What's Gender Got to Do with It? Incivility in the Federal Courts

The current study examines experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys. Using both quantitative and qualitative survey data, we documented the nature and interplay of general incivility, gender-related incivility, and unwanted sexual attention. Nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys. An in-depth examination of instigators revealed that not only fellow attorneys but also federal judges, court personnel, marshals, and court security officers instigated the inappropriate behavior. We further found that most attorneys responded to this mistreatment with avoidance and denial; few used or trusted existing reporting mechanisms. The current study surpassed simple prevalence estimates to document effects of interpersonal mistreatment on the professional well-being of targeted attorneys. We discuss implications of these results, drawing on theories of social dominance, sex-role spillover, cognitive stress, organizations, and intervention.     

Effects of offender gender on prosecutorial decision-making

This article addresses the extent to which an offender’s sex and the type of offense influences decisions made by prosecuting attorneys in criminal cases. Prosecutors in one south-eastern state were asked to decide initial charging, plea negotiations, and sentence recommendations in two hypothetical crime scenarios. The first scenario depicted a gender-neutral crime; the second described a traditionally masculine crime. The sex of the offenders was varied in two different versions of the scenarios. The findings reveal that prosecutors treated the male and female offenders differently. In particular, prosecutors recommended harsher sentences for the female offender, regardless of the type of offense. Authors are listed in alphabetical order.     

PARENT-CHILD RELATIONSHIPS IN DOMESTIC VIOLENCE FAMILIES DISPUTING CUSTODY

This article reports data on allegations of domestic violence in two samples of high-conflict families in child custody disputes. It delineates five basic types of interparental violence and corresponding patterns in parent-child relationships. The findings should be viewed as preliminary exploratory hypotheses, which, if confirmed in future research, suggest that differential assessment of domestic families is important when helping divorcing parents make custody and visitation plans.