Table of Contents
Women have been seen to commit less crime than men; however, if they are to commit any crimes, they are typically less violent, serious, and not as profitable. Studies have shown that Gender can be a support system for many acts of discrimination in various social mechanisms; promotions, grading at school, and job selection. Many biases have been shown to ultimately negatively affect women; except in the cases of the judicial system.
Men are more likely to be arrested and then sent to court for sentencing, which can be longer and harsher (Goulette, Wooldredge, Frank, & Travis, 2015). The sentencing of male offenders ultimately can characterize the biases against men. Theorists have presented males as more violent and risk-takers over females who are viewed as being gentle and more risk-averse (Bernard, Snipes, Gerould, & Vold, 2016), which can aid in the gender differences amongst types of punishments or treatment within the criminal justice system. Various policies within the Criminal Justice System has also been deemed as biased against women due to them committing less crimes over men.
Summary
One of the common findings between masculinity, femininity, and criminology is that males commit more crimes than females (Bernard, Snipes, Gerould, & Vold, 2016). Feminist theories focused on the critique traditional theories and how they portrayed woman offenders. This includes only explaining the criminal behavior for men over woman, gendered nature of crime, and how woman were treated differently within the criminal justice system compared to men. Many theorists sought out to explain the differences amongst men and woman. Bernard, Snipes, Gerould, & Vold seek out to explain the key findings and arguments presented by others to explain the gender gap amongst men and women (2016).
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Theorists
Feminists Freda Adler, Rita James Simon, and Kate Millett all focused on the gender differences between men and woman. Adler and Simon first argued that woman were entering nontraditional roles and occupations; therefore, their involvement in crime would become increasingly similar to that of men (Bernard, Snipes, Gerould, & Vold, 2016). Adler specifically begins by focusing on the beginning of time with Adam and Eve; Adam was essentially responsible for providing for his family, whereas Eve was responsible for the home (Adler, 1975); Genesis 4:1-16 says, Adam made love to his wife Eve, and she became pregnant and gave birth to Cain. She said, “With the help of the LORD I have brought forth a man. Generally Eve’s role was to reproduce and be submissive towards her husband.
Adler then focuses on acceptable roles of women prior to World War II, which included domestic housewife, community supporter, and/or a welfare recipient (Adler, 1975). The focus then shifts to woman during World War II, which include woman working outside of their home, due to their husbands being deployed. With woman working more, paved a way for woman’s liberation thus allowing for more criminal activity. Kate Millett also put a focus on how patriarchy was maintained through “core gender identities” and sex-role socialization.
Hagan explains that females at a young age are more controlled by their parents over young boss, thus contributing to girls committing less juvenile delinquency and ultimately less crimes when they get older (2016). Other theorists sought out to explain why men have a a higher crime rate over females; this includes higher testosterone levels, biological differences in speed, size, strength, sexuality, spatial and verbal skills, and empathy all contribute to men’s higher crime rates (2016).
Christian Worldview
The role of women can be described as one that should be a wife that must submit to their husbands. This essentially was apart of their creation from Adam and Eve (Deuteronomy 33:7). Geneses 3:16 also says that the woman’s “desire” will be for her husband but he shall rule over her. Throughout the Old Testament, women were very active in the homes and the religious life of Israel; however, they were not leaders. This can also be used to explain the gender gap with crime between males and females.
Sentencing Disparities
A 2015 study found that women were less likely than men to be both detained before trial and less likely to be sentenced to prison, and a 2014 study shows that federal courts are much more lenient on female offenders in general and they are less likely to be incarcerated or receive shorter sentences than men (Goulette, Wooldredge, Frank, & Travis, 2015). Nagel and Pope discovered that woman tend to receive preferential treatment in sentencing over males (Rodriguez, Curry, & Lee, 2006); and although studies have shown that there is an increase in women offenders, it is due to the changes in law enforcement and reporting practices (Denno, 1994).
Due to societies standards, women and girls are expected to follow gender norms; Cesare Lombroso and William Ferrero credited women’s lower crime rate to their “piety, maternity, want of passion, sexual coldness, weakness, and underprivileged intelligence (Denno, 1994).Therefore, most women criminals were deficient in women characteristics and exhibited “strong passions and intensely erotic tendencies,” along with having high intelligence and having physical strength.
Defenses
Four types of defenses within criminal law have been known to be a cause on why females receive less harsher punishments then those of men; including gender-specific, gender-dominant, gender-variant, and gender-cultural (Denno, 1994). With gender-specific, defenses focus on various conditions that apply to one gender, and how one’s gender is a distinguishing characteristic; unlike a female a male would not be able to claim a defense that could be based on premenstrual syndrome and/or postpartum depression.
With gender-dominant and gender-variant, defenses focus on how to apply ones gender for biological reasons, such as although males use can use a defense of high testosterone levels (ex. steroids), women could also use this defense to explain aggressive behavior within women who essentially has changeable levels of testosterone. Lastly, with gender-cultural, a criminal defense can be used to focus on psychological, sociological, and cultural reasons such as a defense team utilizing battered woman syndrome (Denno, 1994).
Although some of these defenses can be used for males, they may be more unsuccessful towards men rather than women thus contributing towards a less harsh penalty for woman. However, when women do commit crimes they could essentially be harmed in the criminal justice system through various policy implications.
Policy Implications
Arguments suggest that both the “three-strikes-you’re-out” legislation and the United States Sentencing Commissions Sentencing Guidelines ultimately hurt women rather than being gender-neutral between men and woman. Bernard, Snipes, Gerould, & Vold discuss that females are essentially far less than females to become chronic offenders, and if they do commit crime then they are far less serious (2016); therefore, according to Denno, this policy should not be used against a gender when their crimes are not as serious (1994).
The United States Sentencing Commissions Sentencing Guidelines essentially ignore evidence that prove females are less likely to commit crimes and/or offending and rather than tend to the family responsibilities. Therefore, these guidelines that were derived towards male, violent, and drug offenders disproportionately harms female offenders that are nonviolent who have parenting responsibilities; these females may partake in drug crimes because of family relationships (Denno, 2016).
