Most people have pre-conceived notions that whichever crime a female commits, relative to males, receive a lower sentence because they are female. Some feel as though if youre a criminal, the best thing going for you is your gender. However, what is failed to be realized is that there are factors that play into sentencing, male or female. These factors include the seriousness of the offense, and mainly, the strength of the case itself. These factors ensure uniformity and control in sentencing. Sometimes, guidelines are not followed, but nonetheless, when they are, the Criminal Justice System can work efficiently and fairly.
As stated prior, one of the Criminal Justice Systems main goals is to remain fair and equal; however, there are many misconceptions that gender does play a huge role in sentencing. Do women receive less and more lenient sentencing than men? It is easy to believe so to someone who is not adequately informed on circumstances. One of the most common misconceptions is that women receive sympathy from judges or the jury and as a result to this, receive a lighter sentence. Another is that if the woman is a mother, or has a family to take care of. Unfortunately, it is difficult to really determine if the gender gap in males and females are due to these reasons. When looking at various studies during the 90s, one can see that there was a definite gender gap, and sentencing did, in fact, favor women. A flaw with this data was that most of the research and data done was from the 60s and 70s. This was a time before the Criminal Justice System moved back to using more determinate sentencing approach, which can invalidate any conclusions drawn from the studies (Samaha, 386). Steffensmeier, Kramer, and Streifel conducted a study that analyzed the sentencing in Pennsylvania to determine if the gender gap had an influence on judges decision to incarcerate. The study included information on the severity and prior record of the defendant.