NCJ Number
144740
Journal
Federal Probation Volume: 57 Issue: 2 Dated: (June 1993) Pages: 37-42
Date Published
1993
Length
6 pages
Annotation
This study investigated the influence of gender on prosecutorial and judicial decisions in drug cases, in the context of two contradictory theories used to explain the treatment of women who commit traditionally female crimes, such as property offenses, fraud, and prostitution, and traditionally male crimes, such as homicide, assault, and robbery.
Abstract
Study data were obtained from the formal records and files of the police department's narcotics division in a large, urban county located in a southeastern State. County court records were the most complete and contained the necessary information about cases from the initial point of prosecutorial action through sentencing. The sampling frame consisted of every adult drug offender arrested and charged with a drug offense between January 1, 1987, and December 31, 1988. Of 175 female drug offenders arrested during the study period, almost two-thirds were not charged by the prosecutor, thus eliminating them from the sampling frame. In comparison, less than 25 percent of 1,482 male drug offenders had their charges dropped. Of the remaining 74 female offenders, only 70 could be matched to male offenders on age, race, drug offense type, and prior record. Consequently, the final sample consisted of 140 individuals (70 matched male and female pairs). The study tested two conflicting theories of gender-based disparity in the treatment of drug offenders by prosecutors and judges: (1) conflict theory--female offenders receive preferential treatment during the criminal justice process due to the chivalrous and/or paternalistic nature of actors within the system and (2) social control and labeling theories--female offenders receive more punitive treatment than their male counterparts because women are not expected to behave defiantly. Study findings failed to support either of the theories. Compared to their male counterparts, female drug offenders were treated neither more leniently nor more harshly by prosecuting attorneys and judges. The most common charge filed by prosecuting attorneys against all individuals was possession of a controlled substance. Gender had little impact on prosecutorial decisions to reduce charges. Whether or not defendants pled guilty to lesser charges appeared to have no significant effect on the sentence they received. Most defendants received a combined suspended sentence and fine, regardless of whether the charges were dropped. Little differences were observed in the fines received by male and female offenders. Further research is recommended to determine the extent to which gender influences the prosecutor's decision to file charges. 30 references and 1 note