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02 May 2013 / Anita Killeen
Issue: 7558 / Categories: Opinion
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Not guilty? Fat chance!

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Does body weight influence perceptions of responsibility, asks Anita Killeen

Researchers at Yale University have shown that a defendant’s body weight and gender can affect perceptions of guilt and responsibility. In addition the authors state that the prevalence of weight discrimination has increased worldwide by 66% since 1995 and is now on par with rates of racial discrimination.

Although “weight bias” has been documented across multiple domains, including employment, medical, and interpersonal settings, these findings  go further, highlighting the importance of increasing awareness to prevent such discrimination in legal settings. The research has relevance for all litigators, not just criminal law practitioners, as any trial where an obese client or witness is involved, such as defamation cases, health and safety cases, and employment cases, may be affected (see NA Schvey, RM Puhl, KA Levandoski and KD Brownwell, International Journal of Obesity (2013), 1:1-7).

A brief history of bias

Previous empirical research in both simulated and actual trial settings has indicated that bias does exist in the courtroom. For example, physically attractive defendants

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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