Article2023

Gender biases in legal decision-making: an exploration of judicial and public perceptions across multiple offences

Monika Lewandowicz-Machnikowska · Tomasz Grzyb · Dariusz Doliński · Wojciech Marek Kulesza

9 citations0/0 files storedJournal of Criminal Psychology

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Jury Decision Making Processes Psychopathy, Forensic Psychiatry, Sexual Offending Sexual Assault and Victimization Studies

Abstract

Purpose The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex. Design/methodology/approach The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men. Findings The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders. Originality/value The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.

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References

2005Long-Term Consequences of Childhood Sexual Abuse by Gender of Victim 2000THE IMPRISONMENT PENALTY PAID BY YOUNG, UNEMPLOYED BLACK AND HISPANIC MALE OFFENDERS 1980Attribution of Responsibility: From Man the Scientist to Man As Lawyer 2001Judging Judicial Discretion: Legal Factors and Racial Discrimination in Sentencing 2000Is Preferential Treatment of Female Offenders a Thing of the Past? A Multisite Study of Gender, Race, and Imprisonment 2006Gender Differences in Criminal Sentencing: Do Effects Vary Across Violent, Property, and Drug Offenses?*1995Sex effects and sentencing: An analysis of the statistical literature 1991Sex differences in criminal sentencing: Chivalry or patriarchy?

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