NCJ Number
122196
Date Published
1989
Length
20 pages
Annotation
When imposing fines on convicted women, British sentencers use a logic that subverts their rhetoric regarding just deserts and the desirability of sentencing that matches the offense.
Abstract
Analysis of statistical evidence on the sentencing of males and females shows important sexual differences both in the kinds of offenses that typically result in fines and in the overall balance between fines and other dispositions. For example, offenses in which females receive significantly fewer sentences of fines than do males include criminal damage, disorderly conduct, fraud, forgery, and most personal violence. However, females receive significantly more sentences of fines than do males in traffic cases. Statements from criminal justice officials indicate that the distribution of fines for female offenders is influenced by four interrelated factors: a reluctance to fine women, a readiness to use light sentences, a relative preference for probation, and a reluctance to impose major penalties. To address the gender disparities, sentencers should examine their own attitudes, and courts should establish explicit precedent against sexual disparity in sentencing. Additional recommendations and 5 reference notes.