header-logo header-logo

02 May 2013 / Anita Killeen
Issue: 7558 / Categories: Opinion
printer mail-detail

Not guilty? Fat chance!

72919754_largefinal

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose—Jacqui Hayat & Andrew Bentham

Taylor Rose strengthens Medical Negligence team with senior leadership appointments

Birmingham Law Society—Sabina Kauser

Birmingham Law Society—Sabina Kauser

Ward Hadaway partner appointed Vice President of Birmingham Law Society

Excello Law—Nick Gore & Irfan Ali

Excello Law—Nick Gore & Irfan Ali

Excello Law immigration boost with two more hires from Irwin Mitchell

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll