cjs 418 gender and media exam 2 chapter 9

gender differences in processing and sentencing

males historically arrested and prosecuted at higher rates. changes in policy have increased chances of female being formally charged (not just given warning)

chilvary hypothesis

women receive preferential treatment by courts and justice system. found to be more common than being treated worse than men in justice system

paternalism

looking after those in trouble like a father looks after this daughter. often viewed in relation to how females are being treated

evil women hypothesis

punished for violating the law and also for breaking the norm of gender roles expectations. harsher punishment

judicial paternalism

judges more lenient in sentencing towards females. protecting young mother (not seperating mothers from children)

focal concerns perspective (in sentencing)

3 criterias (blameworthiness, danger to community, and practical concerns (overcrowding, correctional costs)

single snapshot approach

treatment at different stages of involvement with justice system. chilvary with police (not being arrested) prosecution (lesser charges, dropped) courts (lighter sentencing)

charge- reduction strategies

more likely to be given to women. women less likely to have charges filed against them than men (TEST QUESTION)

gender differences

men more likely to be detained prior to trial. men more likely to get higher bails and more likely to get harsher sentences. women generally treated more leniently during (retrial stage) (TEST QUESTION)

detainment (pretrial)

no bail (or too expensive) issues taking care of children. employment, stress, finacial issues, mental health (stress, depression)

criminal history

plays a big factor. prior convictions typically result in longer sentences for both men and women. men generally get longer sentences for both violent crimes and property crimes.

sentencing guidelines

sentencing reform act (1984) only factors that should be considered in imposing a sentence were offenses committed, presence of aggravating and mitigating factors and criminal history of offender

mitigating factors

lighten punishments. abuse

aggravating factors

worsen punishments. cruelty, callousness of offenders actions

legal factors

have an impact on the decision- making process for both males and females in different ways. varies from jurisdiction to jurisdiction. ranges from criminal history to offense severity. things embedded in law and case. (specific facts of case- minimun sentencing)

extralegal factors

may be thought of as things that should not impact case and outcome. type of attorney (private vs public) quality of defense. impacts pretrial, release, lesser charge, lesser sentencing, chances of conviction. ** gender, social class, age, religion, etc may all play a role in how justice system, prosecution, and courts treat and view someone.

war on drugs

caused increases in both male and female incarceration rates. mandatory sentencing . increased pressure to arrest and convict for drug offense

fair sentencing act (2010)

eliminated minimum sentencing for possession. reduced disparity between powder cocaine and crack cocaine. increased monetary penalties for drug traffickers.

drug convictions

makes up almost ¾ of all females in federal prison. mandatory sentencing took away discretion of judges

war on drugs

took a more punitive and retributive stance by criminal justice system. rehabilitation took (takes) a back seat

drugs and courts

courts overburdened with drug cases. often quickly pass defendants through to keep courts from being too backed up. drugs and prostitution.

public defender

both womena nd men are more likely to be detained, have higher bail, and be pressured to plea bargain. all genders and races more likely receive harsher sentences.

parenting

primary caregivers often get lighter punishments. mother often receive more chivalrous treatment by courts and justice system.

judges

bias in sentencing. discretion allows jusges to make decisions concerning sentencing, punishments, etc. may be influenced by gender, class, ethnicity, values, religion, etc.

just desert theory

people get what they deserve. can result in harsher penalties for offenses. punitive stance. offense against society.

sentencing reform act (1984)

aimed to create more consistent sentencing across federal courts and jurisdictions. structured sentencing guideline system

gender differences

women sentenced to shorter prison terms than men for same crimes. women tend to be older when arrested and sentenced. offending women have more dependent children than men.

extralegal factors

downward departure (lighter sentencing for women) upwards departure (harsher sentencing for men)

united states vs booker (2005)

mandatory federal sentencing violated the 6th amendment. allowed judges more discretion in sentencing. (admitted or proven beyond a reasonable doubt to the jury)

gender differences internationally

simialr gender can be seen across other nations. chivalry, punishment for gender role violations, sentencing.