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The Persistence of the Criminal Justice Gender Gap: Evidence from 200 Years of Judicial Decisions

Author

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  • Bindler, Anna

    (Department of Economics, School of Business, Economics and Law, Göteborg University)

  • Hjalmarsson, Randi

    (Department of Economics, School of Business, Economics and Law, Göteborg University)

Abstract

We document persistent gender gaps favoring females in jury convictions and judge sentences in nearly 200 years of London trials, which are unexplained by case characteristics. We find that three sharp changes in punishment severity locally affected the size and nature of the gaps, but were generally not strong enough to offset their persistence. These local effects suggest a mechanism of taste-based discrimination (paternalism) where the all-male judiciary protected females from the harshest available punishment.

Suggested Citation

  • Bindler, Anna & Hjalmarsson, Randi, 2019. "The Persistence of the Criminal Justice Gender Gap: Evidence from 200 Years of Judicial Decisions," Working Papers in Economics 780, University of Gothenburg, Department of Economics.
    • Handle: RePEc:hhs:gunwpe:0780
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    References listed on IDEAS

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    1. Bodenhorn, Howard, 2009. "Criminal sentencing in 19th-century Pennsylvania," Explorations in Economic History, Elsevier, vol. 46(3), pages 287-298, July.
    2. Francine D. Blau & Lawrence M. Kahn, 2017. "The Gender Wage Gap: Extent, Trends, and Explanations," Journal of Economic Literature, American Economic Association, vol. 55(3), pages 789-865, September.
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    5. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "A Jury of Her Peers: The Impact of the First Female Jurors on Criminal Convictions," The Economic Journal, Royal Economic Society, vol. 129(618), pages 603-650.
    6. Altonji, Joseph G. & Blank, Rebecca M., 1999. "Race and gender in the labor market," Handbook of Labor Economics, in: O. Ashenfelter & D. Card (ed.), Handbook of Labor Economics, edition 1, volume 3, chapter 48, pages 3143-3259, Elsevier.
    7. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
    8. Stolzenberg, Lisa & D'Alessio, Stewart J., 2004. "Sex differences in the likelihood of arrest," Journal of Criminal Justice, Elsevier, vol. 32(5), pages 443-454.
    9. Sara Horrell & Jane Humphries, 1995. "Women's labour force participation and the transition to the male-breadwinner family, 1790-1865," Economic History Review, Economic History Society, vol. 48(1), pages 89-117, February.
    10. Anna Bindler & Randi Hjalmarsson, 2018. "How Punishment Severity Affects Jury Verdicts: Evidence from Two Natural Experiments," American Economic Journal: Economic Policy, American Economic Association, vol. 10(4), pages 36-78, November.
    11. repec:eee:labchp:v:3:y:1999:i:pc:p:3143-3259 is not listed on IDEAS
    12. Kristin F. Butcher & Kyung H. Park & Anne Morrison Piehl, 2017. "Comparing Apples to Oranges: Differences in Women’s and Men’s Incarceration and Sentencing Outcomes," Journal of Labor Economics, University of Chicago Press, vol. 35(S1), pages 201-234.
    13. Todd Sorensen & Supriya Sarnikar & Ronald L. Oaxaca, 2012. "Race and Gender Differences under Federal Sentencing Guidelines," American Economic Review, American Economic Association, vol. 102(3), pages 256-260, May.
    14. Max Schanzenbach, 2005. "Racial and Sex Disparities in Prison Sentences: The Effect of District-Level Judicial Demographics," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 57-92, January.
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    Cited by:

    1. Anna Bindler & Randi Hjalmarsson & Stephen Machin & Melissa Rubio-Ramos, 2023. "Murphy's Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," ECONtribute Discussion Papers Series 228, University of Bonn and University of Cologne, Germany.
    2. Anna Bindler & Randi Hjalmarsson, 2021. "The Impact of the First Professional Police Forces on Crime [State Capacity and Economic Development: A Network Approach]," Journal of the European Economic Association, European Economic Association, vol. 19(6), pages 3063-3103.
    3. Raphael Corbi & Rafael Ferreira & Jaqueline Oliveira & Danilo Souza, 2021. "Female judges and in-group bias in labor courts," Economics Bulletin, AccessEcon, vol. 41(3), pages 1313-1321.
    4. Travova, Ekaterina, 2023. "Under pressure? Performance evaluation of police officers as an incentive to cheat," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 1143-1172.
    5. Bindler, Anna & Machin, Stephen & Hjalmarsson, Randi & Rubio-Ramos, Melissa, 2023. "Murphy’s Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," CAGE Online Working Paper Series 661, Competitive Advantage in the Global Economy (CAGE).
    6. Metin Coşgel & Hamdi Genç & Emre Özer & Sadullah Yıldırım, 2022. "Gender and Justice: The Status of Women in Ottoman Courts," Working papers 2022-03, University of Connecticut, Department of Economics.
    7. Arnaud Philippe, 2020. "Gender Disparities in Sentencing," Economica, London School of Economics and Political Science, vol. 87(348), pages 1037-1077, October.

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    More about this item

    Keywords

    gender; gender gap; crime; verdict; sentencing; discrimination; history;
    All these keywords.

    JEL classification:

    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • N33 - Economic History - - Labor and Consumers, Demography, Education, Health, Welfare, Income, Wealth, Religion, and Philanthropy - - - Europe: Pre-1913

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