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  • Rethinking judicial paternalism: Gender, work-family relations, and sentencing

    Author(s)
    DALY, KATHLEEN
    Griffith University Author(s)
    Daly, Kathleen
    Year published
    1989
    Metadata
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    Abstract
    Many scholars think that women are sentenced more leniently than men because judges are paternalistic toward women. In this article, I suggest that paternalism is a multilayered concept and that it is important to distinguish between judicial concerns for protecting women and those for protecting children and families. To learn what factors judges consider in sentencing and whether these differ for men and women defendants, I interviewed 20 men and 3 women judges in two state criminal courts. I learned that the primary objects of judicial protection were not women, but children, and men's and women's economic support or care ...
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    Many scholars think that women are sentenced more leniently than men because judges are paternalistic toward women. In this article, I suggest that paternalism is a multilayered concept and that it is important to distinguish between judicial concerns for protecting women and those for protecting children and families. To learn what factors judges consider in sentencing and whether these differ for men and women defendants, I interviewed 20 men and 3 women judges in two state criminal courts. I learned that the primary objects of judicial protection were not women, but children, and men's and women's economic support or care for families. However, there was a labor hierarchy in the judges' minds in that they believed that care giving was more important than wage earning for the maintenance of families. Interactive influences among the defendant's gender, familial status, race or ethnicity, and the nature of the offense charged are discussed.
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    Journal Title
    Gender & Society
    Volume
    3
    Issue
    1
    DOI
    https://doi.org/10.1177/089124389003001002
    Subject
    Commerce, Management, Tourism and Services
    Studies in Human Society
    Publication URI
    http://hdl.handle.net/10072/386909
    Collection
    • Journal articles

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