The Role of Probation Officers in Determining Gender Differences in Sentencing Severity

Abstract

AbstractThis study examines the relationship between gender and sentencing severity in the criminal justice system. Analysis focuses (1) on the extent to which gender influences sentencing and (2) on the part played by probation officers' presentence investigations in accounting for these differences. We find males are more likely than females to receive harsh sentences. The gender effect is diminished, but not ellmnished, in multivariate analyses, when controls are introduced for other sociodemographic and legal variables. The length of pretrial detention and the amount of charge reduction also have little impact on the magnitude of this relationship. Presentence recommendations by probation officers, however, have a major effect. Independent of other potential influences, being female greatly increases the likelihood of receiving a non-incarceration sentence recommendation which, in turn, is the primary predictor of final criminal court dispositions. A large portion of the gender effect in sentencing enters during the presentence stage, apparently because probation officers (the court officials who prepare the presentence reports) are influenced by traditional ideas about gender roles. Qualitative data suggest that they believe the sources of crime are different for women and men and that imprisonment is more appropriate as a treatment for men.