## Criminal Justice System Biases Favoring Women

A substantial body of research documents differential sentencing and treatment of women and men in the criminal justice system:

- Kathleen Dale, "Neither Conflict Nor Labeling Nor Paternalism Will Suffice: Intersections of Race, Ethnicity, Gender, and Family in Criminal Court Decisions" (1989): https://sci-hub.st/10.1177/0011128789035001007

- Edward L. Glaeser and Bruce Sacerdote, "The Determinants of Punishment: Deterrence, Incapacitation and Vengeance" (2000): https://glaeser.scholars.harvard.edu/sites/g/files/omnuum7706/files/glaeser/files/the_determinants_of_punishment_deterrence_incapacitation_and_vengeance.pdf

- Alexes Harris, Heather Evans, and Katherine Beckett, "Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States" (2010): https://faculty.washington.edu/kbeckett/articles/AJS.pdf

- Sonja Starr, "Estimating Gender Disparities in Federal Criminal Cases" (2012): https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1164&context=law_econ_current

- NCFM: Sentencing Disparities between men and women: https://ncfm.org/2026/04/news/issues/criminal-sentencing/](https://ncfm.org/2026/04/news/issues/criminal-sentencing/

- "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts" by David B. Mustard: https://web.archive.org/web/20150626205923/http://people.terry.uga.edu/mustard/sentencing

- Cassia Spohn – “Sentencing Disparity and Discrimination: A Focus on Gender” (Chapter 4 of *How Do Judges Decide? The Search for Fairness and Justice in Punishment*, 2nd ed.): https://sk.sagepub.com/book/mono/how-do-judges-decide-2e/chpt/sentencing-disparity-discrimination-focus-gender

- Rodriguez, Curry & Lee (2006) – “Gender Differences in Criminal Sentencing: Do Effects Vary Across Violent, Property, and Drug Offenses?”: https://www.researchgate.net/publication/4790924_Gender_Differences_in_Criminal_Sentencing_Do_Effects_Vary_Across_Violent_Property_and_Drug_Offenses and https://onlinelibrary.wiley.com/doi/10.1111/j.1540-6237.2006.00383.x

- Curry, Lee & Rodriguez (2004) – “Does Victim Gender Increase Sentence Severity? Further Explorations of Gender Dynamics and Sentencing Outcomes?”: https://www.researchgate.net/publication/249718828_Does_Victim_Gender_Increase_Sentence_Severity_Further_Explorations_of_Gender_Dynamics_and_Sentencing_Outcomes

- Permutations of Ninjas, "On Why Most Convicts Are Men (And It Probably Has Nothing To Do With Men Committing More Crime)" (2012): https://web.archive.org/web/20150910205853/http://permutationofninjas.org/post/21544144182/on-why-most-convicts-are-men-and-it-probably-has

- William Wilbanks, "Are female felons treated more leniently by the criminal justice system?" (1986) https://www.tandfonline.com/doi/abs/10.1080/07418828600089101

- Matthew Zingraff and Randall Thomson, "Differential sentencing of women and men in the USA" (1984): https://scholar.google.com/citations?view_op=view_citation&hl=en&user=KOWLcZgAAAAJ&citation_for_view=KOWLcZgAAAAJ:roLk4NBRz8UC

## Historical Perspective


1. Otto Pollak (1950)

2. W.I. Thomas (1923)

3. Cyril Burt (1925)

4. Sheldon Glueck & Eleanor T. Glueck (1934 / 1950)

5. Mabel A. Elliott (1952)


Finally, consider this observation from E. Belfort Bax in “Feminism and Female Suffrage” (*The New Age*, 30 May 1910):

> “In the face of the statement of law and of facts there given, the game of bluff by which the advocates of ‘woman’s rights’ succeed in drawing tears from guileless simpletons by diatribes on the cruelly unjust status of Women under man-made laws, would have ceased to be possible. [...]
>
> [...] the chief argument for the imperativeness and urgency of votes for women insisted on by Suffragettes is mainly the unfairness of treatment meted out to women. Now, it is clear that when it is shown that much-decried man makes laws wholly and solely in the interests of the opposite sex and to the detriment of his own, any conclusions drawn from the contrary assumption vanish in smoke. [...]
>
> Instead, not only do those who are most zealous in clamouring for the franchise do their best to bluff their dupes by posing as the victims of a non-existent male oppression, but they, often enough, expressly proclaim their intention of pressing forward legislation the effect of which would be to enhance the existing privileges of their sex.”