The Federal Sentencing Guidelines And The Equal Protection Clause

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 has increased significantly, increasing at a rate double to the rate of male incarceration since 1980 (Covington & Bloom, 2006). Braithwaite, Treadwell and Arriola note that incarcerated women have historically been a forgotten population, and despite the rapid growth of the population, their needs have continued to be ignored (2005). In addition to the stigma that comes with being or having been incarcerated,

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

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).

Women have been fighting for equal rights for decades. And, as of a result of this, have gained many equal rights. But are those rights just supposed to disappear when a woman gets incarcerated, and at what price does it cost that woman, to get her rights back, or does she ever get them back? The United States has the highest incarceration rate in the world, and with each year the percentage of women that make up that rate, are growing. According to Statistics on Women Offenders- 2015. (1997), “Since 2010, the female jail population has been the fastest growing correctional population, increasing by an average annual rate of 3.4 percent”. It also states that, in 2013, women made up 17% of the jail population, and 25% of probation population in the U.S. Not only have these numbers been steadily rising, but of those incarcerated, approximately 77% are likely to reoffend (p.1). This has risen quite a concern in society today. Why is there such a high chance that incarcerated women will likely reoffend? At a micro level, is it the fault of the woman? Or, a larger issue at the macro level, with society, laws, policies, and loss of the most basic rights that every citizen should be entitled to? According to Pinto, Rahman, & Williams. (2014), incarcerated women need help meeting individual needs when they are released, such as, reducing drug or alcohol use, finding a job, health issues, as well as help in dealing with the impact of

What reasons are there for inequalities in sentencing and arguments could be brought forward to justify the inequalities?

The system unable to adapt for such a small number in comparison to men, incarcerated women are expected to fit into an institution developed by men for men, resulting in worse conditions, less familial contact due to fewer facilities, and more rules as if the women were children, all direct reflections institutionalized sexism and HM both in and out of the corrections arena. Additionally, due to the Madonna-like factor, women who are convicted have a farther fall from grace within society and do not have the luxury of the “good old boy” connections for defense and protection. While gender roles and expectations are assigned by society, believing women should be equal to men demands the acknowledgement that women can offend like men (Pearson, 1998) and therefore should be incarcerated not ‘like men’ but in an equalized manner. Perhaps, rather than revamping institutions developed to house and rehabilitate women, we first investigate the standards currently in play for the policing, convicting and sentencing of men as the foundation of creating a nonsexist criminal justice

What does constitute as fairness in the criminal justice system? Is it having a man put behind bars for more than 20 years for transporting a small amount of drugs, while a man can murder someone in the second degree and be sentenced to a minimum of 10 years? Is it right to take a parent away from their children for upwards of 20 years? The United States government thinks this is fair and allows for less discrimination in the justice system, this law is called the Mandatory Minimum Sentencing law which has been around since the late 18th century. The Mandatory Minimum is for several types of crimes ranging from drug possession, possession of illegal firearms, and sex crimes against children. But this law was initially designed to have a

Current mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safety valves and implementation of the Fair Sentencing Act are a few methods Congress employed to combat racial disparity in prisons. Mandatory minimum sentencing harshly punishes non-violent offenders, disproportionately affects minorities, and skews the balance of power between judges and prosecutors.

Similar to the Sentencing Reform Act, the purpose of the United States Sentencing Commission is to prevent inequity of sentencing among federal judges. It’s role is to serve as a strict guideline for Judges to adhere and limits the discretion at which a Judge may alter the length of sentence. The goal of this commission is to hamper factors such as race, sex, socioeconomic status, etc to affect the length of sentence, and aims for the guideline to stand on a neutral ground.

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

O’Brien is an associate Professor and writer at the Jane Addams College of Social Work at the University of Illinois in Chicago. She argues that the U.S should not incarcerate women anymore and close all women’s prisons. She claims that there are far more men in prisons than women. Only seven percent of the prison population are women. O’Brien questions if

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.

Meanwhile, “the number of incarcerated adult women has jumped by a shocking 757% since 1977, at nearly twice the rate of male prisoners” (Harrison & Beck, 2006). “The number of women in prisons and jails has reached a milestone,” explains Kara Gotsch, director of advocacy for the Sentencing project in Washington, DC. One of the main reasons why women are being locked up at an alarming rate is a result of a policy of mass incarceration. “Mass incarceration is a rate of incarceration so high that it affects not only the individual offender, but also whole social groups.” (American Academy of Arts & Sciences, 2011) Pursuing further, another main reason of the increase of incarceration of women are the sentencing policies brought about by the “war on drugs.”