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Gender inequality in law enforcement
Gender inequality and its effect on crime
Gender inequalities in criminal justice
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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.
From the start women who commit violent crimes are all ready in the spot-light. Society has grown quite accustomed to viewing the womens role in violent crimes as that of the victim. When the women is a violator it incites a gross media fascination as a novelty. Convicted women gain more notoriety then men who are found guilty of committing the same crime. In certain cases like Amy Fisher, Loren Bobbit and most recently Louise Woodward the media celebrate the violence of women. If it had been a man who shot his lovers mate in the head or slashed and dismembered their spouse or shook a baby to death things would be different. The media would not give as in depth of coverage to the trial and sentencing would be of a longer time. The media escalates these women to such extremes due to the fact that there are so few women who are tried for criminally violent acts. Society tends to be more sympathetic to women who commit violent crimes than men. To this day Americans are still reluctant to put women to death. The recent execution of Karla Faye Tucker had the country in an uproar. This is because women are seen as less scary and less dangerous then men.
Statistically women commit less crime then men.
Across the country the ratio of male inmates to women is huge. According to “Criminal Justice a brief introduction” by Frank Schmalleger It states that the ratio that for every 15 male inmates there is only one female. But that doesn’t mean that the number of female inmates aren’t rapidly increasing. Even though there are similarities within both men and women’s prisons they are still in ways different.
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.
The conflict between good and evil is one of the most common conventional themes in literature. Coping with evil is a fundamental struggle with which all human beings must contend. Sometimes evil comes from within a character, and sometimes other characters are the source of evil; but evil is always something that the characters struggle to overcome. In two Russian novels, Fyodor Dostoevsky’s Crime and Punishment and Mikhail Bulgakov’s The Master and Margarita, men and women cope with their problems differently. Raskolnikov in Crime and Punishment and the Master in The Master and Margarita can not cope and fall apart, whereas Sonya in Crime and Punishment and Margarita in The Master and Margarita, not only cope but pull the men out of their suffering.
“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.
There are numerous cases of women committing violent and nonviolent sex crimes but rarely do we see them on a late night news broadcast. Is it because it happens less frequently than crimes committed by men? Maybe. Or have we been conditioned to think that women are mothers; sweet, all loving souls that comfort and support the ones they love. How lovely. Women are biologically equipped to be mothers and all sorts of other wonderful things, but because of this generalized view, it seems women are more likely to get away with harming someone and that in no way is acceptable. In the article “Theories of Sexual Deviancy” by Rosenberg and Associates, the author states “for the molester, he may find comfort and acceptance in the children he so desires.” This statement openly distinguishes a sex offender as singu...
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
Sociologists try to explain it, so do criminologists, theologizes, politicians and world historians, but the resulting message is clear, and that message is that females are not alien to committing violent acts. In recent years, women have committed some of the most heinous crimes. Darlie Routier killed her two sons for reasons blamed on personal economics. Diane Downs killed one of her three children (she tried to kill all of them) in order to win back a lover who didn't want kids. Susan Smith drowned her boys in a neighborhood lake because her boyfriend did not want the responsibility of raising some other man's children. Karla Homolka and husband Paul Bernardo sexually assaulted, tortured and killed several young women for thrills.
For many, the term juvenile delinquent likely conjures up images of groups of young men standing on street corners, wearing baggy clothes, and boasting defiant attitudes. However, some may be surprised to learn that the face of the juvenile delinquent is swiftly changing. While boys are responsible for the majority of juvenile crime overall, the number of juvenile females involved with the justice system has been steadily increasing over the past three decades (Gross 84). Of greatest concern is the context of the crimes being committed by juvenile girls, as arrest rates have increased most in the area of violent offenses. In response to this emerging trend, juvenile justice professionals are increasingly advocating for gender specific intervention and rehabilitation models to deter further delinquency involvement. This effort is rooted in investigating the risk factors for criminal behavior among adolescent females, and the compound effect multiple risk factors may illicit.
The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
The stereotype that exists for individuals who commit serial murder is one that mainly includes males of a specific race. However, it is now known that white males are not the only individuals who commit serial murder. Men and women from all racial and ethnic backgrounds and socio-economic statuses have been found to be serial murderers. Although this information has been presented to society, the cultural schema of the white male serial killer is still prevalent. The assumptions that involve serial murderers often include two aspects, the serial murderer is male and the serial murder is a type of “lust murder”, often involving sexual crimes by a sadist (Keeney and Heide, 1995). Keeney and Heide (1994) define serial murder to be the premeditated murder of three or more victims committed over time, in separate incidents, in a civilian context, with the murder being chosen by the offender.
In the news today there is an article about a high-school boy who brought guns to school and shot several students. The parents of the victims are suing various computer game companies saying that the violent games present shooting and killing people as pleasurable and fail to portray realistic consequences. A representative of one of the companies released a statement saying that this is another example of individuals seeking to elude responsibility that has become so common in our society. This case is not about software. What is on trial is the age-old debate between nature and nurture, which also lies at the center of Fyodor Dostoevsky's Crime and Punishment.
From an equal justice perspective, “all people should be treated equally before the law and equality may best be achieved through individual discretion in the justice process” (Siegel and Worrall, 2013, page 20). Through this perspective, all criminals who commit the same crime would be equally subjected to the same form of punishment. Thus extralegal factors, which include the person’s gender, age, race or previous criminal activity, would not be considered by the judge, when they sentence the severity of the punishment. This limits the injustice within the system and any unfair treatment an offender a may receive while in the system. It also sets clear and rigid guidelines for judges to uphold during sentencing.
Delinquency in and of itself has been observed, studied, sifted, put into one form of statistical data or another and published for years. The question of “should girls’ delinquency be studied separately from boys’ delinquency?” can only be answered with an answer of yes. Data from every aspect of delinquency should be studied whether it be age, race, type of crime, along with gender. Without viewing all aspects of delinquency in regards to gender, any conclusions found would be biased, possibly leading to the enforcement of inappropriate laws and or treatments.
Violence against women has been occurring throughout society since the dawn of time. It is hard for the law to stop it going on because the women are either to scared to come forward or the women feel it is their fault so they deserve the beating. This sort of violence is predominately in homes and between families. In many ways it would be quite hard for the legal system to stop it because not a lot of people know that it is going on. However the legal system has done some work to stop violence against women.
Catherine Mackinnon’s radical feminism theory argues that societally is patriarchally dominated by males (MacKinnon 16). The legal system therefore has an inherent male bias. As seen in Susan Glaspell’s short story, “A Jury of Her Peers,” the male-dominated jury would not have acknowledged the psychological trauma of Mrs. Wright’s situation. The facts of the case would have proven her guilt, but the male-dominated legal system would not have accounted for the experiences of Mrs. Wright. As domestic women, Mrs. Hale and Mrs. Peters were able to identity with Mrs. Wright and understand her