Gender Disparity in Criminal Sentencing: A Study

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Introduction In the society today, there are many indicators on the impact of disparities in women sentencing as compared to men. Though women are not highly associated with crime as compared to men, there are significant disparities that tend to show favoritism towards women. Research indicates that men get 63 % longer custodial sentences than women. This essay portrays the disparities and variables that contribute to the gaps in sentencing both genders which mostly points to the role of women in the society and mainly as primary caregivers to children. There are disagreements on whether women get preferential treatment or are accorded benefits as compared to men. Consequently there is evidence that draw conclusions that there is a bias which …show more content…

Gender effects on sentencing are not direct but move through the use of differences in gender in offending behaviour and through individual histories of women that see a more prominent extent of women preceding the court with a group of the combination of attributes that makes authentic moderating circumstances. These components in turn prompt the inconsistencies that are found in the sentencing outcomes for both genders. These disparities are as a result of gender characteristics and differences associated with feminism and not as a result of being female. There are some justifications based on the role of women as primary caregivers as indicated above. In addition, there are concerns that laws that are meant to protect women turn to oppress them. Child custody and maternity policies are some of the blessings to women offenders because they have to be put in consideration while issuing sentences. The topic of gender discrimination derives strongly held opinions that conclude that the justice system cannot contest sentencing disparities derived from race, class and gender backgrounds (Fender et al., …show more content…

An example is where a man is involved in drug related crimes which are transacted in a home, the woman is less likely to report the man because he is the source of livelihood as well as support for her and her children and in other instances a whole extended family. Reasons for the Disparities The reasons that are identified to be behind the sentencing disparities and gender bias in offender sentencing to be the following: • The crime levels between men and women vary significantly with men having high crime trends as contrasted with women. The seriousness of the violations also shifts with women involved in less serious crimes and men in serious crimes such as murder and violent robbery. • Women involved in crimes such as theft (generally shoplifting) do so out of desperation to feed their children as contrasted with men who thieve to fuel their bad habits such as drugs or just to have an expensive item in order to look better in the general public or among peers. • When sentencing females, magistrates are mindful of their role in the society and family. Custodial sentences are more likely to break the family unit which is a cause other social ills. The sentence given is likewise given to the children as a result of the woman’s role as the primary

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