Perception is not reality. The common assumption that the court system often treats female sex offenders differently than male sex offenders, the punishments of female sex offenders are more lenient than men who commit the same types of crimes, and the differences between male and female victims are all perception and not reality. Objective considerations to additional factors make the perceptions baseless. These additional factors solidify the factual differences between male and female sex offenders. The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats. Generally, the public views women as nurturers, motherly and incapable of …show more content…
More specifically, 50% of males and 83% of females received sentences between 1 and 4 years. In terms of the lengthier sentences, 10 years or more, 27% of males and only 5% of females received such sentences. The remaining 22% of males and 12% of females received sentences between 5 and 9 years (pg. 159-160).
Additional research by Embry & Lyons (2012) supports the differences in sentencing only:
A significant difference in the means for sentence length exists between men and women for the offenses rape, child sexual assault, and forcible sodomy. In each of these offense categories, men are, on average, sentenced to longer, or harsher, prison terms. It is interesting to note here, too, that the offense that had the most even ratio of men to women and the largest number of offenders, sexual assault, showed no significant differences in sentence length between men and women…Rape, as it typically manifests itself in a violent manner, would demonstrate the most egregious break in gender roles. However, the data suggest men receive harsher penalties, evidenced by a higher mean sentence length. In addition,
When the criminal justice system was established, the main objective was to create neutrality and fairness between the sexes. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being look down upon because of their sex. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can be strong and courageous just like men. Society stereotypes women and the criminal justice system is no different.
The number of women incarcerated is growing at a rapid pace. This calls for a reevaluation of our correction institutions to deal with women’s involvement in crime. Increasing numbers of arrests for property crime and public order offenses are outpacing that of men. The “War on Drugs” has a big influence on why our prisons have become overcrowded in the last 25 years. Women are impacted more than ever because they are being convicted equally for drug and other offenses. Female criminal behavior has always been identified as minor compared to Male’s criminal behavior. Over the years women have made up only small part of the offender populations. There is still only a small
Women offenders are different from male offenders in many ways. Whether it be from the way women develop differently in the psychological aspect, or the services that are available specifically for them. Female offenders are more likely to be convicted of a drug or drug related crime, they are more likely to have a past with significant substance abuse, have a childhood or recent adult life that was abusive both physically and sexually, and female offenders are more likely to participate in group therapy because they are trying to gain the connectedness and sense of belong that they crave for in their life. Although there is significant proof showing that female offenders have problems that need treatment while incarcerated before going
There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.
Male and female offenders alike are incarcerated every day for various reasons. Some commit violent crimes while others are arrested for drug use or public-order offenses. The difference between the two are the rates at which they are incarcerated, the length or harshness of their sentences, for the same or similar crimes committed, patterns of drug use, and previous correctional history. While men still lead in violent crime rates, 54.3 percent male verse 36.6 percent female, women are more likely than men to serve sentences due to drug-related offenses and other nonviolent property crimes (American Corrections, 2016).
This is an issue I could prove and disprove. Women commit less crime on the whole. A first time offender, dependent on their crime, should receive a lesser sentence than someone who repeatedly reoffends. The crime in which a woman commits tends to be much less serious or severe as the crimes men commit –this will explain the difference in sentencing. However, as chair of the justice committee I’m completely aware woman are committing more similar crimes to men, now, more so than ever. I do believe if the crime is the same then the punishment should be, however a lot of factors come into play with this issue. The factor of chivalry, the success of the guilty party’s lawyer and the motives behind the crime. These issues all change a person’s punishment –it may be these issues more than gender.
Gender plays a big role in whether or not the juvenile offenders get the treatment they need. Often female offenders are misunderstood or not taken seriously because they are stereotyped as criers, liars, and manipulators. If and when these girls do get treatment for mental health care, often it is not the correct one. In the Gaarder, Rodriguez, and Zats (2004) article
In the multi-faceted dynamics of gender, the declaration of gender neutral is often in fact male oriented and dominated sexism. Gender roles are perhaps reinforced more strongly in law enforcement than any other of our societal systems. Consequently, the hegemonic masculinity (HM) of our patriarchal society has kept men and women in their place (Goodey, 1997), this male dominance that negatively impacts a female’s ability to advance in society appears to play a dual role of discrimination within the criminal justice system. Informal control of keeping women within their gender increases [the perception] of the likelihood of their being law abiding citizens, which may be why we see women being arrested for more incidents of prostitution and
The United States criminal justice system, an outwardly fair organization of integrity and justice, is a perfect example of a seemingly equal situation, which turns out to be anything but for women. The policies imposed in the criminal justice system affect men and women in extremely dissimilar manners. I plan to examine how gender intersects with the understanding of crime and the criminal justice system. Gender plays a significant role in understanding who commits what types of crimes, why they do so, who is most often victimized, and how the criminal justice system responds to these victims and offenders. In order to understand the current state of women and the way in which gender relates to crime and criminal justice, it is first
In viewing the information contained in the aforementioned articles, one can immediately understand the underlying reasons that women are committing more crimes than men. Through the mid-1990s, the arrest rates of both genders has increased steadily, with the male rate far exceeding that of females (Gross, 2009, pp. 84). However, in recent years, a shift has been seen, with the numbers of female offenders rising significantly, especially at the juvenile level, which significantly raises the likelihood of re-offending later in life. As such, an understanding of the differences between the sexes in terms of the reasoning behind their offenses has long been researched.
The reason is that females were considered to be good candidates for rehabilitation. The suggestion is that female offenders were viewed as less dangerous than male offenders. Overtime, gender has led to women being protected and punished. The earlier notion of women-centeredness of women’s prisons no longer exists. There is more emphasis on a criminal being a criminal. At the same time, males still suffer harsher penalties compared to females within the criminal justice system.
Statistics show that the number of female offenders in the legal system has been increasing steadily. The number of female offenders entering the American justice system is growing at a rate faster than males. Statistics from the United States in 2010 show the female offender population to be increasing by 2.7% each year, compared to the male population at a rate of 1.8% each year, with similar statistics being seen in other Western countries (West & Sabol, 2010). The continued increase has made understanding female offenders and their catalysts for committing crime more imperative.
There are several differences between males and females when it deals with delinquency. For instance, females develop distinct differences then males. However, according to Siegal and Walsh when it comes to delinquency, “Today, there are more similarities than differences between male and female offenders, and the gender gap seems to be closing (p. 140).
All feminist theorists share a common focus on gender inequality; however feminism can be described as a set of perspectives rather than a single viewpoint (Strider, N.d.). Therefore, challenging gender biasness in the criminal justice system from the feminist perspective can take many forms given the fact that there a lot of sources of gender inequality in the system. For example, the early theories of criminal behavior largely ignored gender all together and as a result the field has become largely male dominated and males have also been shown to commit more crimes than women on average.
The social process and traditional structure theory explained why female crime rates are rather lower than males. The social process theory tend to explain the traditional crime with regards to differential opportunity to lean criminal techniques and values. The use of the traditional theory shows evidence in which considered the overlap on the causes of crimes committed by both genders. Studies shows that both male and female offenders that came in contact with the criminal justice system often came from a social background that are typically of low socioeconomic status, poorly educated, under or unemployed, and minority groups (Steffensmeir and Allan, 1995). The only difference between male and female offenders is, female