{"title":"辩诉折扣偏差:香港性别差异的机制","authors":"Sayaka Ri, Kevin Kwok-yin Cheng","doi":"10.1007/s11417-022-09361-y","DOIUrl":null,"url":null,"abstract":"<div><h2>Abstract\n</h2><div><p>Consistent sentencing is an ideal pursued by fair and just legal systems. Part of the sentencing procedure entails the provision of a consistent guilty plea discount by following sentencing guidelines. This study aims to identify the level of judicial adherence to plea discount guidelines, and to determine the factors that influence the awarding of the plea discounts in Hong Kong. We analyzed linear regression models of 1,030 cases in Hong Kong’s District Court. Our findings indicate that women were generally afforded higher plea discounts than men, but the discounts were not awarded monolithically. Women with physical illnesses and those with a presiding male judge were afforded higher plea discounts, while female defendants convicted of driving offenses or diagnosed with mental illnesses were given lower plea discounts. Conditional support for the chivalry/paternalism hypothesis and evil women theory in an Asian context was found.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 2","pages":"237 - 261"},"PeriodicalIF":1.8000,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Plea Discount Deviations: a Mechanism for Gender Disparities in Hong Kong\",\"authors\":\"Sayaka Ri, Kevin Kwok-yin Cheng\",\"doi\":\"10.1007/s11417-022-09361-y\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><h2>Abstract\\n</h2><div><p>Consistent sentencing is an ideal pursued by fair and just legal systems. Part of the sentencing procedure entails the provision of a consistent guilty plea discount by following sentencing guidelines. This study aims to identify the level of judicial adherence to plea discount guidelines, and to determine the factors that influence the awarding of the plea discounts in Hong Kong. We analyzed linear regression models of 1,030 cases in Hong Kong’s District Court. Our findings indicate that women were generally afforded higher plea discounts than men, but the discounts were not awarded monolithically. Women with physical illnesses and those with a presiding male judge were afforded higher plea discounts, while female defendants convicted of driving offenses or diagnosed with mental illnesses were given lower plea discounts. Conditional support for the chivalry/paternalism hypothesis and evil women theory in an Asian context was found.</p></div></div>\",\"PeriodicalId\":45526,\"journal\":{\"name\":\"Asian Journal of Criminology\",\"volume\":\"17 2\",\"pages\":\"237 - 261\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2022-02-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Criminology\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://link.springer.com/article/10.1007/s11417-022-09361-y\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Criminology","FirstCategoryId":"90","ListUrlMain":"https://link.springer.com/article/10.1007/s11417-022-09361-y","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Plea Discount Deviations: a Mechanism for Gender Disparities in Hong Kong
Abstract
Consistent sentencing is an ideal pursued by fair and just legal systems. Part of the sentencing procedure entails the provision of a consistent guilty plea discount by following sentencing guidelines. This study aims to identify the level of judicial adherence to plea discount guidelines, and to determine the factors that influence the awarding of the plea discounts in Hong Kong. We analyzed linear regression models of 1,030 cases in Hong Kong’s District Court. Our findings indicate that women were generally afforded higher plea discounts than men, but the discounts were not awarded monolithically. Women with physical illnesses and those with a presiding male judge were afforded higher plea discounts, while female defendants convicted of driving offenses or diagnosed with mental illnesses were given lower plea discounts. Conditional support for the chivalry/paternalism hypothesis and evil women theory in an Asian context was found.
期刊介绍：
Electronic submission now possible! Please see the Instructions for Authors. For general information about this new journal please contact the publisher at [welmoed.spahr@springer.com] The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention, and to promote comparative studies about crime and criminal justice. The Journal provides a platform for criminologists, policymakers, and practitioners and welcomes manuscripts relating to crime, crime prevention, criminal law, medico-legal topics and the administration of criminal justice in Asian countries. The Journal especially encourages theoretical and methodological papers with an emphasis on evidence-based, empirical research addressing crime in Asian contexts. It seeks to publish research arising from a broad variety of methodological traditions, including quantitative, qualitative, historical, and comparative methods. The Journal fosters a multi-disciplinary focus and welcomes manuscripts from a variety of disciplines, including criminology, criminal justice, law, sociology, psychology, forensic science, social work, urban studies, history, and geography.
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