There are many indicators of the huge impact in disparities in sentencing women as compared to men and more so when it revolves around minorities ( race and class). Though there are lower crime rates among women as compared to men, there are significant disparities which tend to show favouritism to women. Research has shown that men get 63 per cent longer custodial sentences than women. In addition, it is twice more likely to have women get non custodial sentences even after conviction. However, as mentioned the disparities are more profound when issues of race and class are intertwined in the sentencing.
This research proposal is purposed at investigating the disparities and the variables that contribute to the gaps in sentencing men and women
Consequently, there is evidence from studies that draw conclusions that there is gender bias in sentencing for both women and men. On the surface there appears to be a degree of preferential treatment or leniency in the criminal justice system. However, there are other factors that enshroud the whole aspect of biases that include class, race and the offence in question among others. There is need for the justice system to understand female offenders in order to be able to address it effectively and avoid the perpetual claims of bias which only signifies the
In these countries, the topic of gender discrimination derives strongly held opinions that conclude that the justice system cannot contest sentencing disparities derived from race, class and gender backgrounds.
Among the judicial system players, there are several factors that lead to leniency in sentencing women as compared to men. It has been found that in an example of shoplifters, women who engage in shoplifting will highly likely be single mothers who do not have enough money to feed their children and mostly go for food stuffs. On the other hand, men engaging in shoplifting do so to support their drug habits or seemingly expensive lifestyles.
When critically analysed, the system derives its justification from the consistency but not the uniformity in sentencing. Key among them is the circumstances leading the offender in the crime. The magistrate therefore looks at the factors that differentiate men and women before reaching at any sentence. However, it is important to exercise fairness and where the magistrate feels weighed down by the accused person’s (women) primary responsibilities to involve child welfare services before issuing a