Female Juvenile Offenders

To the entire world, boys seem to be the favored gender and the recipient of society’s rewards. Recent studies tend to indicate the opposite in the realm of the law. In fact, there is a clear gender bias in the legal sphere, favoring the female gender in the case of differences in sentence length, representation on death row and preferences in child custody decisions. In the realm of objectivity and neutrality that categorizes the law, society’s view of gender and sex have permeated every aspects of the law rendering it subjective and deeply personal. The following will demonstrate how gender socialization of law enforcement, judges and jurors has impacted legal decisions dating back almost 40 years. Since women are more likely to be viewed

One main objective of these procedures is to provide individuals with equal opportunities for bail, reliable and valid outcomes that overlook social characteristics (Doerner & Demuth, 2014). However, since the 19th century, legal research concludes that women are less likely to be arrested and are often given sentences that are more leniently than male offenders (Doerner & Demuth, 2014). Limited research demonstrates that women receive harsher sentences, however the findings often pertain to female juvenile offenders (Rodriguez, Curry & Lee, 2006). The effects of gender stereotyping do not only influence a criminal once they have enter the legal system but gender has an immediate influence once the child is born in terms of child rearing and socialization (West, Friedman & Kim, 2011). Due to societal perception of gender stereotypes and roles, women and men are treated differently in the legal system, which often begins at the time of arrest. In fact, the prevalence of subjectivity within the law often promotes an individual or societal agenda. Until the 1970’s sentencing laws in the United States allowed judges to sentence women differently than men due to their personal belief’s that women are more adaptable, calm and patient when it comes to rehabilitation (Doerner & Demuth,

Social perceptions envision that women are less dangerous than men, they are less likely to recommit the same crime and are more susceptible to constrain upon their release (Shatz & Shatz, 2012). In addition, gender stereotyping has led to the assumption that the average male is more susceptible to loss of self-control specifically one that includes violence than the average women. In fact, this may due to the criminal’s own socialization since they act differently when they are provoked (Shatz & Shatz, 2012). Through the longitudinal study of federal prison sentences, Doerner & Demuth (2014) demonstrate the injustices that most men face when entering the justice system due to the fact that they have been socialized as the male gender. Comparatively, since women are mostly associated with a maternal image or housewife, those who have children or those who are married receive greater leniency than males (Doemer & Demuth, 2014). The extralegal factor of motherhood has often become a relying factor in trial cases as lawyers often emphasize the women’s familial role as caregivers and the consequences of imprisonment on the women’s family (Rodriguez, Curry & Lee, 2006). When challenged on gender bias, the legal system has drawn on categories of day-to-day responsibilities and the welfare