DISCRIMINATORY SENTENCING OF WOMEN OFFENDERS - THE ARGUMENT FOR ERA IN A NUTSHELL (FROM FEMALE OFFENDER BY LAURA CRITES - SEE NCJ - 41826)

• NCJ Number: 41828
• Author(s): C E TEMIN
• Date Published: 1976
• Length: 18 pages
• Corporate Author: D C Heath and Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

HISTORICAL ANALYSIS OF THE FIGHT AGAINST SEX-BASED DISCRIMINATION IN CRIMINAL SENTENCING STATUTES PRESENTS A STRONG EXAMPLE OF THE ABSOLUTE NECESSITY FOR THE EQUAL RIGHTS AMENDMENT.

Abstract

ATTACKS ON STATUTES PRESCRIBING LONGER SENTENCES FOR WOMEN OFFENDERS THAN FOR MALE OFFENDERS CONVICTED OF THE SAME CRIMINAL CONDUCT, SUCH AS PENNSYLVANIA'S MUNCY ACT AND A SIMILAR NEW JERSEY STATUTE, ACHIEVED THE IMMEDIATE GOAL OF OVERTURNING THE STATUTE, BUT FAILED TO ESTABLISH JUDICIAL RECOGNITION THAT CLASSIFICATION BY SEX ALONE VIOLATES THE FOURTEENTH AMENDMENT. SINCE ANY CASE BY CASE ATTACK WILL BE SUBJECT TO THE SAME PITFALLS, ONLY RATIFICATION OF THE EQUAL RIGHTS AMENDMENT CAN ASSURE THAT STATUTORY SCHEMES, SUCH AS DISCRIMINATORY SENTENCING ACTS, WILL CEASE TO EXIST....ELW