NCJ Number
49162
Date Published
1976
Length
8 pages
Annotation
DISCRIMINATION IN SENTENCING, POOR PRISON CONDITIONS, AND OTHER PROBLEMS FACING FEMALE OFFENDERS ARE DISCUSSED, AND COURT DECISIONS DEALING WITH THE PROBLEMS ARE CITED.
Abstract
DISCRIMINATION IN SENTENCING IS REFLECTED IN THE FACT THAT SOME STATE STATUTES AUTHORIZE INDETERMINATE SENTENCING FOR WOMEN ONLY, THUS SUBJECTING WOMEN TO POTENTIALLY LONGER SENTENCES THAN MEN CONVICTED OF THE SAME CRIMES. MANY FEMALE JUVENILES ARE INCARCERATED FOR ACTS FOR WHICH MALE JUVENILES ARE NOT PUNISHED. IN THE NAME OF PROTECTION, GIRLS OFTEN SERVE LONGER SENTENCES THAN BOYS FOR LESS SERIOUS OFFENSES. BECAUSE WOMEN PRISONERS ARE A MINORITY, THEY OFTEN ARE SUBJECTED TO MORE ONEROUS CONDITIONS IN JAILS AND PRISONS. WOMEN PRISONERS OFTEN ARE NOT GIVEN THE SAME EDUCATIONAL AND VOCATIONAL OPPORTUNITIES AS MEN. WOMEN OFTEN HAVE SPECIAL HEALTH PROBLEMS IN PRISON. FOR EXAMPLE, MANY WOMEN COMING TO PRISON ARE PREGNANT. SOMETIMES PREGNANT PRISONERS ARE PRESSURED TO GET ABORTIONS; SOMETIMES THOSE WHO WANT ABORTIONS ARE UNABLE TO OBTAIN THEM. MOST OF THE WOMEN IN JAIL ARE MOTHERS, BUT MANY JAILS DO NOT PERMIT CHILDREN TO VISIT. THE PROBLEMS OF FEMALE OFFENDER ARE BEGINNING TO BE CONSIDERED BY THE COURTS AND LEGISLATURES. THE PRIMARY VEHICLE FOR MUCH OF THE LITIGATION CONCERNING FEMALE OFFENDERS HAS BEEN THE EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT. SEXUALLY DISPARATE TREATMENT ALSO HAS BEEN CHALLENGED UNDER SUBSTANTIVE AND PROCEDURAL DUE PROCESS THEORIES. THERE IS A POSSIBILITY THAT WOMEN PRISONERS COULD USE THE CIVIL RIGHTS ACT OT VINDICATE THEIR RIGHTS. PERSONS HANDLING LITIGATION FOR WOMEN PRISONERS ARE URGED TO PURSUE DEINSTITUTIONALIZATION, RATHER THAN PARITY WITH MALE PRISONERS, AS A GOAL. NOTES ARE INCLUDED. (LKM)