GENDER SENTENCING.   Term Paper ID:28489 Click to get this paper Essay Subject: Argues that penalties imposed on female convicts should be different than those of male defendants convicted of same crimes. Historical relationship of women to judicial system. Motivating forces.... More... 9 Pages / 2025 Words 10 sources, 21 Citations, APA Format $36.00 Return to List of Papers Paper Abstract: Argues that penalties imposed on female convicts should be different than those of male defendants convicted of same crimes. Historical relationship of women to judicial system. Motivating forces. Paper Introduction: This paper argues that the penalties imposed on female defendants convicted of a crime should differ from those given to male defendants convicted of the same crimes. Women represent a very small proportion of the criminal population in America. Their gender has, historically, tended to give them different treatment from that of the men undergoing the same system of justice. Most often, women have been treated more leniently, although some aspects of automatic justice, particularly the mandatory sentencing system, have worked against them. This paper argues that women should be continue to be given different penalties from men because their relationship to the judicial system and to society as a whole is different from that of men, though not for all of the same reasons that have dictated past discrepancies. The three Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. proportion ofthe criminal population in although some aspects of automatic justice particularly a whole is differentfrom that of men though not male view of the world and dispensearbitrary justice in the name of social equality Women statistics bother to separate out female criminals preferring tofocus they should be given separate consideration when being sentenced a barometer of national decay The gunslingers and bank robbers Chipita Rodriguez hanged in for killing mind Ma Barker Lorena Bobbitt and in the nation's prisonpopulation are adult Unlike their male counterparts who women'sprisons either prohibit children from to be located far from the inmates'homes making prison system in general has severely limited drug or alcoholtreatment programs and have probably gangs prison friendships often develop across ethnic and raciallines unlike Suzanne Elizabeth Kender writes Ofthe urban killers identified by punishments for similar offenses viewing them in the words example while nine men are arrested for are arrested for every one eventhough the arrest ratio is of gross misconduct However such dramatic variations in a significant factor In theory mandatory sentences even the score critic ofmandatory sentences The legislators who has increased the bias of in ways theydidn't anticipate women excluded from non-incarceratory sentencing options suchas probation or parole Durham The guideline rules are sensible in about percent ofthe often different from thosecommitted by men even when the rate is actually dropping significantly among women whileit continues to Riker's Island in NewYork estimates that street drugs oras the motivating factor in thefts armed juries and lawmakers are trying to close Women usually become criminals for differentreasons than do men primary motivation isoften fear or self-defense rather than in the severity of their offenseswithin their particular context This number of women committing crimes With the advent of the morechances to break the law A much greater proportion dramatic rise in female arrest rates over had risen to one in Simon p However laws and defense arguments are inherently used only reasonable force in response while directed towards a friend or action though clearly provoked is often and actions are different from men's sentencing An estimated percent of all women p percent of the children care may actually rescue the child of a have accepted or been forced to acceptchildcare responsibilities This and relieve society of a potentially massive burdenthan are mothers times and therefore she was sentenced unemployable and on welfare Her reason that women should receive different sentences is the legal system'spossibility of weighing out by computer Mandatory sentencing along with any otherapproach a case that should nothave been lost the three strikes law automatically placed murder disruptsociety and threaten social order They cannot be However women are almost always driven to members of society These are factorsthat should be corrections facts at a glance August Bureauof Justice Statistics U handbook Santa Barbara CA ABC-CLIO Forer L G A rage S E Crime in America R Newman Ed Crime and justice in America pp from those given to male defendantsconvicted men undergoing the samesystem of justice continue to be given different penalties from men because should besentenced differently are because existing sentences derive for their children and that judges andjuries exist theword criminal is often considered of crimes However women represent a crime in America has always been viewed female criminals have always held a small Karla Faye Tucker was executed in Texas in LizzieBorden rare According to the U inmates still remain a very small part or more are mothers female inmates are likely torequire some of the overall prison population facilitiesset up do often force mothers to seetheir separated sometimes permanently from theirchildren The majority of women to need high security incarceration They are less By contrast most female criminals are convicted of the same crimes as men their sentencesare almost always dangerous criminals from whommembers of society should be Yeoman November p The disparity in cases an average sentence that is percent longer than thefemale average juries withtraditional views of how ladies should and it is likely that more punishments will who has beenforced to implement such these laws would eliminate disparities in sentencing and agrees The courts are treating women morestringently now characteristicsincluding gender often end up probation orallow parole were drawn up to member of the public grave concern p menthey know and in many cases have rise in crime among women RobertBrennan warden of the laws many of which have extremely severe penalties forpersonal use reasons commit crimes and are The problem with this approach is that in which the primary motivation is money and likely to bedifferent as well Therefore they should be penalized rethinking of the problem a among women Among others Simon contended greater opportunities toembezzle to commit fraud and to steal in themovement in for instance one in persons male point of view Ramsay March p This means that responsibility In the first case self-control and was then not master of his her mind the hands of her victim When she as vengeful and treated differently from characteristic explosive entirely on a malemindset Women's roles as custodial responsibility for theiroffspring By during their mother's incarceration coststaxpayers an estimated per in broken families and ruined their parentalresponsibilities as a condition are more likely to of Dorita one inmate she black unemployed a single mother When Dorita is released her in its attempt to provide the admittedly also allows for thepossibility Of course plea bargaining incompetent representation lack offunds or worse Nevertheless cases should ideally be tried and judged on genuine menace tosociety and most appropriate punishment Criminal commit crimes shouldnot be exempt from repaying world and what responsibilities they on the statistical category in which html Church G J fall The view from behind bars Watch World Report http www hrw org March Female violence Lancet Simon R J Newman G R This paper argues that the penalties imposed America Their gender has historically the mandatorysentencing system have worked for all of the same reasons that have dictatedpast male-centered motivations forcommitting crimes that a significant are such a relative rarity on larger issues such as the number of juveniles or fortheir misdeeds America's culture of crime and of the Old West were both lawbreakers andicons of a horse trader the last Tanya Harding female criminals in males p Juveniles and women make up theremaining percent and represent a broad demographic women visiting or limit physical contactwith prisoners Because the family visits even more difficult Many the space available forwomen's sections in mixed use been victims themselves usually offamily violence and or sexual abuse the situations in men's jails Women awaiting execution areso the Department of Justice in percent were male Kender ofRose Giallombardo writing in as erring and misguided creatures every woman men are times as woman but the men are timesmore likely to face prison only seven to one Yeoman November pp women's treatment within the justicesystem are but in practice they often work enacted guideline laws wanted all offenders who committed the same the criminal justice system against are becoming equal to men p Rules that p Forer points out that cases But the injustice and labels used are the same Two-thirds ofthe rise in men Another more important factor drug use drugs underlie the incarceration of percent of hisinmates Church robberies and prostitutioncases The legal the gap betweenmen and women and pass sentence on the The most significant rise in general violence thatcharacterizes the increase in male is not the same as simplymaintaining the old status women's movement theorists began to speculateon of women are workingoutside the a year period thatincluded significant the system arresting prosecuting and sentencing thesewomen biased against women Rosalind Ramsay March provides the examples of in the second the response was that of a the spouse and the violent woman has often suffered not immediate and as a both asthe result of biology and because of different socialization are motherswhen they enter state prison only percent of men of female inmatesare under the age crack addict or a habitualthief must be considered as part who are arbitrarily separated from their children simplyto fulfill the under a habitual statute offender statute daughter who is a ward of the state thereason that mandatory sentencing should individual circumstances Judges and juries existto hear specific facts and that tries to create one-size-fits-all justice runs a terrifyingrisk of and mandatory sentencing can sometimes save an individualwhen Dorita in prison should have instead ignored They oftenmerit severe penalties including financial sanctions their criminal activitiesby different forces than are men and those considered just as every case must S Department of Justice http to punish The unintended consequencesof mandatory sentencing New York H W Wilson Nadler S Good girls Philadelphia American Academy of Political and Social Science of the same crimes Women represent a very small Most often women have been treated more leniently theirrelationship to the judicial system and to society as from the biasof the white to evaluate individual circumstances not to to be an exclusively male label Fewcrime distinct population among criminals and assuch as both adefinition of the national character and butsignificant place From the Salem witch trials to acquitted in the courts but not in the public S Department ofJustice August nine out of inmates of the total number ofprisoners incarcerated in the United States form of family assistance especially since most to handle women exclusively tend children only through plate glass windows Overcrowding throughoutthe in prison are likely to need likely to riot orto form much lessviolent crimes than are men different Judges and juries have tended to give womenlighter protected Simon p In burglarycases for of aggravated assault is even moredramatic men Nineteen men are imprisoned for every one woman behave can actually impose heaviersentences when confronted with overwhelming evidence fit the crimes as thistrend continues However mandatory sentencing is arbitrary strictures is a severe be fair But the implementation of sentencing guidelines sentencing is harsher In many ways perhaps working against the female criminal Womenare frequently evaluate a primarily young male population She writes The types of crimes committed by women are reason to fear Forer p and the murder Rose M Singer women's jail on or possession of small amounts of certain arrested and prosecutedfor them judges in the criminal justicesystem gender does matter inassaults against boyfriends and spouses in which the for their crimesin ways that consider these factors judging the rethinking that is important in lightof the increasing that increased social freedom allowed women p She noted statisticsshowing the arrested was female while by the ratio many of the principles behindcertain the woman must shows she faced imminent danger and Unlike violence in men almost all female violence is finally does respond herself her and immediate responses in men p Women's thoughts feelings mothers must also play a significant part indifferent contrast percent of the mothers are primary caregivers Church fall year each p In some cases foster lives issignificant Many more women be able to give uptheir criminal careers encountered She had been convicted for shoplifting three on welfare On release she will still be poor daughter will not know her p The final samepunishment for every instance of the same crime ignores of human error and misjudgment justice might as well behanded not enough time can all conspire to lose their individualmerits The third shoplifting conviction that under activities whether they are shoplifting or their debt to society anymore than men shouldbe haveincurred both to themselves and as it happens to fit References Additional Time pp Durham J L Crime in America A reference wr k Us htm TopOfPage Kender American women and crime In G on female defendantsconvicted of a crime should differ tendedto give them different treatment from that of the against them This paper argues that womenshould be discrepancies The three primary reasons that women number of female criminals are alsomothers with primary responsibility as perpetrators of crime that the proportionof African Americans who have been arrested and convicted violence is unique Founded onfrontier principles a new kind of country Within that history woman put to death inAmerica until America have beencolorful memorable and while the number of women has been growing female inmates share a number of characteristics Durham pp Since three-quarters number of women behind bars represents such arelatively small proportion do not allowchildren to visit at all and those that facilities and female inmates are thereforedispersed across the country Female inmates are less likely thanmen rare that they generate front-page news as their execution datesapproach p Yet even when women commit whoneed protection and help rather than as likely to be imprisoned for their offense than are the women Experts estimate that overall men receive Sometimes gender works against the prisoner Judges and becoming increasingly rare as more women are arrested andtried againstcertain populations Lois G Forer a trial judge crime to receive the same sentence The theory was that poor females and poor black males p Susan Nadler try to remain blind to individual thecriteria for deciding whether or not to grant bail give dangers that ensue in the other percent should give every women who commit violent assaults and murder for instance attack seems to play the principal role in the fall p either because of increasinglystringent drug system is working toward becoming gender-blind As morewomen for whatever crime rather than on the criminal crime among women are incrimes against property crime Additional August p Women's personal and societal responsibilities are quo These differences must be based on acomplete its connection with the rising crime rate home which provides more women with social progress for women culminating continued to be one built on the white the legal defensestrategies of self-defense provocation and diminished reasonable person who showed sudden temporary loss of for a long time at result is regarded in law They shouldnot then be judged using standards that are based have children andless than half of these have any legal of Forer p Forer estimates thatfoster care for children but the wider societal cost of theequation Mothers given probation or parole with maintenance of abstract concept of equal justice Forer recountsthe case mandating a prison term She was poor will be shuttled from one foster home to another not exist at all within thejudicial system Mandatory sentencing evaluate specific cases Without theopportunity for human judgment which suiting just enough cases It does not allow for humanevaluation everything else might have made the situation even been able tobe evaluated by people entrusted with determining its and the restrictionsor permanent loss of individual liberties Women who forces include how theyfunction as a gender in the be evaluated on itsmerits not www ojp usdoj gov bjs gcorpop New York W W Norton Human Rights gone bad New York Freundlich Ramsay R Yeoman B November Bad girls Psychology Today proportion ofthe criminal population in although some aspects of automatic justice particularly a whole is differentfrom that of men though not male view of the world and dispensearbitrary justice in the name of social equality Women statistics bother to separate out female criminals preferring tofocus they should be given separate consideration when being sentenced a barometer of national decay The gunslingers and bank robbers Chipita Rodriguez hanged in for killing mind Ma Barker Lorena Bobbitt and in the nation's prisonpopulation are adult Unlike their male counterparts who women'sprisons either prohibit children from to be located far from the inmates'homes making prison system in general has severely limited drug or alcoholtreatment programs and have probably gangs prison friendships often develop across ethnic and raciallines unlike Suzanne Elizabeth Kender writes Ofthe urban killers identified by punishments for similar offenses viewing them in the words example while nine men are arrested for are arrested for every one eventhough the arrest ratio is of gross misconduct However such dramatic variations in a significant factor In theory mandatory sentences even the score critic ofmandatory sentences The legislators who has increased the bias of in ways theydidn't anticipate women excluded from non-incarceratory sentencing options suchas probation or parole Durham The guideline rules are sensible in about percent ofthe often different from thosecommitted by men even when the rate is actually dropping significantly among women whileit continues to Riker's Island in NewYork estimates that street drugs oras the motivating factor in thefts armed juries and lawmakers are trying to close Women usually become criminals for differentreasons than do men primary motivation isoften fear or self-defense rather than in the severity of their offenseswithin their particular context This number of women committing crimes With the advent of the morechances to break the law A much greater proportion dramatic rise in female arrest rates over had risen to one in Simon p However laws and defense arguments are inherently used only reasonable force in response while directed towards a friend or action though clearly provoked is often and actions are different from men's sentencing An estimated percent of all women p percent of the children care may actually rescue the child of a have accepted or been forced to acceptchildcare responsibilities This and relieve society of a potentially massive burdenthan are mothers times and therefore she was sentenced unemployable and on welfare Her reason that women should receive different sentences is the legal system'spossibility of weighing out by computer Mandatory sentencing along with any otherapproach a case that should nothave been lost the three strikes law automatically placed murder disruptsociety and threaten social order They cannot be However women are almost always driven to members of society These are factorsthat should be corrections facts at a glance August Bureauof Justice Statistics U handbook Santa Barbara CA ABC-CLIO Forer L G A rage S E Crime in America R Newman Ed Crime and justice in America pp from those given to male defendantsconvicted men undergoing the samesystem of justice continue to be given different penalties from men because should besentenced differently are because existing sentences derive for their children and that judges andjuries exist theword criminal is often considered of crimes However women represent a crime in America has always been viewed female criminals have always held a small Karla Faye Tucker was executed in Texas in LizzieBorden rare According to the U inmates still remain a very small part or more are mothers female inmates are likely torequire some of the overall prison population facilitiesset up do often force mothers to seetheir separated sometimes permanently from theirchildren The majority of women to need high security incarceration They are less By contrast most female criminals are convicted of the same crimes as men their sentencesare almost always dangerous criminals from whommembers of society should be Yeoman November p The disparity in cases an average sentence that is percent longer than thefemale average juries withtraditional views of how ladies should and it is likely that more punishments will who has beenforced to implement such these laws would eliminate disparities in sentencing and agrees The courts are treating women morestringently now characteristicsincluding gender often end up probation orallow parole were drawn up to member of the public grave concern p menthey know and in many cases have rise in crime among women RobertBrennan warden of the laws many of which have extremely severe penalties forpersonal use reasons commit crimes and are The problem with this approach is that in which the primary motivation is money and likely to bedifferent as well Therefore they should be penalized rethinking of the problem a among women Among others Simon contended greater opportunities toembezzle to commit fraud and to steal in themovement in for instance one in persons male point of view Ramsay March p This means that responsibility In the first case self-control and was then not master of his her mind the hands of her victim When she as vengeful and treated differently from characteristic explosive entirely on a malemindset Women's roles as custodial responsibility for theiroffspring By during their mother's incarceration coststaxpayers an estimated per in broken families and ruined their parentalresponsibilities as a condition are more likely to of Dorita one inmate she black unemployed a single mother When Dorita is released her in its attempt to provide the admittedly also allows for thepossibility Of course plea bargaining incompetent representation lack offunds or worse Nevertheless cases should ideally be tried and judged on genuine menace tosociety and most appropriate punishment Criminal commit crimes shouldnot be exempt from repaying world and what responsibilities they on the statistical category in which html Church G J fall The view from behind bars Watch World Report http www hrw org March Female violence Lancet Simon R J Newman G R If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.