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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll