Gender Bias in Today's Courtrooms

In the changing social climate gender bias is treated as though it no longer exists. However, in today's courtrooms, gender bias is alive and well. In a typical case of gender bias, one or more members of the courtroom team will have preconceived notions of the traditional roles of males and females. This generalization can include not only the ideas held about the defendant, but also the attorneys, the judge, and even members of the jury.

A study published regarding gender bias found that of more than 700 female attorneys, the majority felt discriminated against on the basis of their gender alone. This study found 70% of the females felt they were on the receiving end of gender bias. (Baldas, 2005) That does not even include the males that have felt the whiplash of gender bias in the courtroom. Even male individuals can feel biased against based upon their sex. The majority of studies cover female interpretations and the bias that females face, but few studies have been conducted on the reactions of the males involved in the courtroom. Is it possible that males also feel discriminated against? How many females are given jobs that males may be more qualified for based on their gender alone?

The information retrieved through surveys and studies have uncovered that the majority of gender based behaviors are male initiated. (Stepnik, Orcutt, 1996) What this means is that the majority of derogatory behaviors such as gender related jokes, slurs, and more subtle comments regarding gender are predominately began by the males. What is not taken into account is the number of women who mistakenly believe they have been on the receiving end of such treatment. The belief that law is a predominately male profession can cause even the most self assured woman to believe that comments are directed at her when in fact, they may not be.