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16 J. Gender Race & Just. 349 (2013)
Gender and Sentencing: A Meta-Analysis of Contemporary Research

handle is hein.journals/jgrj16 and id is 371 raw text is: Gender and Sentencing: A Meta-Analysis of
Contemporary Research
Stephanie Bontrager,
Kelle Barrick & Elizabeth Stupi
ABSTRACT
Daly and Bordt's review of sentencing studies published between 1960
and 1990 found that women were generally at an advantage over male
defendants in sentencing decisions.' Given twenty-one years of additional
gender/sentencing inquiry, and extensive revisions to criminal justice policy
and practice since the publication of the meta-analysis, those findings no
longer inform current discussions of gender and justice. This inquiry seeks
to bridge this gap, beginning first with a brief review of the conflicting
theoretical arguments concerning the relationship between gender and
sentencing decisions, followed by a comprehensive synthesis of gender and
sentencing studies published since 1991. The evaluation incorporates meta-
analytic techniques to answer two fundamental research questions. First,
does contemporary gender and sentencing research support the hypothesis
that sentencing outcomes for women are comparable to those of men?
Second, what, if any, impact does research design, methodology or data
selection have on the study results. Overall, the results suggest that women
receive less severe sentences than men across a variety of methodological
conditions. However, the most recent research points to greater balance in
sentencing outcomes for men and women.
Keywords: Gender, Women, Sentencing, Justice, Chivalry theory, Focal
Concerns, Guidelines

I.   Kathleen Daly & Rebecca Bordt, Sex Effects and Sentencing: A Review of the Statistical
Literature, 12 JUST. Q. 141 (1995).

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