##vantages Of Weber's Formal Rationalization Applied To Gendered Sentencing

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.

Furthermore, one of the greatest problems for incarcerated women is sexual and physical abuse from correctional officers. Men are responsible for the majority of the abuse

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,

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

This is an issue I could prove and disprove. Women commit less crime on the whole. A first time offender, dependent on their crime, should receive a lesser sentence than someone who repeatedly reoffends. The crime in which a woman commits tends to be much less serious or severe as the crimes men commit –this will explain the difference in sentencing. However, as chair of the justice committee I’m completely aware woman are committing more similar crimes to men, now, more so than ever. I do believe if the crime is the same then the punishment should be, however a lot of factors come into play with this issue. The factor of chivalry, the success of the guilty party’s lawyer and the motives behind the crime. These issues all change a person’s punishment –it may be these issues more than gender.

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

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

As mentioned, the prison system is unjust as to men of black or Latino background, and such for women just as well. “All participants who identified as black, Native American, or Latino had been arrested by a white police officer at least once (Feinstein, 2015, p.3). The fallacy of the idea of criminal justice is to protect all civilians from harm or crime while instilling fairness amongst all individuals apart from incapacitating the guilty to proportionate punishments, and restoring them as proper citizens. Yet, historically the trend of law enforcement is doing what it was actually meant to do, to target the disadvantaged, to subdue and control certain groups of people, minorities. Minorities are not considered to need a Justice system

The reality is that there should be some differential treatment according to gender when it comes to the criminal justice

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.

The criminal justice system is a complex system with many layers and a rich history in the United States. Over the years, we have discovered what works and what does not, even today we are still learning and debating what’s right and what’s wrong with in this system. This article will discuss three components of the criminal justice system policing, courts, corrections and their intersection with race and gender. Topics include the death penalty, sentencing disparities, racial profiling, stop and frisk and parole release to name a few.

When it comes to the criminal justice side of treating women highly unequally to man there are a lot of things play a role when processing a female offender. A judge has to consider and stuff that should and should not matter before sentencing the offender. Some of the factors that should be looked over before just processing the female offenders is what type of crime was committed was it a violence on or just a minor crime, also rather or not the offender

All feminist theorists share a common focus on gender inequality; however feminism can be described as a set of perspectives rather than a single viewpoint (Strider, N.d.). Therefore, challenging gender biasness in the criminal justice system from the feminist perspective can take many forms given the fact that there a lot of sources of gender inequality in the system. For example, the early theories of criminal behavior largely ignored gender all together and as a result the field has become largely male dominated and males have also been shown to commit more crimes than women on average.

When one thinks of the juvenile corrections system, they tend to gender this institution, focusing mainly on young boys. Due to this, one often neglects the thought there are also young girls that are in the system. This may be due to the fact that when compared to young boys within the juvenile corrections system, in previous years the girls consisted of a small portion within in this space. However, according to recent studies, girls in the juvenile system has been rapidly increasing over the last 20 years (Levintova, 2015). This is an issue which needs to be acknowledge due to the fact that young women are caught in this system for starkly contrasting reasons when compared to young males. These reasonings are described in the book Girls in Trouble with the Law by Laurie Schaffner which we will further explore.

Rationalization is the most general element of Weber's theory. As per this theory, Weber saw the modern society as a growing rationalized society. People were moving away from the traditional beliefs which were based on superstitions, custom and religion. More and more people now started engaging in rational and instrumental calculations. This led to the development of science, modern technology and bureaucracy. Bureaucracy was regarded as an example of rationality by Weber. A capitalist society has more bureaucracy which leads to it being more rationalized. This happens because in a capitalist society you need bureaucracy at all levels as you need to make sure you are managing the society well. The more advanced the society becomes, more the laws develop. But at the same time Weber believed that rationalization is an iron cage. The reasons are pretty obvious. A rationalized society has way too many laws. Too much regulation at every level makes the people feel like they've been kept in a