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QUESTION
Chapter 9: Discussion
What legal and extralegal factors appear to have an impact on the processing of female offenders? Which factors do you think are fair to be considered and which do you think are more problematic? Why? Please go into as much specific detail as possible.
Remember that your post must be at least 300 words
Subject | Law and governance | Pages | 2 | Style | APA |
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Answer
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The Female Offender
The male gender in general is infamous for engaging in more delinquent activities than their female counterparts. The recent past shows that female delinquency is also on the rise but surprisingly, the number of female convicts and inmates has not risen as compared to the number of the female felons. This raises the question; why has the number of female reported offenders not risen as much as the delinquents? This can be explained by the numerous factors that play a key role in the verdict of the female offender. This paper analyzes these very factors while attempting to explain which are fairly considered and which may be problematic.
Familial paternalism has severally been used as a determining factor for the leniency of the female offenders as can be seen in several court cases held in Florida between 1994-2004; where the decision to convict the non-violent economic offenders to a jail sentence rather than give them community service. The female street offenders were found to receive the most lenient cases, especially when their case was determined by male judges while their male counterparts were punished the hardest. Female delinquents have a higher possibility of getting mental health problems. This means that effective prevention efforts need to be taken in order to tend to their mental health needs before they lead to chronic behavioral problems.
Studies have shown that gender-specific treatment methods can be effective for female offenders. This argument carries even more weight when the rehabilitation targets multiple aspects of the offender’s life including peer environments and family (Elizabeth 2008). Most of the primary reasons behind offenders regardless of their gender are similar. This finding shows that even in smaller cases with smaller offenses, the legal factors are the greatest determinants of the decision-making. The study also shows that there is a higher possibility of the use of social characteristics in these decisions.
In conclusion, the female offenders may vary in behavior, mental stability and even physically. This should mean that even while being lenient to the female gender, the legal system should prepare a treatment that is versatile and should cover all types and should encourage fairness for the same also goes to males and the system should cover them too in their different variations.
References
Adams, K., & Cutshall, C. R. (1987). Refusing to prosecute minor offenses: The relative influence of legal and extralegal factors. Justice Quarterly, 4(4), 595-609.
Cauffman, E. (2008). Understanding the female offender. The future of children, 119-142.
Van Slyke, S. R., & Bales, W. D. (2013). Gender dynamics in the sentencing of white-collar offenders. Criminal Justice Studies, 26(2), 168-196.
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