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

Working Paper: CEPR ID: DP14067

Authors: Anna L Bindler; Randi Hjalmarsson

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.

Keywords: gender; gender gap; crime; verdict; sentencing; discrimination; history

JEL Codes: J16; K14; K40; N33


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
judicial decisions (K41)gender gap in jury convictions and judge sentences (J16)
American Revolution (N41)gender gap in convictions (J16)
introduction of prison as punishment (K14)gender gap in convictions (J16)
abolition of capital punishment (K14)gender gap in convictions for violent offenses (J16)
abolition of transportation (R41)sentencing outcomes (K40)
taste-based discrimination (J71)judicial decisions (K41)

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