KRM 320(A) UNIT 7: WOMEN IN THE CRIMINAL JUSTICE SYSTEM
Essays 14 & 15: The Chivalry hypothesis (CH) and Selective chivalry (SC)
Chivalry Hypothesis: Proposes women treated differently by decision makers in CJS because they’re women
Assumption: women are protected from full impact of system & consequently treated less harshly
compared to men
In essay: number of research results discussed to examine possible presence of chivalrous treatment in
CJS
One of first studies examining CH conducted by Nagel & Weitzman: found women charged for assault and
theft treated differently than male offenders
Specific findings:
Less likely to be in custody before trail
Less likely to be convicted
Less likely to receive prison sentences as punishment
White women less harsh treatment than African-American women
African-American women less harsh treatment than white males
Nagel & Weitzman thus found evidence for presence of chivalry towards women in CJS
However = although sample size for study was big, they didn’t control for seriousness of offence and
previous criminal records
Important to do so: because by considering previous convictions of an offender as well as their
similar and more recent offences an offender’s character might be indicated
Women have a significantly lower official crime rate and violent crime rate than men = with drug use as
the defining factor in most cases
Research has shown that criminal females committed crime as a result of having the opportunity to do
so (like the emancipation of women in the corporate world), as a method of self-defence or motivation
for someone doing wrong towards the (in the case of murder – abuse may be present), or to look after
themselves (shoplifting), or as the result of using drugs
If seriousness of offences & previous record were taken into account = researchers might have seen
differences in different types of offenders being treated differently
Willbanks also studied differential treatment of women in CJS
Was specifically interested in how men & women treated differently in different points in CJS funnel
Consequently compared earlier points in system (ex. Decision to arrest) and later decision points (ex.
sentencing)
Found women not treated more favourably during early process
Treated more favourably at sentencing stage
Similar to Nagle & Weitzman made error of not controlling for: seriousness of offence & criminal
records
Research that followed later Nagel and Hagan: sex appear to affect decisions differently at different
stages of CJS
Specific findings:
Women released on own recognisance rather than setting bail in pre-trail stage
Was no clear evidence that sex-influenced decision to prosecute or convict
Nagel & Hagan indicated although at first appeared women received more favourable sentences
Initial differential treatment disappeared when they correlated sentences with seriousness of offence
and criminal records
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