The Impact of Offence Type and Gender-Role Attitudes on Sentencing Decisions for Male and Female Offenders

Abstract

Research on sentencing decisions has found female offenders are often sentenced more leniently than male offenders. However, mixed findings have prompted researchers to argue that other factors, such as the offence type and gender-role attitudes of the decision-maker, may also play a role. This study is a loose replication of previous research conducted with a Turkish sample, to establish whether gender and gender-role attitudes can predict sentencing decisions in a UK sample, and if there is an interaction effect of these variables, for three different crimes. Participants included 143 University students and members of the public between the ages of 18–64, who were randomly assigned to either the male or female offender condition. Three vignettes were presented, and participants rated their level of agreement that the offender should be incarcerated and recommended a sentence length. Gender-role attitudes were also measured using the Sex-Roles Egalitarianism Scale and on average the sample had strong egalitarian attitudes. Neither gender nor gender-role attitudes were found to be significant predictors of sentencing decisions, and there was no significant interaction effect. Findings were not consistent with those in the original study which is likely due to the UK endorsing greater gender equality and having more egalitarian attitudes. Limitations associated with the sample and use of vignettes highlight the importance of continued research into gender-based sentencing, and there are important implications for judicial training to help reduce the influence of personal biases in the courtroom.