Women Vs Women

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.

Women offenders are different from male offenders in many ways. Whether it be from the way women develop differently in the psychological aspect, or the services that are available specifically for them. Female offenders are more likely to be convicted of a drug or drug related crime, they are more likely to have a past with significant substance abuse, have a childhood or recent adult life that was abusive both physically and sexually, and female offenders are more likely to participate in group therapy because they are trying to gain the connectedness and sense of belong that they crave for in their life. Although there is significant proof showing that female offenders have problems that need treatment while incarcerated before going

There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.

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).

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.

The crime is not in what they did do, but rather what they failed to do. Although they had no hand in the abuse, these women are being tried and convicted for failing to notify the police of the abuse that was occurring. Over twenty five states have specific failure-to-protect laws and nineteen others have more general laws by which a parent can be tried for negligence of a child. For one to be liable for failure to protect, the defendant must have a legal duty to protect the child, the defendant must have notice of abuse, the child was exposed to the abuse, and the defendant failed to prevent said abuse (United States vs Webb). These laws in their conception were gender neutral however in their application, are far from it. Research has shown that women are tried far more than men for failing to protect their children and in many cases, the women themselves are being abused (Apell 1997). While women are tried more, they solely perpetuate about 38% of the child abuse in the country (NIS 4). Although those that commit child abuse, are criminals, there is a problem in criminalizing parents that along with their children were victims of

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

On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men. 1 in 3 women and 1 in 4 men have been victims of some form of physical violence by an intimate partner within their lifetime. When judges come across domestic violence cases, they are often frowned upon. Because we live in a world there are huge double standards when it comes to domestic violence and our men are on the bad end of the deal. When a man commits domestic violence he is punished very harshly. But when a woman commits domestic violence she gets cheers, chuckles or is all too often ignored.

Laws like the Federal Sentencing Guidelines and the Equal Protection Clause were created to allow equal sentencing and treatment for all, but have proven to allow for women to be given lighter sentences. The Federal Sentencing Guidelines are “designed to encourage the uniform and proportional treatment of defendants based on legally relevant factors” (Doerner, Jill K., and Stephen Demuth). What has evolved to be legally relevant though, does not include gender. The guidelines “allow for some discretion through the use of departures, which enable factors such as family ties and responsibilities to be considered” (Doerner, Jill K., and Stephen Demuth). This further allows extralegal factors to be considered when a judge determines the

Most women are more fragile and have domestic instincts. Our society describes women to be nurturing caregivers and less likely to receive the death penalty. Morin (2011) describes that women have religious beliefs that deter them from committing harsh crime (p.19). Waterbury, Connecticut district claims that seven percent of females are represented on death row. Gender presents a big gap in our correctional system in the preceding of capital punishment. Examples of the various methods that account towards the termination for capital punishment are clarified below.

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

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.

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.

Statistics show that the number of female offenders in the legal system has been increasing steadily. The number of female offenders entering the American justice system is growing at a rate faster than males. Statistics from the United States in 2010 show the female offender population to be increasing by 2.7% each year, compared to the male population at a rate of 1.8% each year, with similar statistics being seen in other Western countries (West & Sabol, 2010). The continued increase has made understanding female offenders and their catalysts for committing crime more imperative.

There are several differences between males and females when it deals with delinquency. For instance, females develop distinct differences then males. However, according to Siegal and Walsh when it comes to delinquency, “Today, there are more similarities than differences between male and female offenders, and the gender gap seems to be closing (p. 140).