Discuss some of the traditional disparities in how men and women have been sentenced for criminal behavior. Why did these exist? Were they justified? Gender disparity was first identified by researchers in the 1970s. It is still seen in sentencing today. It is said women are less likely to be sentenced to prison and are more likely to receive shorter sentences than men. (Gunnison et al., 2017) Even with race and ethnicity, gender disparity was notably related to the outcomes of sentencing, and it was above and beyond race. The reading states that men had a 71% higher chance than women of receiving an incarceration sentence. Men were also 20% more likely to receive a longer sentence than females. (Gunnison et al., 2017) The biggest reason that this issue exists is because of something called the cavalry thesis. This explains to us that offenders that are women are treated more leniently in the criminal justice system due to the chivalrous attitude held by law enforcement and the court. (Gunnison et al., 2017) These attitudes are because they feel that women are more fragile and that they deserve a chance because of this fragility. Because they are fragile, men feel they need to be protected by males who want to minimize any pain and suffering women might experience. Other factors that judges may consider for women are their prior victimization, level of capability, and even if they’re a mother or not. Speaking on prior victimization, the reading includes a case where a woman receive probation for her role in the attack of another person based on her background. This woman came from poverty and a broken home, and somehow had been able to rise to the elite level of ice skating. Therefore, in her case, her prior victimization may have contributed to a lesser sentence. (Gunnison et al., 2017) With women with children, a judge may consider the negative impact incarceration can have on her kids. An example of this is when James and Cynthia Hood were convicted in 2013 of fraud, but both received different sentences. James received a prison sentence. However, Cynthia received probation and this could be because she stated her children were “very, very dependent on her.” This shows that the judge may consider the impact of incarceration on children. (Gunnison et al., 2017) The reason women get lesser sentences is because they were and are still considered caregivers for children, while men are considered the bread makers. Even though this isn’t the case anymore, people still think like this, and it could be used in court. 2.) Contrast them with the treatment of girls in the juvenile justice system. Contrasted to how women are treated in the criminal justice system, girls were seen as the losers in the criminal justice system reform effort. The reading states that in Chicago, half of the girl delinquents and only a fifth of the boy delinquents were sent to reformatories between 1899 and 1909. Furthermore, in Milwaukee, twice as many girls as boys were committed to training schools. In Memphis, girls were twice as likely as boys to be committed to training schools. Judges were also more likely to institutionalize girls for sexual delinquency or immorality than boys. The reading even states that girls who had sex with more than one person was ultimately sent away, even though 70% of these girls were victims of incest. (Chesney-Lind & Pasko, 2013) Lastly, although only 15% of youth that are incarcerated are girls, they make up a much higher proportion of those arrested for the lowest level offenses. It is said that 34% of youth in placement for status offenses, like truancy and curfew violations, are girls. More than half of youth arrested for running away are girls. In 1990, girls made up 18% of all youth arrests. This percentage grew to 31% in 2019. (Monazzam & Budd, 2023) The difference between the disparities between men and women, and then girls is that girls do not get the privilege that women do when it comes to sentencing. If anything, the disparity that is included, is that girls are more likely to be incarcerated for small offenses than boys are. The disparity that women face is that they are less likely to be incarcerated because they are considered “fragile” and caregivers. 3.) How have the war on drugs, get-tough-on-crime initiatives, equity sentencing guidelines, welfare law changes under the Welfare Reform Act, Family Law, laws regarding prenatal drug use, etc., changed the way women are treated and increased the number of women in the correctional system? The war on drugs caused the number of women with convictions to skyrocket. It is said, over the past two decades, the number of women in prison increased at a rate that was nearly double that of men. The war on drugs also led to women who are dependent on the government to satisfy their basic human needs through different programs not being about to receive any assistance based on prior drug convictions. Women are also affected by certain policies that target members of their families who are involved in the criminal justice system. According to aclu.org, women who live in public housing may be evicted if a member of their household engages in criminal activity. (Lapidus, 2011) The war on drugs has had a major negative affect on women because like the reading states, the war on drugs has become a war on women and has contributed to the explosion in women’s prison populations. (Chesney-Lind & Pasko, 2013) More than one out of four women in the United States prisons were there for drug offenses in 2006. This is contrasted to one out of five men being imprisoned for drug convictions. Even though the intent of get-tough-on-crime initiatives was to rid society of drug dealers and “kingpins”, more than a third, or 35.9% of the women serving time for drug offenses were serving time only for possession. (Chesney-Lind & Pasko, 2013) The war on drugs definitely increased the amount of women incarcerated. Also, the way women are treated by being unable to receive assistance is surprising. Recovery is possible, and they shouldn’t be treated that way because of a disease. Even though women get lesser sentences, they are still more affected by the war on drugs than men are. Thanks for reading! Chesney-Lind, M., & Pasko, L. (2013). The Female Offender: Girls, Women, and Crime. SAGE. Gunnison, E., Bernat, F. P., & Goodstein, L. (2017). Women, Crime, and Justice: Balancing the Scales. John Wiley & Sons. Monazzam, N., & Budd, K. M. (2023, May 17). Incarcerated women and girls. The Sentencing Project. https://www.sentencingproject.org/fact-sheet/incarcerated-women-and-girls/ Lapidus, L. M. (2011, June 8). The War on Drugs = a war on women and families: ACLU. American Civil Liberties Union. https://www.aclu.org/news/smart-justice/war-drugs-war-women-and-families Joe’s Post The historical discrepancies in the punishment of men and women for criminal conduct have often mirrored long-established cultural conventions and gender expectations. Traditionally, there was a perception that men and women had well-defined societal roles whereby women were required to conform to certain moral expectations. Consequently, this impacted legal rulings, resulting in more lenient punishments for women than males for comparable crimes. It was assumed that women were less responsible or threatening, and their criminal behavior was often ascribed to external factors or manipulation. These inequalities were not always warranted since they perpetuated gender stereotypes and disregarded the intricacies of individual situations. Instead, they mirrored cultural prejudices that assumed women had a lower capacity for criminal intention or presented a lesser level of danger. These prejudices have contributed to the continuation of inequity within the legal system. By comparing this to the way females are treated in the juvenile court system, a similar trend became evident. Girls were often subjected to more lenient treatment based on the presumption that their acts were affected by external influences or that they might be more readily rehabilitated. Nevertheless, this methodology failed to consider the distinctive obstacles and encounters females face, which might result in inadequate treatments (Thomas & Hart, 2022). The treatment of women in the criminal justice system has been dramatically affected by the war on drugs, get-tough-on-crime efforts, and changes in numerous legislation. These efforts often led to more severe punishments for drug-related crimes, which in turn contributed to an increase in the number of women being imprisoned. The equity sentencing standards were implemented to mitigate sentence inequities rooted in gender, although their effectiveness has been constrained. The Welfare Reform Act brought about modifications to welfare laws, which had the effect of exacerbating financial difficulties for women who are at risk, perhaps compelling them to engage in criminal behavior (McGann et al., 2020). The problem was worsened by the criminalization of specific actions associated with motherhood via family law and regulations concerning prenatal drug use. In conclusion, historical discrepancies in punishment based on gender were unwarranted and stemmed from cultural prejudices. The implementation of new laws, motivated by efforts to combat drug abuse and adopt stricter measures against criminal activities, has had a disproportionate impact on women, resulting in a rise in the number of women inside the penitentiary system. Efforts to tackle these difficulties should prioritize the eradication of gender-based prejudices, the advancement of fairness, and the acknowledgement of the distinct obstacles encountered by women in the criminal justice system. References McGann, M., Murphy, M. P., & Whelan, N. (2020). Workfare redux? Pandemic unemployment, labour activation and the lessons of post-crisis welfare reform in Ireland. International Journal of Sociology and Social Policy, 40(9/10), 963–978. https://doi.org/10.1108/ijssp-07-2020-0343 Thomas, P. A., & Hart, K. J. (2022). Third-party perceptions of intimate partner violence victimization in men. Psychology of Men & Masculinities, 24(1). https://doi.org/10.1037/men0000406
