Discuss The Role Of Gender Bias In The Criminal Justice System

It has been insinuated that, despite advances within the Criminal Justice System (CJS), gender bias still exists. This podcast will attempt to formulate an argument to support the statement - ‘although less common, gender bias still exists in the Criminal Justice System’.
Heidensohn (1985) implies the typical female offender is deemed to be young, with the first offence usually being shoplifting. Therefore, suggesting that females commit fewer crimes than males and are less likely to reoffend. This is supported by Parson 1937’s sex role theory, as this ideology indicates the importance of the socialisation process and differential attitudes between males and females. Therefore males are socialised to be masculine, whereas in contrast females
If two people commit the same offence, they are equally liable for punishment. It has been argued that women are treated differently to men. Farrington and Morris (1983) imply female offenders are dealt with more leniently than male offenders, which was disclosed in Chivalry thesis by Pollak (1950)(Cavadino.M&Dignan.J2007). It has been recognised there are different factors that are associated with female offenders dating to Lombroso who states female offending is impulsive or irrational behaviour due to hormonal changes and cannot be held responsible for their actions.(Joyce.P.2006) One defence for child murder amongst female offending is postnatal depression which is presumed to only affects women. Therefore suggesting males cannot be affected by postnatal depression. Despite this, the NCT charity argues that men are also affected by postnatal depression but this has no relevance with the CJS. Although the chivalry theory is outdated it is evident in the case of Felicia Boots (2012) in comparison to the case of Gavin Hall (2006) who received a life sentence for the same offence. Both of which resulted in the death of a child. To support this, the chivalry theory can also apply to male offenders by a female judge displayed in the David Armstrong case in 2011 compared to the case of Vanessa George in 2009. It is obvious chivalry is shown to some offenders. However, it is shown towards male and female
Despite this, it is suggested that female prisoners are treated differently. The system is based on a male dominated model which treats female offenders like men as argued by Carlen (1983). Within the prison system 49% of females have a mental illness and attempted suicide stands at 46% in comparison to men which is relatively low. It could be argued that female’s needs are not being met in the prison system due to the difference in treatment. Additionally Hamlyn and Lewis 2000 suggest the views of the female role have not changed and prison installs training towards traditional female jobs, which Gender and Player states is a form of psychological rehabilitation. In spite of this, the current rehabilitations programmes are available to both female and male offenders. There is no basis to suggest gender bias within the prison system. However, Lord Woolf suggests courts avoid giving females with families custodial sentences with the ideology to improve community based supervision for female offenders which is a bias statement. Men are often the sole carer for children and there are no provisions to support male single parents within the