Decision-Making in Court: Observing the Sentencing of Men and Women

• NCJ Number: 164461
• Journal: Psychology, Crime & Law Volume: 1 Issue: 2 Dated: (1994) Pages: 165-173
• Author(s): C Hedderman
• Date Published: 1994
• Length: 9 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This research examined the processing and sentencing of a small sample of male and female defendants in an English magistrates court based on systematic observation and an analysis of relevant court and criminal records.

Abstract

Court proceedings of 100 defendants, 27 females and 73 males, were observed. Consideration was paid to the number and nature of charges faced by defendants, whether they were jointly charged with other defendants, whether they were legally represented, pleas, relationship to victims, and remand status. The sex of magistrates and clerks and their apparent reactions to defendants were recorded, as well as the sex of prosecuting and defending advocates, their sentencing suggestions, and how they portrayed defendants. Findings demonstrated that sentencing was indirectly affected by a defendant's sex and directly affected by at least one aspect of his or her demeanor. Female defendants were somewhat better groomed, better dressed, and generally appeared smarter than male defendants. The most statistically significant presentational difference between male and female defendants, however, was the degree of tension they displayed while their cases were processed; two-thirds of females versus less than half of males appeared to be nervous, anxious, or upset. Female defendants were somewhat more likely to be represented by legal counsel than male defendants, female defendants faced a much narrower range of charges than male defendants, and more men than women had previous convictions. Many factors were significantly associated with court reactions to and sentencing of both male and female defendants, including the way in which defendants presented themselves. The results support the view that combining systematic observation with an analysis of court records offers an effective way of investigating the differential treatment of male and female defendants. Additional information on variables related to defendant sentencing is tabulated in appendixes. 11 references, 6 endnotes, and 2 tables