Chivalry hypothesis Flashcards
What does it refer to in the CJS?
Refers to the idea that women are treated differently by decision makers in the CKS because of their gender
What does it suggest?
Suggests that women are afforded leniency in various stages on the CJS
The belief raised from chivalry hypothesis
It raises the belief that women are treated less harshly in the same situation as men:
This attributes to a form of chivalry where women are seen as being in need of protection and care
its based on stereotypical notions of feminity
And its associated with gender norms held by men in positions of power in the CJS
Origins of CH
Can be traced back to feminist scholars
that critiqued the CJS as being a male-dominated system that reinforces gender inequalities
Draws from the idea that women who deviate from traditional gender roles are often penalized
while society and legal professionals extend protection and compassion to women based on perceived vulnerabilities
Research findings on chivalry in general
Have produced mixed results indicating both the presence and absence of chivalrous treatment
Nagel and Weltzmann’s study
critique
Women charged with theft and assault are less likely to be in custody before trial
less likely to be convicted or receive prison sentences as punishment
White women received less harsh treatment than black women.
Black women received less harsh treatment than white males
Critique: The study doesn’t provide for the seriousness of the offences and consideration of previous criminal records which could affect the results
Wilbank’s study
Women are not treated favourably within early stages of CJS but are treated more leniently in the sentencing stages
Critique: Also says that study doesn’t provide for the seriousness o the offence or and previous criminal records
Nagal and Hagan study
Sex (gender) influenced decisions differently at various stages of the CJS
Their specific findings were:
＊ Women were released on their own recognizance rather than setting bail in the pre-trial
stage.
＊ No clear evidence was found that that sex influenced the decision to prosecute or
convict.
Critique: although it first appeared that women did receive more favourable sentences, the initial differential treatment disappeared when they correlated the sentences with the seriousness of the offence and previous criminal records.
Steffenmeier, Kramer and Streifel study and critique
Judges departed more often from sentencing guidelines in female cases than male cases
critique: gender had little influence on decision making but the actual imbalance was influenced by various factors such as those mentioned for other studies
Selective Chivalry in the Youth system
Refers to the differential treatment of male and female juveniles based on gender stereotypes
Bishop and Frazier study
Found evidence of selective chivalry within youth systems where boys were being punished more severely than girls except for female status offenders
Farnwoth and Teske versions of the CH
TYPICAL/EVIL WOMAN HYPOTHESIS
women only receive chivalry when their charges align with traditional gender stereotypes and those deviating from those stereotypes by committing violent crimes are more likely to receive harsher punishments
SELECTIVE CHIVALRY HYPOTHESIS
where women offenders and affluent women receive disproportionate chivalry from the CJS
DIFFERENTIAL DISCRETION HYPOTHESIS
suggests that gender disparities are more common during the pre-trial phase and less common at final sentencing stages (opposite of Wilbanks’s study)
GENDER CONFLICT HYPOTHESIS
shows that preferential treatment towards women may disappear when violence is directed towards the dominant gender in society (but research shows contradictions to this hypothesis)
Findings for each hypothesis
Typical /evil woman= no support for typical hypothesis
Selective chivalry =whire women are more likely to have their charges removed at final sentencing stage
Differential discretion hypothesis=women with no criminal records are more likely to receive charge reduction
Gender Conflict hypothesis=Race rather than gender was the greatest factor for reducing charges
Opinions on possible prevalences of chivalry and impact it may have on the CJS
Existence of chivalry has been debated for years die to mixed research findings
some have supported chivalry while others argue that gender disparities can be attributed to other factors such as seriousness of crime of presence of prior criminal records
Therefore, it is essential to continue exploring this topic
while considering the intersectionality of gender, race, and the nature of the crime.
In doing so, we can better understand the complex dynamics within the criminal justice system and work towards a more equitable and just system for all individuals, regardless of their
gender
