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Exploring Sex Disparity in Sentencing Outcomes: A Focus on Narcotics Offenders in South Korea

NCJ Number
234947
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 55 Issue: 2 Dated: April 2011 Pages: 268-286
Author(s)
Richard D. Hartley; Dae-Hoon Kwak; MiRang Park; Min-Sik Lee
Date Published
April 2011
Length
19 pages
Annotation
This study examined the effect of gender on sentencing outcomes for drug offenders in South Korea.
Abstract
Most research on sentencing outcomes reveals that legally relevant factors such as the seriousness of the offense and prior criminal record are primary determinants. There is, however, a substantial body of research that finds that extralegal factors such as a defendant's sex also influence these outcomes. Most of these latter studies conclude that female defendants receive less severe outcomes compared to their male counterparts. Most of this research, however, is limited to Western societies. To extend this body of research, the current study examines sex differences in sentencing practices for a sample of narcotics offenders in South Korea. Results support previous research; female drug offenders in South Korea are generally treated more leniently than their male counterparts. Tests for interaction effects reveal that the defendant's sex also interacts with other constellations of factors to produce lenient treatment for certain female defendants. These tests, however, also reveal that lenient sentence outcomes are not extended to all female defendants; those with prior drug convictions do not fare better than their male counterparts at the incarceration decision. (Published Abstract)