U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Structure and Practice of Familial-Based Justice in a Criminal Court

NCJ Number
107086
Journal
Law and Society Review Volume: 21 Issue: 2 Dated: (1987) Pages: 267-290
Author(s)
K Daly
Date Published
1987
Length
24 pages
Annotation
Many explanations have been proposed for gender differences in criminal court outcomes, but none has been grounded in a systematic study of the reasoning processes used by court officials in sanctioning male and female defendants.
Abstract
Interview with 35 court officials (prosecutors, defense attorneys, probation officers, and judges) are presented here to assess extant theory and to offer a reconceptualization of why gender differences may emerge in the course of 'doing justice.' The interviews reveal that the sanctioning process is structured by familial paternalism, that is a concern to protect family life, men's and women's labor for families, and those dependent on defendants. Familial paternalism more accurately explains family-based and gender-based disparities from female paternalism, which is based on the view that women, as the weaker sex, are subject to greater court protection than men before the criminal court. (Publisher abstract)