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In reply to the discussion: Wife who pushed husband off cliff is released pending trial, without bond! [View all]davidn3600
(6,342 posts)16. Bullshit. Studies prove there is gender bias in favor of women in the federal system
If you're a criminal defendant, it may helpa lotto be a woman. At least, that's what Prof. Sonja Starr's research on federal criminal cases suggests. Prof. Starr's recent paper, "Estimating Gender Disparities in Federal Criminal Cases," looks closely at a large dataset of federal cases, and reveals some significant findings. After controlling for the arrest offense, criminal history, and other prior characteristics, "men receive 63% longer sentences on average than women do," and "women are
twice as likely to avoid incarceration if convicted." This gender gap is about six times as large as the racial disparity that Prof. Starr found in another recent paper.
There are other studies that have shown gender disparity in criminal cases, but not as pronounced as Prof. Starr's findings. This is because she is looking at "a larger swath of the criminal justice process" in her analysis, she said. The paper states, "Existing studies have typically focused on single stages of the criminal process in isolation"in particular, the judge's final sentencing decision. These studies compare actual sentencing outcomes after controlling for the recommended sentence associated with the defendant's ultimate conviction. The problem with this, Starr explains, is that "the key control variable is itself the result of a host of discretionary decisions made earlier in the justice process"including prosecutors' charging and plea-bargaining decisions. Starr's research incorporates disparities found at those earlier stages, and finds that "more disparity is introduced at each phase of the justice process."
After estimating the amount of disparity left unexplained by the arrest offense and other control variables, the paper explores "why these gaps existand, in particular, whether unobserved differences between men and women might justify them." Prof. Starr explores several potential mitigating factors, such as the "girlfriend theory" (that "women might be viewed as mere accessories of their male romantic partners"
, the role of women as primary caregivers to their children, and the "theory that female defendants receive leniency because they are more cooperative with the government." Although each of these theories found some support in the data, they did not appear capable of explaining anything close to the total disparity that Prof. Starr found.
There are other studies that have shown gender disparity in criminal cases, but not as pronounced as Prof. Starr's findings. This is because she is looking at "a larger swath of the criminal justice process" in her analysis, she said. The paper states, "Existing studies have typically focused on single stages of the criminal process in isolation"in particular, the judge's final sentencing decision. These studies compare actual sentencing outcomes after controlling for the recommended sentence associated with the defendant's ultimate conviction. The problem with this, Starr explains, is that "the key control variable is itself the result of a host of discretionary decisions made earlier in the justice process"including prosecutors' charging and plea-bargaining decisions. Starr's research incorporates disparities found at those earlier stages, and finds that "more disparity is introduced at each phase of the justice process."
After estimating the amount of disparity left unexplained by the arrest offense and other control variables, the paper explores "why these gaps existand, in particular, whether unobserved differences between men and women might justify them." Prof. Starr explores several potential mitigating factors, such as the "girlfriend theory" (that "women might be viewed as mere accessories of their male romantic partners"
http://www.law.umich.edu/newsandinfo/features/Pages/starr_gender_disparities.aspx
The message is clear...if you are a woman and you want to kill your husband...do it in a national park.
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Wife who pushed husband off cliff is released pending trial, without bond! [View all]
davidn3600
Sep 2013
OP
If the man in question is not deemed a flight risk nor risk to others, he would.
hlthe2b
Sep 2013
#1
Oh Bullshit... I do know that courts continue to make it difficullt to gain/enforce
hlthe2b
Sep 2013
#6
Bullshit.... absolute bullshit. Men in similar situation set bail routinely and YOU know it
hlthe2b
Sep 2013
#9
I don't agree with it, but to say she got it because she was female (as some are)? Give me a break.
hlthe2b
Sep 2013
#15
Bullshit. Studies prove there is gender bias in favor of women in the federal system
davidn3600
Sep 2013
#16
In domestic violence cases, the opposite is true at every level and you know that.
hlthe2b
Sep 2013
#19
Really? No bail for any murder charge? So much for innocent until proven guilty. n-t
Logical
Sep 2013
#23
I meant none should get bail on their own recognizance, rather than cash bond...
hlthe2b
Sep 2013
#25
I don't know... If she is found guilty and not punished, I'd agree with you, but as to a decision on
hlthe2b
Sep 2013
#38
You're right. And she is not a "risk to others" in that she is unlikely to remarry at the present.
AnotherMcIntosh
Sep 2013
#24
Outrageous. Reversed the genders, and the man would get no bail 99.99% of the time.
TransitJohn
Sep 2013
#3
Famous case: Michael Peterson convicted of murdering his wife during domestic dispute
alcibiades_mystery
Sep 2013
#21
One case does not indicate a pattern of discrimination, but it's troubling.
stevenleser
Sep 2013
#31
Only someone who is found an actual flight risk or with a specific violent risk should
morningfog
Sep 2013
#45
To be honest I just have no idea about the bail, but I would like to know why she did it.
hrmjustin
Sep 2013
#46