Sex and Criminal Court Dispositions: The Unresolved Controversy

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Abstract
As Hagan and O'Donnel (1978) have noted, one of the common stereotypes in criminology is the relative leniency with which women are treated by the criminal justice system. However, given the lack of empirical studies addressing the issue of the influence of gender on criminal court dispositions, social science research has yet to establish whether such sex discrimination exists. This study systematically evaluates the relationship between sex and both pre and postconviction decisions, controlling for a number of potentially gender-related statuses. The analyses indicate: (1) that sex does have a significant effect on pretrial release and sentence severity decisions; (2) the factors influencing both of these decisions vary depending upon the offender's gender; and (3) differences in the social locations of men and women may confound assessments of the gender-disposition issue.