Race-biased justice system? What about gender?

phyllo · September 27, 2017, 3:57pm

What about the gender-bias in the justice system?

Nobody is kneeling down during the anthem to protest gender-bias.

Why isn’t gender-bias a big problem while race-bias is?

If you’re a convicted criminal, the best thing you can have going for you might be your gender.

A new study by Sonja Starr, an assistant law professor at the University of Michigan, found that men are given much higher sentences than women convicted of the same crimes in federal court.

The study found that men receive sentences that are 63 percent higher, on average, than their female counterparts.

Starr also found that females arrested for a crime are also significantly more likely to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted.

Other research has found evidence of the same gender gap, though Starr asserts that the disparity is actually larger than previously suspected because other studies haven’t looked at the role of plea bargains and other pre-sentencing steps in the criminal justice system.

A 2009 study suggested the difference in sentencing might arise because “judges treat women more leniently for practical reasons, such as their greater caretaking responsibility.”

Past studies have also found that minority men are, on average, given longer prison sentences than white men convicted of the same crimes.

huffingtonpost.com/2012/09/1 … 74742.html

tentative · September 27, 2017, 4:23pm

phyllo,

There may be any number of reasons for the leniency of the justice system towards women, but one of the biggest wasn’t mentioned. It’s about MONEY. Male and female prison facilities have to be kept separate. That costs money. More over, females can be costly prisoners if they are pregnant. The increased medical costs can be high. If a prison doesn’t have the right facilities, pregnant prisoners have to be shuttled back and forth between the prison and doctors. the security and safety of this costs money. And what if the female already has children and no family willing to provide child care while mommy is incarcerated? That costs money. The social services department will pressure the courts to put that female on probation rather than a jail cell. Why? To save money. Intended or not, females are generally more expensive in the system than out. Justice has a price and so bias is almost guaranteed.

phyllo · September 27, 2017, 6:01pm

What’s interesting is that there are acceptable biases which are rationalized away. There is trendy bias which must be addressed. There is little interest in getting rid of bias across the board. There is interest in getting greater bias which favors your in-group.

Feminism is very much interested in getting an advantageous bias in place. It’s uninterested in addressing the bias which favors women in the justice system. I have read several proposals which would be even more lenient towards women offenders.

AutSider · September 27, 2017, 6:09pm

You’re late to that party, bro. We all already know that.

phyllo · September 27, 2017, 6:17pm

I would be surprised if it was acknowledged by everyone on this site.

Is_Yde_opN · September 27, 2017, 6:31pm

Biases are not only based on natural, genetic differences between various groups (race, sex) and therefor a reality that exists.
It’s also morally good to recognise that those differences between groups exist because to acknowledge reality is psychologically healthy. Otherwise you become increasingly a confused and irritated nonsense yapper, as can be seen by observing the most hysterical reality deniers.