In my essay I am going to discuss whether female defendants are treated more leniently in the criminal justice system. To help us understand female offenders better, we need to understand the role the background of the offender plays when deciding sentences for female defendants.
The criminal justice system is made up of many agencies, these agencies are, the police, crown prosecution service, criminal defence service, courts, probation and the prison service.
Women tend to commit different crimes than men do, the crimes women that are most linked to are theft, fraud, production, supply and possession with intent. Men often commit violent crimes, robbery, burglary and sexual offences. In 2014/15 there were 534 homicides recorded in the United
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They spoke to 200 magistrates across England and Wales. They found out that women are more likely to get a community sentence rather than a fine because judges who hand down the sentence are reluctant to give a fine because they feel they are penalising her children and not just the defendant. Men and women were also equally likely to go to prison for a first violent offence, women as first time offenders are less likely to get a custodial sentence in comparison to men. They also found out that women who were convicted of drug offences were more likely to be discharged and men were more likely to be fined. This backs up the notion that judges who impose the sentences are reluctant to impose one particular sentence to …show more content…
young women, single women, women who commit violent crimes and women who commit crimes against children. Examples of women treated harshly are Rose, West and Myra Hindley, these women all committed crimes that involved a deviation from the loving, caring, motherly stereotype that is often applied to women. Rose West and Myra Hindley also committed crimes against children. Women are often of trial for their legal infractions and for their deviance to appropriate gender roles. This concept is known as double deviance. Farrington and Morris (1983) said that women are not treated more leniently and Box (1981) said that if it is the case that women are treated more leniently it’s because their crimes are less serious in nature and women are more likely to show
Women are twice as likely as men to avoid incarceration if convicted of a crime. Whether or not this is fair, though, is highly debated. Some politicians argue that women’s prisons be abolished all together, while Men’s Rights Activists push for equal sentencing for comparable crimes. It has been proven that judges tend to give women less time in prison, or no incarceration at all, and the reasons for this support the imbalance in sentencing. Though many view women’s tendency to receive lighter punishments as unfair, it is justified that women receive this treatment because of legal rules that surround the subject, the statistics that show women commit less serious and violent crimes, and how women being incarcerated impacts those around them.
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
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).
According to Lilly, Cullen, and Ball (232) Feminist theory has been on the back burner of modern criminology until the late 19th century. As with the other criminology theories there are many thoughts and ideas on why females commit crimes. In the beginning the theories seem to revolve around the victimization of the female gender. Then criminologist took a look at female delinquency, prostitution, and gender inequality in the criminal justice system. Lilly (233) wrote that Lombroso used physiological traits to determine what type of women would commit crime. Lombroso also argued that the women that committed the most crime were more masculine then the women who did not commit crime. He used physiological immobility, and passivity to make the argument. Lilly (235) also wrote that Sigmund Freud believed the reason women committed crime was because they has “penis envy”. Since women were physical different than men, women would become more aggressive trying to act like the male counterpart in order to fit in with the status quo.
With regards to female sentences, it can be seen on the one hand that the criminal justice system deals with female crimes more leniently than with male criminality, as referred to as the chivalry theory (Pollok, 1983). As many female offences are usually petty wrongdoings, such as shoplifting which makes up for nearly a half of all indictable convictions (Ministry of Justice, 2014), due to their gender, it is most likely that females are to be cautioned over receiving a prison sentence. However, this was not the case for Maxine Carr in 2003. A whirlwind of media interest surrounding Carr’s involvement, with the murders of two young girls from Soham, is argued to be the definitive reason as to why Carr received a prison sentence of three years, all for perverting the course of justice.
Do you believe within the criminal justice system a person’s gender plays a role in the severity of their punishment? Please explain your answer.
There have been many changes in the treatment of offenders by the Criminal Justice System in England and Wales, particularly the treatment of female offenders. The handling of women within the criminal justice system has been closely tied to their social characteristics, and to what might be described as their ‘social construction’. On the other hand, women who compromise more than half of the world’s population, account for only 15% of criminal activity and as a consequence, relatively little attention has been given to them. This essay will explore how this has changed from a historical point of view to modern times, with exploration from cross-culture comparisons and an overview of the treatments of females in prisons.
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
Most of the time, men try to justify female offenders just because they are women. One thing that should never be assumed is that everyone behaves like they do because of outside influences. Sometimes people are perfectly healthy (mentally, emotionally, and physically), but they simply make bad choices. In the end, chivalry is used to ‘protect’ those women; in other words, chivalry tends to be used to justify their actions by presenting them as victims. In most occasions, women use this stereotyping to their advantage because they know that if they do their sentencing will more likely be reduced.
Criminality is still assumed to be a masculine characteristic and women lawbreakers are therefore observed to be either ‘not women’ or ‘not criminals’ (Worrall 1990, p. 31). Female offenders are hallmarked for tireless and inescapable coverage if they fit into the rewarding newsworthy categories of violent or sexual. It is always important to note the reason for overrepresentation of women criminals in the media. “Women who commit serious offences are judged to have transgressed two sets of laws: criminal laws and the laws of nature” (Jewkes 2011, p. 125). Such women are hence “doubly deviant and doubly damned” (Lloyd, 1995). When women commit very serious crimes, such as murder, they attract
There are many factors that inhibit women to commit violent crimes. Most women suffer from substance abuse, spouse abuse and mental issues. The most common risk is being previously being abused earlier in life. A survey conducted in 2002 reported that thirty six percent of all female
Despite the general consensus that the number of females involved in crime is continuing to rise, males are still the dominant gender committing crimes, especially for violent offences. This may be why there is a continued lack of research on female offenders using a gender specific approach that accounts for gender differences. Historically, female offenders have been primarily studied using a gender-neutral model comprising mainly male offenders. Although there is support that a gender-neutral model can effectively apply to both male and female offenders (van der Knaap et al. 2012), there has been an ongoing debate on whether the pathways and processes that lead to female offending can be successfully explained and ultimately applied to interventions and preventions by using theories originally created to explain male crime (Steffensmeier & Allan, 1996).
Since 1970, there has been an increasing and alarming rise 138 percent of violent crimes committed by women. Still, while the equivalent percentage compared to male violence is small 15 percent to 85 percent the fact that the numbers have elevated so drastically points to something changing in society.
Even though it is generally believed that men commit more crimes than women, there are some instances in which women commit a greater percentage of the crimes. One example would be shoplifting, in which some estimates are as high as 80% of all shoplifters being women, and although men
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.