Prosecutors invoke gender stereotypes in capital cases against women

In 2001, Brenda Andrew was convicted of murdering her husband, leading to a death sentence 21 years later. The Supreme Court later deemed evidence about her personal life, appearance and perceived shortcomings as a wife and mother to be unduly prejudicial, prompting Cornell researchers to examine gender stereotypes used by prosecutors against women defendants.

Cornell information science researchers found that lawyers frequently employ terms linked to gender roles, sexualization, appearance, parenting and LGBTQ+ identity in trials involving women compared to men. Emma Harvey, a doctoral student in information science, co-authored the study "Fundamentally Unfair: Analysis of Gendered Discourse in U.S. Capital Trials," which highlights the need for systemic changes in how female defendants are viewed and discussed in court.