Gender Bias in the Legal System: Are Mothers an At-Risk Population?

• In Event: Poster Session II

Abstract

Implicit gender bias could contribute to the overrepresentation of mothers in Family Court. In this annotated bibliography, scholarly articles on attitudes and gender bias related to mothers in the legal system were reviewed. Literature was located using numerous databases including Lexis/Nexis, PsycINFO, Social Work Abstracts, and Women’s Studies International.

Mothers of color are at a greater risk of being treated unfairly in the legal system due to gender, racial, and class biases, and because they lack power and resources. The overrepresentation of African American mothers is not because they are more likely to abuse or neglect their children but rather due to discrimination that exists in the legal system.

Another reason that mothers are an at-risk population is that they are disproportionately present in the child protective system. Fathers are less frequently involved in this system and the court has lower expectations for them than mothers. For example, mothers are more likely to be charged with neglect or passive abuse of their children.

Mental health professionals need to utilize research findings to provide legal professionals with education and interventions regarding the impact of gender biases on mothers in the legal system. This could promote positive change and reduce disparate treatment.

Authors

• Janelle Nicole Dixon, Wright State University

• Gillian LaRue, Wright State University

• Eleanor Tripp, Wright State University

• Samantha Gauvin, Wright State University

• Cristina Chevere, Wright State University

• Devon Douglas, Wright State University

• Cheryl Meyer, Wright State University