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Gender Bias Skews Justice for Women

NCJ Number
121736
Journal
Trial Volume: 26 Issue: 2 Dated: (February 1990) Pages: 39-41,43
Author(s)
S M Singleton
Date Published
1990
Length
4 pages
Annotation
Gender bias occurs when judges decide cases based on their stereotyped notions of the roles of women and their inability to appreciate the value of women's work.
Abstract
Damage awards for injuries to women have been traditionally undervalued because a women's contribution to the welfare of the family home is largely unpaid. Additionally, financial awards at divorce often favor the father and lower the standard of living of the custodial mother and her children because judges base their awards on stereotyped assumptions. Asset distribution and property division awards often favor the husband, while the wife lacks the resources to challenge the fairness of the court's decision. Courts also act on gender bias in mediating domestic violence and rape cases. Lawyers and the courts must see that progressive anti-gender bias legislation is implemented. Specific examples of gender bias situations and the courts' responses in New Mexico are detailed. 12 footnotes.

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