Date of Award

Fall 5-18-2024

Document Type

Honors Project

University Scholars Director

Dr. Joshua Tom

First Advisor/Committee Member

Dr. Jessica Fossum

Second Advisor/Committee Member

Dr. Jennifer McKinney

Keywords

Gender and Sentencing, Quantitative, Regression, Sociology, Sentencing Disparity, Hegemonic Masculinity

Abstract

Using data from the United States Sentencing Commission (2014–2022), this study analyzes the effect of defendant gender on sentencing outcomes across various crime types, with a focus on violent crime. While prior research consistently finds that female defendants receive lenient sentences, few studies examine how this effect varies across crime types. Aggression and violence are often perceived as inherently male traits, and individuals who defy gender expectations may face social sanctions. Women who commit violent crimes defy gender expectations and may receive harsher punishment as a result.

This study hypothesizes that female defendants experience less leniency in sentencing for violent crimes compared to nonviolent crimes. Logistic and linear regression analyses on eight years of federal sentencing data (n = 326,470) assess the effect of a defendant's gender on incarceration decisions and sentence length (in months) across four crime types: violent, drug, white-collar, and other crime. Results show that, compared to male defendants, female defendants receive sentencing leniency across all crime categories, both in incarceration decisions and sentence length. This leniency is most drastic for violent crime, where female defendants had 55% lower odds of incarceration and received significantly shorter sentences than male counterparts.

These findings confirm sentencing leniency for female defendants persists in recent federal sentencing data and highlights its variation across crime types. Understanding how societal perceptions of gender and other demographic factors shape judicial decisions is essential for promoting a fair justice system.

Comments

A project submitted in partial fulfillment of the requirements of the University Scholars Honors Program.

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Creative Commons License

Creative Commons Attribution-Noncommercial 3.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 License

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