GENDER AND CRIMINAL COURT OUTCOMES: AN HISTORICAL ANALYSIS*

Helen Boritch

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Criminal Justice and Penology Crime Patterns and Interventions Criminal Justice and Corrections Analysis

Abstract

Research on gender differences in criminal sanctions generally finds a pattern of more lenient outcomes for female offenders, while noting that the effect of gender varies in relation to a number of contextual influences. As yet, however, little attention has been paid to how the relationship of gender to court outcomes varies across different historical periods. This paper examines this issue, using data on male and female offenders committed to Middlesex County Jail, Ontario, during the Urban Reform Era (1871–1920). The findings reveal an overall pattern of more severe dispositions for female offenders in the past. At the same time, there is considerable variability in the impact of gender across different measures of sanction severity, various offender and offense attributes, and from the late nineteenth to the early twentieth century. The study highlights the need for research in this area to be sensitive to the historically specific nature of the relations among gender roles, formal and informal control mechanisms, and criminal sanctions.

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References

1983Crime and justice: An annual review of research 1985Limited-Dependent and Qualitative Variables in Econometrics.1988Feminism and criminology 1988The Grounding of Modern Feminism 1986"Women and Crime": The Female Offender 1976The "Chivalrous" Treatment of the Female Offender in the Arms of the Criminal Justice System: A Review of the Literature

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