Gender Differences in Informal Processing: A Look at Charge Bargaining and Sentence Reduction in Washington, D.C.

Abstract

Because the most important court decisions are not regulated by due process, any study concerned with discrimination should examine those informal processes. This study focuses on the processes of charge bargaining and sentence reduction. We identify criteria associated with these decisions and examine the differences in outcomes by gender of the defendant. It is found that dimensions of defense are the most important in determining a plea outcome favorable to the defendant, and that males fare better than females in this process. This suggests that policies stressing equalization of defense resources might be crucial in the regulation of plea bargaining.

Effects of Individual Characteristics on Plea Negotiations Under Sentencing Guidelines

“…Although the seriousness of the current offense and prior record were the most important influences in determining charge reductions, a substantial amount of research found that individual characteristics also influenced charge reductions (see Albonetti, 1992;Bernstein, Kick, Leung, & Schulz, 1977;Farnworth & Teske, 1995;Figueira-McDonough, 1985;LaFree, 1980;McDonald, 1985;Miethe & Moore, 1986;Voit, 1987).…”

Contributions of quantitative methods to the study of gender and crime, or bootstrapping our way into the theoretical thicket

“…15 Based on this research, we can only conjecture that women are treated more severely than men in the decision to prosecute and that they may be more likely than men to enter guilty pleas (cf. Curran, 1983;Figueira-McDonough, 1985;Ghali and Chesney-Lind, 1986). Women also appear to be treated less severely than men in the pretrial release and final 15For a review of this research prior to 1980, see Nagel and Hagan (1982).…”

The Role of Collective Efficacy in Defendants’ Acceptance of Plea Bargaining: A Perspective on Housing Density

“…Some studies find that plea bargaining favors the female defendants with more beneficial plea deals [16,17], while others find male defendants fare better [15]. Still, Bishop and Frazier's research finds the non-significant effect of defendant's gender on plea bargaining process.…”

“…Research [6,13,14] consistently documents that Blacks and Hispanics tend to be related to crime fear and are more likely to perceived as particularly threatening in the contemporary American community [13]. Specifically, argue that race is the most influential factor in the sentencing process and the court's offer of plea bargaining [15].…”