Historically and to this day, gender has had an overreaching influence on the way people are treated within the criminal justice system, from the initial moment of their arrest, to their prosecution, conviction, and sentencing; throughout the term of their incarceration; to their portrayal in the media. Women and men are viewed unequally, and this has tended to have both advantages and disadvantages for both genders. When it comes to gender politics, the outwardly-fair criminal justice system can be seen to be anything but.
In all facets of society, women and girls have historically borne the brunt of the sexist treatment and attitudes due to gender- and sex-based discrimination. Like many social institutions, the criminal justice system is gendered, which means that gender-based discrimination is inherent in its operation. Women and men both suffer within this system, but they suffer in different ways.
According to feminist theory, women have been traditionally relegated to the domestic sphere of society, and this has had an impact on their treatment as criminals and suspected criminals. This submissive version of femininity has influenced penal policy, in that it has promoted a view of women as primarily victims, rather than criminals, even as the crime rates among women and girls has been climbing over the last few decades. Chesney-Lind and Pasko (2013) state that as the number of incarcerated and jailed women has increased each year since the 1980s, negative female stereotypes have held back the development of gender-responsive programs and advocacy efforts for women. Many corrections facilities instead opt for a one-size-fits-all rehabilitation method that does nothing to address the differences in male and female inmates’ needs or unique backgrounds. As a result, recidivism among female convicts has been on the rise along with the female delinquency and crime rate.
Chesney-Lind and Pasko (2013) have also noted that the stereotype of women as weak and helpless has affected the treatment of female convicts. They refer to many studies which have found that, on average, women receive lighter criminal sentences than men do, even for the same crimes. Gender disparities in federal criminal cases usually result in shorter prison terms and more forgiving probationary conditions for women. Because women are seen as the primary caregivers to young children, when young mothers are convicted of non-violent offenses, judges are often reluctant to hand down punitive sentences, as that would mean depriving young children of their mothers. Barak, Leighton, & Flavin (2014) write that, in contrast to the stereotype of women, “to be a man is to be physically dominant, competitive, and powerful in the eyes of others. Real men exert control and never admit weakness.” (p. 114) Thus, judges more often feel justified in handing down harsher sentences to male convicts – men are “tough” and can “handle it.” In this way, sexist and patriarchal attitudes within the penal system can be seen to confer an advantage to women over men.
The way women are perceived in popular culture and the media affects the way they are treated, on both sides of the prison walls. Sometimes, patriarchal attitudes benefit women over men, such as when they receive sentencing for petty crimes. As long as these stereotypes of women persist, women and men will continue to be treated as separate and unequal within the criminal justice system.
References
Barak, G., Leighton, P., & Flavin, J. (2014). Class, race, gender, and crime: The social realities of justice in America. Rowman & Littlefield.
Chesney-Lind, M., & Pasko, L. (2013). The female offender: Girls, women, and crime. Sage.
