Gender Blindness in the Criminal Justice System

Paper Summary:

The writer discusses whether or not the Criminal Justice System is gender blind, whether males or females are favored by any inherent gender bias, and what an appropriate level of gender bias is for the justice system. The paper cites particular cases and sources that illustrate both sides of the argument.

From the Paper:

"The blindfold worn by the Lady Justice signifies the impartiality aspired to by the criminal justice system. Ideally, the courts should treat each person before it equally, in a manner blind to any distinguishing features. In reality, our criminal justice system takes into account many distinguishing features of defendants placed within its boundaries. A defendant's age determines whether they will be tried as an adult or juvenile, a determination that brings with it many differences in sentencing options. A defendant's socio-economic status can be seen as determining the quality of legal counsel available, and can also influence sentencing in cases where resources provide better treatment options. While many would like to argue that a person's race does not impact the criminal justice process, studies have confirmed otherwise, finding that the race of the offender and of the victim does play a role in sentencing (Kleck, 1981; Glaeser et al., 2000). Thus, when it is asked whether or not justice is 'gender-blind,' it is not surprising to find out that it is not. Research has consistently found a sex effect operating within the justice system (Daly, 1995). Theorists have offered different explanations for this sex effect, often citing the patriarchal paternalism prevalent in all aspects of modern Western societies (Bernat, 2001; Gilbert, 2001; Daly, 1999). Beyond determining what the sex effects are, and why they may exist, the important question is whether or not justice should be gender blind. The possibility exists that gender disparities in sentencing are simply reflective of actual gender differences within society and therefore, warranted. This paper will provide an overview of the support showing that justice is not gender-blind, the competing explanations for gender biases, and the debate over whether gender bias is warranted as a method of reflecting the actual differences between the genders."

More papers on Gender Blindness in the Criminal Justice System:

• Analytical Essay # 58668 : "Women in the Criminal Justice System"
• Argumentative Essay # 85110 : "Racism in the Criminal Justice System"
• Analytical Essay # 130536 : "Racial Discrimination in the Criminal Justice System"

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