Ilene H. Nagel

Gender and Crime: Offense Patterns and Criminal Court Sanctions

The relation between gender and criminality is strong, and is likely to remain so. Women have traditionally been much less likely than men to commit violent crimes, and that pattern persists today. Rates of female involvement in some forms of property crime-notably petty theft and fraud-appear to be increasing. However, while the relative increase in womens property crime involvement is significant, female participation even in these crimes remains far less than that of men. The relation of gender to case processing decisions in the criminal justice system varies from stage to stage. Although the pertinent literature is plagued by methodological and interpretive problems, several tentative conclusions can be offered. Women are more likely than men, other things equal, to be released on recognizance; however, when bail is set, the amount of bail does not appear to be affected by the defendants gender. There is no clear evidence that the defendants gender systematically affects prosecution, plea negotiation, or conviction decisions. In sentencing, however, women appear to receive systematic leniency except when they are convicted of high-severity offenses.

THE LEGAL/EXTRA-LEGAL CONTROVERSY: JUDICIAL DECISIONS IN PRETRIAL RELEASE

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors-are also found to affect these pretrial release decisions. Their impact, too, is decision context specific. Among the extra-legal factors that affect pretrial release decisions, the effects of status characteristics of the defendant pale in comparison to the effects of bench bias and measures of the defendants dangerousness.