NCJ Number
145253
Journal
Criminal Justice Volume: 8 Issue: 3 Dated: (Fall 1993) Pages: 20-25,56-58,60-63
Date Published
1993
Length
13 pages
Annotation
Current sentencing practices are punitive and directed toward men who are assumed to be violent and/or major drug dealers; so-called gender-neutral sentencing envisioned by the Federal Sentencing Guidelines has backfired against women whose criminal behavior and family responsibilities cannot be easily reflected in a male-based sentencing model.
Abstract
The Federal Sentencing Guidelines downplay such factors as community and family ties to avoid penalizing offenders who lack such contacts and who are typically young, poor, minority males. In contrast, female offenders are often mothers who have primary or sole responsibility for the care of their children, a consideration virtually ignored by the current guidelines. Many female offenders are also disadvantaged by statutes imposing mandatory minimum penalties. As more women are being sentenced for Federal crimes, especially drug crimes, more women are being incarcerated. The number of female inmates grew from 5.4 percent of all Federal prisoners in 1981 to 7.6 percent in 1991. Application of the Federal Sentencing Guidelines raises difficult policy issues concerning the effects of gender-neutral sentencing on females. Further, case law is not consistent, and pregnant women and single mothers should be eligible for departures from the guidelines. Other gender issues that should be reflected in the guidelines include the battered women's syndrome, male dominance, and psychological abuse. Plea bargaining and substantial assistance departures may also need to be key factors in female sentencing, as well as the female role and culpability. The creation of gender-sensitive sentencing policies is recommended.