Discrimination Against Females in the Judiciary System

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Date Submitted: 10/29/2011 10:57 AM

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Elizabeth Cady Stanton spoke in her address to the New York State Legislature in 1860 “Undo what man did for us in the dark ages, and strike out all special legislation for us; strike out the words “white male” from all your constitutions, and then, with fair sailing, let us sink or swim, live or die, survive or perish together.” (Feinman, 1994, p.193). Her purpose behind this speech was the address the unequal treatment of women in society. This speech translate to future generations and the problems faced and is a good representation of women not only in society in general but more specifically women’s roles in the criminal justice system. Her declaration that constitutions should not be controlled by white men and that women should be given the opportunity to have equal rights describes problems women face under the law. In the judiciary system, female criminals are increasing in number, they are subject to discriminatory treatment within correctional facilities where there is a prominent male dominance that subjects them to stereotyping.

Female Criminals

Female criminals within the judiciary system are significantly rising, they have unique characteristics and have historically sustained unequal treated as compared to men. Women have for the greater part of history been largely ignored and brutalized. The prison system, which was traditionally designed to only incarcerate men is now becoming responsible for imprisoning females as well. Most of the increase is due to the sentenced population, caused by the growing numbers of women appearing before the courts and the severity in the sentencing that they face (Player, 2007, p.421). Theories about offending and punishment have predominantly been based on males, as well, relatively less attention has been paid towards the role of women in the criminal justice system (Taxman & Cropsey, 2007, p.22). Very little is known about women in the system, and until the late 1970s and early 1980s, few articles explored...