Gender Stereotypes In The Criminal Justice System

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Cases that involve filicide tend to grasp the attention of the entire nation. The idea that anyone would want to kill their children not only makes people very upset, but it influences how cases like this are handled in the criminal justice system. Men often times tend to be less vilified that women when it comes to committing crimes. Society expects violence and aggression from men, so when women exhibit these behaviors, people tend to be disgusted by their behavior. In the media and in the courtroom, women are treated more harshly that than their male counterparts because their behavior is unexpected of them. However, it is not just gender expected differences that cause women to be more harshly critiqued when they commit crime. There are …show more content…

A biological basis for gender behaviors make it impossible for anyone to really have choice in their behaviors or how they are perceived. The biological argument does not allow any variation within people and can be used as an excuse for people who behave in extremely gendered ways. For example, if men were seen as naturally more violent because they have more testosterone, then it shifts responsibility from men to keep their aggression in check because it is “natural.” These are the same kinds of arguments that have been used to marginalize other groups in America’s history by claiming that there is something biologically inferior about other races of people. The biological argument, especially in a country like the U.S., helps to maintain gender inequality. Men, who have always been the patriarchs, can retain their power by using the biological perspective as a means to discuss women’s inferiority. The biological argument is still made often even now to explain why a particular sex does …show more content…

Many women find themselves wanted to be good mothers or perfect mothers and find that they cannot live up to those idea of motherhood. The pressure on women to embody gender stereotypes that are based on decades-old research has made many of them feel inadequate and helpless. Parenting is seen as something that should come easily for women and it is not. There should be more psychological assistance available to women that have children. There also needs to be different criteria for how a case is brought up into court. In the Andrea Yates trial for instance, it was difficult to figure out exactly what crime to try her for. As West and Lichtenstein says, Yates claimed that she had post-partum psychosis and that is what drove her to do what she did. However, there is only one test that is used to see if this is indeed the case. There is also not much literature written about post-partum psychosis so using it in a U.S. court of law proves to be problematic. In the United States as opposed to other Western nations, the legal system has treated maternal filicide as murder regardless of whether or not the mother is mentally ill

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