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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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Birketts—Nathan Evans

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Firm strengthens securities practice with partner return

NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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