Gender and Sentencing

Abstract

This chapter reviews research which tries to find out whether there are gender differences in sentencing patterns. Disparity is a 'problem' because one of the central principles of sentencing is equal treatment, the idea that similar cases should receive similar punishment. From a liberal perspective, the problem with disparity is that it is evidence of injustice. The aims of the Federal Sentencing Guidelines which were implements by the United States Sentencing Commission were to remove unwarranted disparities in sentencing by placing substantial restrictions on judicial discretion. More females are sentences for drug offences under the guidelines than for any other offence. More than one third of all women sentenced under the guidelines committed drugs offences. Women offenders who may have a minor role in an offence because of a relationship with a male ringleader are liable under the guidelines for a substantial sentence because all participants in a conspiracy are penalised according to the total quantity of drug involved.