Many have argued that there is obvious disparate treatment among particular demographic groups of criminal defendants by the courts. While the federal sentencing guidelines were created in order to maintain uniform treatment of defendants based on legally relevant factors, we still see extralegal factors causing disparity. A significant amount of attention, however, has been focused on racial disparities in sentencing. While racial disparity is an important concern, there is another disparity with which attention is needed: sex-based disparity. Sex-based disparity, or, gender disparity, while it does receive significantly less media attention, is just as great if not greater than racial disparity. Similar to race, gender is considered an extralegal …show more content…
They claim that legal factors play a large role in sentencing male and female defendants and studies such as the ones mentioned do not take these factors into consideration. It is true that legal factors such as criminal history and offense severity do play an important role in sentencing decisions of males and females. However, more recent studies such as the one conducted by Doerner and Demuth do take these legal factors into consideration. Even after controlling for variables such as criminal history and offense severity, they still find unexplained differences in sentencing between genders.
There are several theories as to why gender disparity occurs. One perspective aimed at explaining sex-based disparities is what is known as the chivalry/paternalism thesis. This is the idea that because the justice system is male dominated, judges tend to associate female offenders with the women in their lives. For example, when a judge sees a female offender, the paternalism theory suggests that it causes them to think of their daughter, sister, wife, etc. and therefore be more lenient in
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Studies dating back to 1993 show that this has been true for over twenty years. More recent studies show that this disparity is still occurring today. We continue to see males incarcerated more often and for longer terms when compared to females. There are those who argue that gender disparity does not take into account legal characteristics such as criminal history and offense severity. However, studies have been conducted that do in fact take control for those factors. The same outcome is reached. Even with legal characteristics considered, female offenders are less likely to be incarcerated compared to male offenders. Theories have been developed as an attempt to explain why this disparity occurs. Some tend to favor the chivalry/paternalism thesis while others favor the focal concerns perspective. Either way, gender disparity is occurring with no legally relevant reason to explain it. The federal sentencing guidelines were developed in order to prevent disparity from occurring. However, we see that judges still tend to consider extralegal factors when sentencing. It is important that the criminal justice system follow the guidelines set in place so that all cases are sentenced in an equal and fair
In 1981 women only made up around 4 percent of inmates in prison. The criminal justice world is very set on race. For example in the book Criminal Justice a brief introduction by Frank Schmalleger, it says that race is so marginalized that even though in the united states population there are only about 13 percent of African Americans, African Americans that are incarcerated account for somewhere around 50 percent. This shows that African American women are more likely to encounter incarceration has opposed to white women. This is also why women’s prisons are study less than men’s prisons. Because there are less violent crimes committed in a women’s prison and there are significantly less women inmates than men. .However, this could soon change in the years coming if the crime rate in women keeps rising like it
There have been different outcomes for different racial and gender groups in sentencing and convicting criminals in the United States criminal justice system. Experts have debated the relative importance of different factors that have led to many of these inequalities. Minority defendants are charged with ...
The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
Imagine Kirsty and Marc, a young couple who resort to robbing a house in a desperate attempt to make money. They are caught, charged with the same crime and given the same sentence, except for one thing: the male dominant world we live in does not stop at the courtroom door. Marc is sent to a medium security prison one hour from his family with every opportunity to earn his way into a minimum-security facility. He spends his days learning to cook in the kitchenette and has access to basic necessities like aftershave or hairspray. Meanwhile, Kirsty walks into her frigid six-by-ten foot cell with bars for a door, a toilet in plain view and not a trace of sunlight. She is twelve hours from home with no hope of changing location since there is nowhere else to go. The stories of rapes, beatings and riots told by her new neighbours are endless. Kirsty realizes that the only way for her to survive this place is to oppose nature and forget what it is to feel. This is discrimination against women as they are penalized more severely than men for committing less crime. How can women strive for equality when they cannot attain justice in the justice system itself? The controversy over the gender bias goes beyond the "too-few-to-count" syndrome as Sally Armstrong calls it, it is a question of women's constitutional right to be treated equally.
“Most modem sentencing systems in the United States express an explicit commitment to ensuring that a defendant 's sentence is not affected by the defendant 's race or gender (Hessick, 2010).” Even though individuals are protected through the Bill of Rights and Sentencing Reform Acts, there are still disparities in sentencing within the criminal justice systems. Often, race and gender bias negatively affects sentencing.
All three types are prevalent throughout the criminal justice system and prevent justice for all. I recommend that in order to decrease disparity in all forms, we examine each case one by one and assign a sentence that fits each specifically. We need to make a clear set of guidelines across state lines, so everyone is on the same platform and treated equally. For gender disparity, we need to tackle the societal view of females in order to show that justice and the law sees no difference in man and women. For racial disparity, we need to train all law enforcement to acknowledge that there is no one race that is more guilty than the other. For age disparity, we need to examine each case on a case by case basis in order to better serve justice to each situation; then the court can decide if it should be tried in adult court or not. Overall, disparity is a major issue that is holding our criminal justice system back from its full potential; we can do better than
The Sentencing Project: Research and Advocacy for Reform. (2007) Women in the Criminal Justice System: Briefing Sheets.
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
Females are increasingly becoming more active in the juvenile justice system and this is said to be happening at alarming rates. It is important to learn more about why and how girls commit crimes so that we may also attempt intervention in an effective manner to prevent potential offenders and rehabilitate the girls who have already committed offenses. The Office of Juvenile Justice and Delinquency Prevention has produced a report that includes a review of how these girls are getting into these situations, how states are dealing with this population of offenders, the national efforts that have taken place to attempt to address the needs of the adolescent female offender including training for individuals who work with these females and a female-based continuum of care model that’s use is recommended in the development of any female program development. This population of offenders requires not special treatment but different treatment than the typical juvenile offender which has been up until recently mostly all male.
Many inequalities exist within the justice system that need to be brought to light and addressed. Statistics show that African American men are arrested more often than females and people of other races. There are some measures that can and need to be taken to reduce the racial disparity in the justice system. Racial disparity in the criminal justice system exists when the proportion of a racial or ethnic group within the control system is higher than the proportion of the group in the general population. The cause of this disparity varies and can include differences in the levels of criminal activity, law enforcements emphasis on particular communities, legislative policies, and/or decision making by one or more persons at some level in the criminal justice system.
Historically, criminology was significantly ‘gender-blind’ with men constituting the majority of criminal offenders, criminal justice practitioners and criminologists to understand ‘male crimes’ (Carraine, Cox, South, Fussey, Turton, Theil & Hobbs, 2012). Consequently, women’s criminality was a greatly neglected area and women were typically seen as non-criminal. Although when women did commit crimes they were medicalised and pathologised, and sent to mental institutions not prisons (Carraine et al., 2012). Although women today are treated differently to how they were in the past, women still do get treated differently in the criminal justice system. Drawing upon social control theory, this essay argues that nature and extent of discrimination
Classical and contemporary theory helps to explain gendered crime patterns. The feminist school of criminology argue criminology and criminal theory is very masculine, all studies into criminal behaviour, have been developed from male statistics and tested on males. Very little research is conducted into female criminality, this may be because women who commit crime are more likely to be seen as evil or mentally ill rather than criminal, this is because women are labe...
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
Before the jury stands the defendant. There is overwhelming evidence in the favor of the prosecution. The verdict comes back from the jury, not guilty. Why? The defendant is a woman. In our era of equal rights and civil liberties women have made great strides in their advancement and role in society, yet it seems that gender segregates when it comes to crime. There have been countless cases where women and men have been tried for the same crime, yet when it comes to verdict and sentencing, the results don’t necessarily match. If one commits a crime one should be punished accordingly regardless of gender. In our society we seem to have two separate rules for our criminals, one for men and one for women. The key issue is are men and women treated equally by the criminal justice system. Another issue in gender biased sentencing is in its is its severity. Are women sentenced heavier for certain crimes then men.