsson & Stephen Machin & Melissa Rubio-Ramos, 2023. "Murphy's Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," ECONtribute Discussion Papers Series 228, University of Bonn and University of Cologne, Germany.
    3. Anna Bindler & Randi Hjalmarsson, 2021. "The Impact of the First Professional Police Forces on Crime [State Capacity and Economic Development: A Network Approach]," Journal of the European Economic Association, European Economic Association, vol. 19(6), pages 3063-3103.
    4. Raphael Corbi & Rafael Ferreira & Jaqueline Oliveira & Danilo Souza, 2021. "Female judges and in-group bias in labor courts," Economics Bulletin, AccessEcon, vol. 41(3), pages 1313-1321.
    5. Travova, Ekaterina, 2023. "Under pressure? Performance evaluation of police officers as an incentive to cheat," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 1143-1172.
    6. Bryan C. McCannon & Zachary Porreca, 2025. "The right to counsel: criminal prosecution in 19th century London," Economica, London School of Economics and Political Science, vol. 92(365), pages 285-321, January.
    7. Bjørkheim, Julie Brun & Nygård, Odd E., 2024. "Gender Differences in Tax Evasion: Evidence from Norwegian Administrative Data," Discussion Papers 2024/8, Norwegian School of Economics, Department of Business and Management Science.
    8. Metin M. Coşgel & Hamdi Genç & Emre Özer & Sadullah Yıldırım, 2024. "Gender and justice: The status of women in Ottoman courts," Economic History Review, Economic History Society, vol. 77(4), pages 1251-1281, November.
    9. Arnaud Philippe, 2020. "Gender Disparities in Sentencing," Economica, London School of Economics and Political Science, vol. 87(348), pages 1037-1077, October.

    More about this item

    JEL classification:

    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • N33 - Economic History - - Labor and Consumers, Demography, Education, Health, Welfare, Income, Wealth, Religion, and Philanthropy - - - Europe: Pre-1913

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