Comparing Apples to Oranges Differences in Women’s and Men’s Incarceration and Sentencing Outcomes

• Published in: Journal of labor economics Vol. 35; no. S1; pp. S201 - S234
• Main Authors: Butcher, Kristin F., Park, Kyung H., Piehl, Anne Morrison
• Format: Journal Article
• Language: English
• Published: Chicago The University of Chicago Press 01-07-2017; University of Chicago Press; University of Chicago, acting through its Press
• Subjects: Criminal sentences; Decomposition; Gender; Gender differences; Gender inequality; Imprisonment; Judges & magistrates; Labor economics; Offenders; Sex discrimination; Studies
• ISSN: 0734-306X; 1537-5307
• DOI: 10.1086/691276

Using detailed administrative records, we find that, on average, women receive lighter sentences in comparison with men along both extensive and intensive margins. Using parametric and semiparametric decomposition methods, roughly 30% of the gender differences in incarceration cannot be explained by the observed criminal characteristics of offense and offender. We also find evidence of considerable heterogeneity across judges in their treatment of female and male offenders. There is little evidence, however, that tastes for gender discrimination are driving the mean gender disparity or the variance in treatment between judges.