Gender and Sentencing: An Analysis of Indicators

Research examining the role of gender in criminal sentencing has focused on gender bias, in that females are sentenced to lesser punishments than males for the same offense. What many studies have not addressed is the extent to which sentencing guidelines have affected gender bias. In other words, does gender bias exist, even in the presence of sentencing guidelines? This study addresses this question by examining the factors that influence a judge's decision to sentence males and females to particular punishments. In this study, the sample is split among males and females and various legally relevant and irrelevant factors are analyzed to determine which variables are significant indicators of punishment for each sex.Results indicated that judges consider both legally relevant and irrelevant factors when sentencing females, but legally relevant factors only when sentencing males. This suggests that gender bias still exists despite the use of sentencing guidelines.