Replication Data for: Gendered Justice in Comparative Perspective: False Equality and False Difference in Criminal Appeals

Equality and justice under law have long been heralded as central tenets of the legal system. However, questions remain about whether and the extent to which adopted legal standards meet these goals, especially relating to gender. Analyzing criminal cases in top appellate courts comparatively across a 30-year period, I theorize that men and women will differ in success rates depending upon the underlying bases of their appeals. I expect that men will be more successful when the appeal is decided on purportedly neutral application of legal protections. However, women will be more successful in specific subcategories of crime associated with extralegal factors historically premised in stereotypes. I find that gender equality through neutral legal language has not been fully realized, suggesting a “false equality” in law. Yet, gender as a social construct with its associated assumptions through application of extralegal factors reflects and perpetuates a “false difference” in law.