Essay On Gender Disparities
The United States Criminal Justice System is known globally for its disparities, particularly in race. However, perhaps the largest disparity, however unreported, exists between genders. According to a groundbreaking study conducted by Professor Sonja Starr of the University of Michigan Law School, men are fifteen times more likely than women to be incarcerated. Even after adjusting for differences in criminal behavior or circumstances, this study found that gender gaps “widen at every stage of the justice process and that men and women ultimately receive dramatically different sentences.” The impact of this is the total violation of the Constitution and the goals of the Criminal Justice System itself as well as the incredible social consequences
…show more content…
This study found that the causes of these disparities are just as diverse as they are vast. Multifaceted, these causes include differential treatment in terms of plea bargaining and crime charged with despite identical circumstances. Additionally, even when charged with the same offense men are committed to prison more often and for longer sentences. It also found that men receive sentences that are on 63% longer than women and that men in general are fifteen times as likely to be …show more content…
The act of plea bargaining has come to define the Criminal Justice System in recent years and, according to the New York Times, 97% of federal cases and 94% of state cases end in plea bargains. (http://www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html) However, this program has only given more power to the state or federal prosecutor, sometimes even more power than the judge themselves. In fact, an analysis by the Federal Sentencing Reporter found that 92% of judges said their findings of fact diverge from the plea agreement either “infrequently” or “never.” That is to say, Judges forgo their independent assessment of facts in favor of deferring to the criminal prosecutor who is disproportionately likely to hit male defendants with more severe sentences. Indeed, these prosecutors charge male defendants with crimes of a greater degree of severity than female defendants even when the perpetrator has committed the same type of
This study found that the causes of these disparities are just as diverse as they are vast. Multifaceted, these causes include differential treatment in terms of plea bargaining and crime charged with despite identical circumstances. Additionally, even when charged with the same offense men are committed to prison more often and for longer sentences. It also found that men receive sentences that are on 63% longer than women and that men in general are fifteen times as likely to be …show more content…
The act of plea bargaining has come to define the Criminal Justice System in recent years and, according to the New York Times, 97% of federal cases and 94% of state cases end in plea bargains. (http://www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html) However, this program has only given more power to the state or federal prosecutor, sometimes even more power than the judge themselves. In fact, an analysis by the Federal Sentencing Reporter found that 92% of judges said their findings of fact diverge from the plea agreement either “infrequently” or “never.” That is to say, Judges forgo their independent assessment of facts in favor of deferring to the criminal prosecutor who is disproportionately likely to hit male defendants with more severe sentences. Indeed, these prosecutors charge male defendants with crimes of a greater degree of severity than female defendants even when the perpetrator has committed the same type of