Gendered Justice in China: Victim–Offender Mediation as the "Different Voice" of Female Judges. (March 2021)

• Record Type: Journal Article
• Authors: Wei, Shuai
• Other Names: Lee Jonathan guest-editor.
• Is Part Of: International journal of offender therapy and comparative criminology. Volume 65:Number 4(2021)
• Page Start: 346
• Page End: 372
• Publication Date: 2021-03
• Subjects: victim–offender mediation -- judges -- gender -- propaganda; Criminals -- Rehabilitation -- Periodicals; Criminal psychology -- Periodicals; Violent offenders -- Periodicals; Sex offenders -- Periodicals; Criminology -- Periodicals; 364.3
• DOI: 10.1177/0306624X20936202
• Languages: English
• ISSNs: 0306-624X

Abstract

Attempts to uncover the "different voice" of female judges through testing the statistical significance of judges' gender in decision making have offered inconsistent results. Meanwhile, a proliferation of research suggests that such "voice" might be detected through qualitative analysis. Existing findings indicate that when female judges have discretionary power regarding case management, they will typically foster a process of settlement. Based on this information, I conducted eight months of fieldwork in China and observed 68 victim–offender mediations in four district courts. I found that the criminal division is widely perceived as a masculine setting, and female judges are accustomed to employing mediation as a preferred dispute resolution method to facilitate reconciliation between the two parties and seek civil compensation for victims. Such judicial behavior is a result of propaganda from the Supreme People's Court and a reflection of female judges' life and work experience. By contrast, a neglect of mediation among male judges can be identified in the same workplace. The belief that mediation is feminine and time-consuming contributes to this neglect. In addition, rape lawsuits are an exception for mediation. This explorative research not only represents one of the first efforts to reveal a "different voice" in the Chinese criminal justice system but points out a direction of research for studying the judicial behaviors of female judges worldwide.