Gender Disparity In Sentencing

Abstract

Both male and female offenders face unequal justice within the criminal justice system because their gender determines legal outcomes more than do their offense level and criminal records. The discrepancy arises because judges exercise discretion and are influenced by public belief and traditional sex-based stereotypes in sentencing. Studies demonstrate that women typically receive lighter penalties than men when prosecuted for comparable crimes. The judge’s system displays significant differences when dealing with drug related and violent offenses. Therefore, this paper addresses; The root causes of gender disparity, how women’s pathways into the justice system differ from men’s, Potential alternatives and their impacts and Broader implications for justice and fairness. These two competing theories offer different explanations for how gender influences judicial decision-making. The Chivalry hypothesis which grants women lighter punishment because they are first time offender and has committed non-violent crimes. Woman gets longer sentencing because they break traditional feminine conduct. Committing violent crime and domestic violence or child abuse with the Evil Woman Hypothesis. The social circumstances justification for leniency toward women create unfairness in the legal system, which requires policy reforms to establish gender-neutral sentencing procedures