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1 Inequalities in the Processing and Sentencing of Women in the Criminal Justice System Destiny M. Leineweber University of Idaho Criminology 421: Gender and Crime Professor Lacorazza November 29, 2023

2 Inequalities in the Processing and Sentencing of Women in the Criminal Justice System The criminal justice system is a complex organization designed to bring accused criminals to justice by punishing them for their crimes; it is intended to bring order and safety into the community. Throughout the years, despite the awareness brought to the public, biases and inequalities still infiltrate these systems. Women particularly face these injustices and suffer harsh consequences that can affect them throughout their entire lives. Through investigation and many reparations, these problems can be alleviated and provide a better future for women and the criminal justice system as a whole. The gender gap in arrests and convictions is one of the most pressing concerns confronting women in the criminal justice system. Women are frequently underrepresented in the criminal justice system, both as offenders and as victims. Various causes, including societal prejudices and biases, might be blamed for the gender difference. Women, for example, are frequently perceived as less likely to participate in criminal activity, which leads to their offenses being dismissed or punished less seriously (Curry, 2006). This bias can lead to fewer arrests and convictions for women relative to their male colleagues, reinforcing the system's inequity. Furthermore, women who do engage the criminal justice system frequently have different experiences than men. Within correctional facilities, they may encounter special obstacles because of their gender, such as sexual harassment or violence (Curry, 2006). These encounters can further marginalize women and impede their rehabilitation. The presence of prejudices and biases in legal decision-making is another key factor contributing to the inequities faced by women in the criminal justice system. Judges and jurors may have preconceived beliefs about women's behavior, character, and reliability, resulting in

3 biased decisions (U.S. Department of Justice, 2000). These prejudices can influence how women are perceived to be guilty or innocent, as well as how they are sentenced. Women who depart from typical gender roles, for example, may face harsher evaluations as a result of cultural expectations and preconceptions. A woman who asserts herself or demonstrates leadership traits may be seen as aggressive or threatening, resulting in a harsher penalty (Vink et al., 2022). Men who demonstrate comparable conduct may be perceived as confident or authoritative (Vink et al., 2022). Moreover, racial and ethnic prejudices connect with gender prejudices, compounding the disparities experienced by women from marginalized areas. Due to racial prejudices and biases, women of color, for example, may face increased scrutiny and harsher consequences (Greenfeld et al., 1999). The issue of unequal sentencing is a critical component of the disparities that women confront in the criminal justice system. Women are frequently sentenced harsher than men for comparable actions. This gap can be explained by a number of causes, including the chivalry hypothesis and the focused concerns theory. According to the chivalry theory, women are treated more leniently in the criminal justice system because of gender-based protective attitudes (Meaux et al., 2018). Recent study, however, calls this idea into question, pointing out that women may face harsher sentences because of gendered biases and perceptions of threat (Meaux et al., 2018). Women who are deemed a threat to society norms or who have committed violent crimes may face harsher penalties, regardless of if they are truly a threat. According to the focal concerns approach, sentencing judgments are impacted by factors such as the gravity of the conduct, the defendant's prior criminal history, and the likelihood for future criminal behavior (Lynch, 2019). This argument, however, fails to sufficiently explain the

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4 gender inequalities in sentence results. When compared to men with comparable criminal records and traits, women may receive harsher terms for similar offenses. The topic of inequities in the processing and sentencing of women in the criminal justice system struck a chord with me. The discovery of systematic biases and assumptions that perpetuate these inequities was distressing. This topic challenged my assumptions about the criminal justice system's fairness and impartiality. Learning about the gender disparities in arrests and convictions, as well as prejudices and biases in legal decision-making, brought to light the systemic impediments that women confront. It was difficult to learn about the harsher treatment that women experience just because of their gender. The revelation that women are frequently sentenced harsher than men for comparable acts underscored the need for change and gender equality within the criminal justice system. After researching this topic, there seems to be a great need for emphasizing the significance of lobbying for gender equality and criminal justice reform. There is a greater importance of raising awareness, making legislative reforms, and providing training to confront and remove gender prejudices at all levels of the criminal justice system. Additionally, the topic of inequities in the criminal justice system's processing and sentencing of women is very pertinent to the Women and Crime course. We looked at numerous ideas and notions that shed light on these inequities throughout the semester. The chivalry idea, which proposes that women are treated more leniently, was hotly debated. However, the course material also presented alternate perspectives that call this notion into question, emphasizing the possibility of gender biases in sentencing outcomes. Intersectionality theory, which explores overlapping identities and oppressive systems, helped me better appreciate the unique obstacles that women from vulnerable groups experience in the criminal justice system.

5 I developed a more sophisticated grasp of the difficulties of gender inequality in the criminal justice system by studying the course material. The readings and conversations in class provided important insights into the systematic biases, preconceptions, and structural hurdles that contribute to women's inequality. My understanding of the topic is consistent with the course material, and the discussions and theories offered have enriched it. It has emphasized the significance of recognizing intersectionality and addressing many types of prejudice and oppression in understanding women's experiences in the criminal justice system. Overall, inequalities in the processing and sentencing of women in the criminal justice system are an urgent issue that must be addressed. Key themes and issues linked with these inequities include the gender disparity in arrests and convictions, stereotypes and biases in legal decision-making, and unequal sentencing. Reflecting on personal thoughts and feelings while studying the course material has helped me develop a better understanding of the difficulties that women confront in the criminal justice system. To ensure a fair and equitable system for all persons, it is critical to continue investigating these inequalities and advocating for change. We may address the core causes of these discrepancies and move toward a more just and inclusive criminal justice system by connecting theoretical notions to real-world situations. Policy changes, training initiatives, and improved awareness are critical steps in confronting and removing the biases and preconceptions that perpetuate inequities in the criminal justice system for women.

6 References Curry, T. R. (2006). Gender Differences in Criminal Sentencing: Do Effects Vary Across Violent, Property, and Drug Offenses?*. Social Science Quarterly , 87 (2), 318–339. https://doi.org/10.1111/j.1540-6237.2006.00383.x Greenfeld, L., Snell, T., & Statisticians, B. (1999). Women Offenders . https://bjs.ojp.gov/content/pub/pdf/wo.pdf Lynch, M. (2019). Focally Concerned About Focal Concerns: A Conceptual and Methodological Critique of Sentencing Disparities Research. Justice Quarterly , 36 (7), 1148–1175. https://doi.org/10.1080/07418825.2019.1686163 Meaux, L. T., Cox, J., & Kopkin, M. R. (2018). Saving damsels, sentencing deviants and selective chivalry decisions: juror decision-making in an ambiguous assault case. Psychiatry, Psychology and Law , 25 (5), 724–736. https://doi.org/10.1080/13218719.2018.1474817 U.S. Department of Justice. (2000). Research on Women and Girls in the Justice System . National Institute of Justice. https://www.ojp.gov/pdffiles1/nij/180973.pdf Vink, M., Derks, B., Ellemers, N., & van der Lippe, T. (2022). Penalized for Challenging Traditional Gender Roles: Why Heterosexual Relationships in Which Women Wear the Pants May Be More Precarious. Springer Link . https://doi.org/10.1007/s11199-022-01339-5

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