Likhet inför lagen? En analys av domslut rörande dödligt våld i nära relationer.

Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: The aim of this study was to examine whether or not the Swedish judicial system lives up to the principle of objectivity and equal treatment as stated in the Swedish constitution. The last several years there has been various public state investigations that has shed light on discrimination based on gender within the judicial system. However, despite these findings little further research has been made on the topic. Twenty judgements from the District court alongside with their appeals were examined and analysed in order to study how the courts reason when deciding a verdict for defendants on trial for murdering an intimate partner, and whether or not the defendants gender had an effect on the outcome and the sanction given. The findings showed that female defendants overall tend to receive more lenient treatment and sentences than the male defendants. Based on the number of judgments examined it is difficult to determine if there is a systematic gender bias within the judicial system. There were however noticeable patterns in the examined cases showing that the female defendants were shown more leniency by the court when deciding the verdict even though the female defendant had similar or more aggravating circumstances than the male defendant.

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