① Gender On Sentencing

Friday, June 25, 2021 10:14:24 PM

Gender On Sentencing



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Gender Disparity in Sentencing

Women who kill violent partners often end up with harsher sentences than men who have killed their partners without such abuse. Campaign group Justice for Women have examples of such inequality in sentencing on their website. Compare the example of Brian Steadman, jailed for just three years in for killing his wife by hitting her 13 times with a hammer after pleading diminished responsibility because his wife constantly nagged him, with the example of Zoorah Shah who had experienced 20 years of sexual and physical violence from her partner — who then began to abuse her eldest daughter — and was given 20 years for his murder.

There are lots of other examples here which illustrate that women are not allowed to be violent, the reasons for their violence are rarely taken into account and the idea of what is acceptable provocation in the law is gender-biased. The fact these women are black adds another dimension to the reasons for this extremely harsh sentence being served. It appears to be hard for people to accept that a woman could be violent — for any reason — and if she is she will become an horrendous aberration in the eyes of the jury and the media.

It is obvious, then, that the law and the court room are gendered in a way which has serious consequences for women. Of course, women who commit violent crimes must pay, but why should a woman have to spend longer in jail than a man for the same crime or a lesser crime? Why should a woman be found doubly evil? If the law is truly to represent everyone equally then the gendered perceptions surrounding women, men and violent crime need to be addressed. The media, as always, have a role to play here as well as law enforcers, lawyers and the court system itself. Media reporting was what inspired me to write this article as it was so blatantly gendered. Outspoken members of the panel dismissed the abuse: it had happened many years ago, the woman involved had forgiven him, maybe it did not really matter now and we should move on.

It was added though that the law probably should be followed through. Apart from that last small hint that these members of the panel had any sense whatsoever, I failed to comprehend anything else of what they were saying. Does the fact priests abused boys in their care decades ago make the abuse any less vile? Do we stop those cases being prosecuted because the events occurred some time ago? Why should this case be an exception? But why should it be that a great film director finds the law more forgiving? I cannot help but think that gender is at work here. Men, once again, appear to have an excuse: a certain level of violence is seen as acceptable in all men and sometimes it, unfortunately, gets out of control.

I find these ideas ridiculous, and utterly patronising towards men: men are not animals; they can control themselves and take responsibility for their actions! Polanski abused a year-old girl. An adult abused a minor. Polanski deserves punishment. The woman he abused has said that she feels Polanski will not harm anyone else and that she knows he regrets what happened, but that she wants the case properly resolved. This may be a form of forgiveness, but it is not forgetting. The suggestion is that a talented man is needed in society; a useful member of the community who would be wasted if punished and sent to prison.

This appears to be entirely gendered to me: would it be the same reaction if a famous and talented woman abused a year-old? Judges in seven counties are piloting the database, including Cuyahoga, Franklin, and Lake, with judges in an additional six counties, including Hamilton and Summit, signing on for eventual participation. The majority of state judges have yet to sign on. On Tuesday, Ohio Supreme Court Justice Jennifer Brunner, running for the court's chief justice seat next year, said completion of the database would be a top priority if elected. Such a database should include everything from data on similar crimes to information on defendants' race, gender, sexual orientation, gender identity and if known, ethnic background and religion, Brunner said.

A variety of methods should be used to figure out what is happening in courtrooms, Justice Sharon Kennedy, a Republican also running for chief justice, said in a statement. She did not define what she meant by criminal justice partners and didn't respond to a follow-up question about it. O'Connor is also an advocate of the sentencing database. Son of Indian minister arrested in slaying of farmers amid demonstrations. Load Error. Microsoft and partners may be compensated if you purchase something through recommended links in this article. Found the story interesting? Like us on Facebook to see similar stories. I'm already a fan, don't show this again.

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