Serious Violent Offenses and Sentencing Decisions in China—Are There Any Gender Disparities?

Lu, Hong; Liang, Bin; Liu, Siyu

doi:10.1007/s11417-012-9155-x

Cited by 16 publications

(15 citation statements)

References 27 publications

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“…In general, the significant variables demonstrated that it is legal factors that have a critical influence on Chinese judges' decisions in criminal trials. Our findings correspond to prior studies, which found that criminal justice decisions made by Chinese judges are most likely based on legal factors (Liang, Lu, & Taylor, 2009;Lu, Liang, & Liu, 2013).…”

Section: General Multilevel-multivariate Analysissupporting

confidence: 91%

Judges’ Gender and Sentencing in China: An Empirical Inquiry

Wei

Xiong

2019

Feminist Criminology

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Although mixed results regarding judges’ gender disparity in sentencing have been uncovered globally by comparatists, China has yet to be considered. Based on documents of adjudication decisions collected from two cities, we examined district court judges’ sentencing decisions. Multilevel-multivariate analysis reveals negligible differences between male and female judges. We conclude that the similarities in the decision to incarcerate can be explained by the harmonious “Iron Triangle” relationship among the police, the procuratorate, and the court. We also indicate that the Sentencing Guidelines and the Adjudication Committee are mechanisms that shape judicial behaviors in the same direction.

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Section: General Multilevel-multivariate Analysissupporting

confidence: 91%

Judges’ Gender and Sentencing in China: An Empirical Inquiry

Wei

Xiong

2019

Feminist Criminology

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“…In some states in the United States, women received indeterminate sentences for the same offenses, of which men were given determinate/shorter sentences (e.g., see Moulds, 1978). However, some studies suggest that the CJS does not always treat women more harshly than males for some of the serious offenses, instead, the women are treated as men (see Embry & Lyons, 2012;Lu et al, 2013) or still more leniently (e.g., Embry & Lyons, 2012) when people expect that women should be treated more harshly. This will be discussed below.…”

Section: The Evil Women Hypothesismentioning

confidence: 99%

Mobs who Stripped Female Robbers but Failed to Strip the Male Robbers: The “Evil Women Hypothesis” on Nigerian Streets

Agazue

2023

Int. J. Criminol. Sociol.

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Academic reports on the “evil women” hypothesis have focused mainly on the actions of criminal justice authorities (CJA). However, actions based on this hypothesis equally extend to ordinary members of the public. Vigilante justice on suspected criminals by mobs is a regular occurrence in Nigeria. Thus, the current article drew on vigilante justice on robbers to examine the notion of the evil women hypothesis from the perspective of mobs. Three robbery incidents in three different Nigerian cities involving robbers impersonating taxi operators known as “one-chance” robbers, were analyzed. In all the three incidents, the one-chance robbers comprising both men and women were caught by mobs. In all of them, the mobs stripped the female robbers naked in public whilst their male gang members were allowed to wear their clothes. The actions of the mob conformed to those of CJA with respect to the evil women hypothesis whereby female offenders are punished more severely than their male counterparts due to the idea that the former have crossed the morality boundary to commit a serious offense that goes against the gender-role expectations.

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“…Few studies, however, have examined gender disparities in death sentence decisions in China. One study conducted by Lu, Liang, and Liu (2013) suggested that gender did not have a significant net impact on sentencing outcomes for violent crimes in China. The result of the qualitative comparative analysis showed, however, that the unique profile of the female capital murder cases had more severe case characteristics (i.e., number of deaths involved) than did their male counterparts, suggesting that since there were no statistically significant differences in sentencing decisions involving male and female offenders, the female offenders may indeed receive preferential treatment in death sentence decisions in China.…”

Section: Gender and The Death Penaltymentioning

confidence: 99%

“…The Chinese legal rulings are issued by the presiding judges after the announcement of the judicial decisions at the close of a trial. Due to the unavailability of the complete legal documents, and because of difficulties obtaining official criminal statistics, research related to the Chinese criminal justice system primarily relies on these published documents which are available on the Internet (e.g., at official websites maintained by court and government agencies), and in print (e.g., collections of judicial legal rulings published regularly by some institutions; Lu et al, 2013;Lu & Miethe, 2002). While the legal rulings published in these documents dealt with a variety of case types (e.g., corruption cases, violent crime cases, and property crime cases), only three crimes were coded for the purpose of this study: murder (guyi sharen), intentional assault (guyi shanghai), and robbery (qiangjie).…”

Section: Datamentioning

confidence: 99%

Death Penalty Disposition in China: What Matters?

Longmire

2016

Int J Offender Ther Comp Criminol

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In theory, sentencing decisions should be driven by legal factors, not extra-legal factors. However, some empirical research on the death penalty in the United States shows significant relationships between offender and victim characteristics and death sentence decisions. Despite the fact that China frequently imposes death sentences, few studies have examined these sanctions to see if similar correlations occur in China's capital cases. Using data from published court cases in China involving three violent crimes-homicide, robbery, and intentional assault-this study examines the net impact of offender's gender, race, and victim-offender relationship on death sentence decisions in China. Our overall multiple regression results indicate that, after controlling for other legal and extra-legal variables, an offender's gender, race, and victim-offender relationship did not produce similar results in China when compared with those in the United States. In contrast, it is the legal factors that played the most significant role in influencing the death penalty decisions. The article concludes with explanations and speculations on the unique social, cultural, and legal conditions in China that may have contributed to these correlations.

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Serious Violent Offenses and Sentencing Decisions in China—Are There Any Gender Disparities?

Cited by 16 publications

References 27 publications

Judges’ Gender and Sentencing in China: An Empirical Inquiry

Judges’ Gender and Sentencing in China: An Empirical Inquiry

Mobs who Stripped Female Robbers but Failed to Strip the Male Robbers: The “Evil Women Hypothesis” on Nigerian Streets

Death Penalty Disposition in China: What Matters?

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