ASSIGNMENT

Trimester 3, 2020/2021

PLE0042 ENGLISH FOR LAW

Topic: To treat women with more leniency than men in criminal sentencing is to
achieve equality.

Lecturer: Madam Sareen Bhar

Group / Section: Group 9 / L3

Name ID No.

Jithendran A/L Segaran 1201100573

Dhanish A/L Vesunathan 1201100010

Muhammad Nur Haziq Bin Saiful Aizar 1201101138

Mahish A/L Ravi 1201100006

Engku Nabil Imran 1201100561

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Table Of Content

OUTLINE 3

ESSAY 8

REFERENCE 20

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OUTLINE

Group 9

Topic: To treat women with more leniency than men in criminal sentencing is to achieve
equality.

Title: Criminal act committed by women deserves leniency or justice? (disagree)

Paragraph 1

Thesis Women are treated with more leniency than men in criminal sentencing and
statement equality is not achieved.

Paragraph 2

The law was made for everyone without a gender barrier.

Topic sentence
1

Equality is for both genders, not biased for women only. This demonstrates
Supporting that there is a systematic, gendered inequality in the justice system for
detail i involvement in exactly the same criminal offense, which goes against the
spirit of everyone being equal before the law.

Women must get the same punishment as for men for their criminal acts.
Supporting Similarly, 41 percent of men received a sentence including a fine, while
detail ii only 16 percent of women did.

Supporting No punishment should be shorter without a proper reason and not because

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detail iii they are women.

Paragraph 3

Topic sentence Men receive 63% longer sentences on average than women do.
2

Supporting Judges treat them differently due to practical considerations such as

detail i maternal responsibility

Supporting When men is released from their sentences there are higher chances that
detail ii they will commit the same crime again compare to women

Supporting For example, a man and a woman commit the same crime but the sentences
detail iii given to the man and the woman are different. The man will receive 20
years of imprisonment but the woman will only receive 10 years of
imprisonment due to the practical considerations and the possibility of the
man committing the same crime when he is released after serving his
imprisonment.

Paragraph 4

Topic sentence Conclusions based on stereotypes such as women are simply less
3 culpable, less dangerous and less threatening.

Supporting May influence harsher punishment towards men

detail i

Supporting Men are more vicious, dangerous and threatening when committing a
detail ii crime

4
Supporting Women are categorized as fickle and innocent, and consequently they are
detail iii not accountable for their criminal behaviour.

Paragraph 5

Giving out more lenient sentences for women may actually lead to a
Topic sentence rise in criminal activity by women
4

They have knowledge that they would be given a lighter sentence for their
Supporting crimes.
detail i

Might be more inclined to a life of crime if the cons don't outweigh pros.
Supporting
detail ii

For example, if a man who is employed by an organised crime enterprise to

Supporting smuggle prohibited drugs or to distribute them is convicted and sentenced
detail iii to a 5 year jail term and if similarly, a woman who did the same only gets
sentenced for a 2 year jail term, then, it is very likely that these drug lords
would be more inclined to hire woman to do these kind of work as they
would need to pay less as the risk undertaken by a female drug trafficker is
lesser.

Paragraph 6

However the role of a mother cannot be denied as primary caregiver in a

Concession 1 particular household.

Courts often use this reason as a mitigating factor when it comes to

Supporting sentencing after a guilty verdict is reached.
detail i

Supporting Putting the woman in prison might actually do more harm to the family as
detail ii children would grow up without proper care and affection and could
possibly turn to a life of crime themselves without proper guidance

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 especially if she is a single-mom. This could start a vicious cycle.

Refutation 1 Though the argument of primary caregiver seems to deliver justice to the
family.

Supporting Men also play a vital role as a caregiver as they act as the head of the
detail i family to provide food, money and shelter to their respective families.

Supporting Even if the family is run by a single-mother, just how it is the states
detail ii responsibility for executing sentences it would also be up to the state to
accommodate for any situation that follows. By this virtue, the state would
care for the family in the absence of the mother and state-run social
workers can assist in guiding the children.

Supporting Ultimately though it may deliver justice to the family, it is a fact that if
detail iii these women were to receive more lenient sentences, ceteris paribus, it will
create a state of inequality.

Paragraph 7

Premenstrual Syndrome Linked to Prison Violence often happens.

Concession 2

Supporting Women in prison, both inmates and guards, tend to menstruate at about the
detail i same time each month, possibly contributing to violence that can be
blamed on premenstrual syndrome.

Supporting During periods, women need a clean place to stay, meanwhile jail is
detail ii unsanitary, so it might affect their health.

Refutation 2 However, because of this leniency women tend to take advantage in the
law system.

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Supporting Women pay less fine and get out easily while men end up in jail for small
detail i time because of the leniency.

Supporting Women tend to make the same mistake for example drugs or prostitution
detail ii because of the lack of jail time and small fines .

Supporting Some women get into new criminal activities because of the leniency and
detail iii the punishment is more the same as before.

Paragraph 8

Conclusion In conclusion, We disagree that treating women with more leniency than
(restate thesis- 1 men in criminal sentencing will bring equality among two genders.
sentence)

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 CRIMINAL ACT COMMITTED BY WOMEN DESERVES LENIENCY OR JUSTICE?

Women are treated with more leniency than men in criminal sentencing and equality is not

achieved. There are profound, enduring and contradictory relationships between gender and

criminality. Gender as an essential aspect in dealing with different types of crime in criminal

justice systems has been acknowledged. Gender is an essential element. Men and women have

long been deemed different in their rates and patterns of crime and experiences of victimisation.

Braithwaite (1989) made it evident that the crime was "disproportionately perpetrated by men."

The method in which law and society respond to various types of crime seems to have an

important impact of this assertion. It has had a tremendous impact on criminal thought and

criminal justice systems that crimes are mainly perpetrated by men. This influence differs across

various societies and between societies, because gender roles and expectations change from time

to time. It argues that gender plays an important role in dealing with different offences in the

criminal justice system. While it may be claimed in general that the legislation does not

distinguish between men and women, it has clearly been demonstrated by studies in criminology

that the social features of criminals, such as race, sex, and class, have affected choices taken at

the CJS.In his study, for example, Morris (1987) thought that women are more categorised and

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are less likely to be arrested, convicted and imprisoned than males inside the CJS. This article

examines the opinions and expectations of societies on gender-based roles and responses to

crimes, especially violent ones. All these problems and concerns are investigated with specific

examples (numbers and instances), without focusing on a single nation or a single form of crime.

Moving on to the next point, there was a study conducted by Professor Sonja Starr from

the University of Michigan Law School that has shown that “men receive 63 percent longer

sentences on average than women do”. The particular reason for the circumstance is that during

the court trials, the Judges tend to treat women differently due to practical considerations such as

women have maternal responsibility as there are mothers who have committed crime in order to

feed the children due to poverty and lack of job opportunities has lead them into conducting

these criminal activities in order to survive the cruel world that all of us has been living in.

Speaking about the cruel world, it has also been stated that when men is released from their

sentences there are higher chances and most likely to that they will commit the same crime again

from the Judges point of view it is a ridiculously bad analogy to begin with as there are literally

countless of men have been going to rehabilitation center and trying to work their way up to live

as a normal human being and trying to forget their past self. One prime example that can be

taken into account between men and women during imprisonment is that when a man and a

woman commit the same crime higher chances that the sentences given to both of these genders

are different. For instance, the man will receive 20 years of imprisonment while the woman will

receive 10 years of imprisonment which is half of the sentences that has been given to man, due

to the practical considerations that has been stated during the court trials and the possibility of

the man who will commit the same crime when he is released from his imprisonment. To sum up

everything in this paragraph so far, the reason practical considerations or maternity responsibility

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should never been raise as a defence during court trial as it brings sympathy towards the guilty

party which may manipulate the court when it comes to making decision. Based on the wise

words of Plato “If women are expected to do the same work as men, we must teach them the

same things”.

According to Cassia Spohn, the foundation professor and director of ASU’s School of

Criminology and Criminal Justice “Even when you have two people similar committing very

similar or even the very same crime, judges may come to a conclusion based on assumptions that

may or may not be true: That women are inherently less culpable, less violent, less threatening,”

as stated above this may influence harsher punishment towards men and the typical headline that

will always make the news is that ‘men are more vicious, dangerous and more threatening when

committing a crime’ while women are categorized as fickle and innocent, and consequently they

are not accountable for their criminal behaviour and criminal records have shown that women’s

does not have the same baggage as men which once again may intervene with the sentencing

decision. Most importantly, when it comes to the sentencing decision the Judge must be

accountable for his own decision and he must not have this sense of biasness or sympathy

towards the guilty party as it may cause dissatisfaction between men and women. In general, if

women are treated with more leniency than men in criminal sentencing then why should men not

be treated the same. If we are talking about maternal responsibilities for women then the word

‘alimony’ should be use during the court trial when it comes to men criminal sentencing. The

law for criminal sentencing should be amended and look into more important aspects on why

these men and women commit crime. The one thing that should be highlighted during the court

trial are medical issues. The court should look into the state of the guilt’s mental health or their

past which they might suffer from PTSD, family issues or intoxication which lead them into

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committing crime. One suggestion that can improve the court decision is by putting a psychiatrist

or a doctor inside the court room to analyse the situation whether they are suffering from these

issues. All in all, this might lead into a better decision making and may bring justice to the

gender equality in this criminal sentencing world. “Equality is not a concept. It’s not something

we should be striving for. It’s a necessity. Equality is like gravity. We need it to stand on this

earth as men and women, and the misogyny that is in every culture is not a true part of the

human condition. It is life out of balance, and that imbalance is sucking something out of the

soul of every man and woman who's confronted with it. We need equality. Kinda now,” Joss

Whedon a famous American movie director.

Women who have been victims of abuse face a variety of challenges and roadblocks

while seeking justice. The presence of this obstacle has been attributed to studies on law and

women's culture and women's questions. In women's access to justice in cases of violence, it is

essential to look beyond legislative interventions and to interplay politics, the economy and the

community. The provision of legal assistance and counsel and the mechanism of award and

compliance as a framework for access to justice for women victims of abuse will not be limited

to the presence of legislation protecting women alone. It would be ineffective in addressing

women subordinated and subjugated identities in law and society. The existence of legal

remedies and mechanisms cannot be used to assess women's access to justice because the

conditions of access are influenced by factors both within and outside the legal system. The

women's access to justice system was created with the aim of attempting a more sensitive

framework on access to justice for women who have been victims of abuse. This system was

born out of a regional consultation in 2007. But Equality is for both genders, not biased for

women only. This demonstrates that there is a systematic, gendered inequality in the justice

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system for involvement in the same criminal offense, which goes against the spirit of everyone

being equal before the law. Effectiveness is based on a competent, unbiased, autonomous, and

gender-sensitive legal system and duty bearers, as well as women's active involvement in the

process. It is concerned with the accurate, prompt, and immediate implementation of the results

of the processes, as well as their delivery to the woman-survivor. It also requires the presence of

urgent security measures as well as monitoring oversight on the part of both state and nonstate

actors in order to further promote and enhance women's access to justice. Its aim is to combat

impunity and achieve the law's goal of deterring and preventing violence against women. Even

though, Women must get the same punishment as for men for their criminal acts. Similarly, 41

percent of men received a sentence including a fine, while only 16 percent of women did. Man

was more likely to receive both fines and probation than women, although both males (25

percent) and females had very little probation (7 percent). Similarly, 41% of men received a

sentence that included a fine, while only 16% of women did. Lastly, no punishment should be

shorter without a proper reason and not because they are women.

Now, departing from a more psychological and emotion-based reasoning, to one that is

more logic driven in the aspect of contributing to a negative externality, giving out more lenient

sentences for women may in fact lead to a rise in criminal activity among women, especially

when it concerns organized crime. In a report that was published in 2001 by the United States

Department of Justice (DOJ) titled ‘The Prediction and Control of Organized Crime: A Risk

Assessment Instrument for Targeting Law Enforcement Efforts’, Jay Albanese from the Virginia

Commonwealth University outlines the ins and outs of the organized crime world and how one

may take advantage of the criminal justice system. In one aspect of the report Jay highlights

about the risk-return assessment of members from the organized crime to determine value or sum

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of monetary compensation that is to be paid to criminals (typically low-ranking members of the

organization) that carry out the ‘dirty-work’ of the crime bosses. The logic of guesstimating the

value to be paid in the event of a member’s conviction or arrest by the authorities would depend

on the risk that is assumed, which in this case means the sentence that is passed for a particular

crime, the heavier the sentence the bigger the compensation or reward that would be paid out to

them. Just like any profit orientated organization, these illicit organization too would want to

minimize risk and maximize on profits, this would mean the higher sentences assumed by men

for their crimes committed would lead to the crime organization to fork out more money. The

unnecessary loss of revenue could simply be avoided or reduced by recruiting more women for

similar roles, this would purely be a calculated strategic move. Since women have prior

knowledge that they would be given a lighter sentence for their crimes they would be more

inclined to participate in a life of crime if the cons do not outweigh the pros. For example, if a

man who is employed by an organized crime enterprise to smuggle prohibited drugs or to

distribute them is convicted and sentenced to a five-year jail term and if similarly, a woman who

did the same only gets sentenced for a two-year jail term, then, it is very likely that these drug

lords would be more inclined to hire a woman to do these kind of work as they would need to

pay less as the risk undertaken by a female drug trafficker is lesser. With that being said, if

women are consistently given lighter sentences for the same crime that is committed by a man,

not only would it have not achieved its goal of creating equality but instead work in the inverse

by exposing them to more danger by inviting crime into their lives, especially for those who are

from the vulnerable communities.

According to Maslow’s hierarchy of needs, the need for emotional stability and wellbeing

by a person is considered as the second most important aspect under one’s base level needs,

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ranking right after physiological needs. Bearing in mind the need for emotional stability

regardless of a person’s age, one can only imagine the importance of that need to a child. In the

event a criminal who has children is sentenced to prison-time, the absence of either parent would

be detrimental to the wellbeing of a child. However, it is never argued as a mitigating factor for a

more lenient sentence for a man, this because the role of a mother cannot be denied as primary

caregiver in a particular household. This is in-line with John Bowlby’s findings in 1944 which

showed that separation of a child from the mother causes lasting emotional damage, which

eventually lead Bowlby to develop the maternal deprivation theory. The recognition of the

importance of a maternal presence for child is one of the main reasons courts often use this

reason as a mitigating factor when it comes to sentencing after a guilty verdict is reached. Putting

the woman in prison might actually do more harm to the family as children would grow up

without proper care and affection and could possibly turn to a life of crime themselves without

proper guidance especially if she is a single parent. This could eventually contribute to the start

of a vicious cycle. Though the argument of primary caregiver seems to deliver justice to the

family, men also play a vital role as a caregiver as they act as the head of the family to provide

food, money and shelter to their respective families, this, of course, would mainly find relevance

to a more traditional household where the father would be the sole breadwinner. However, in the

spirit of the criminal justice system attaining true equality it will be argued that a more lenient

sentence for one gender would prove to be the inverse of what is trying to be achieved. Even if

the family is managed by a single mother, just how it is the state’s responsibility for executing

sentences it would also be up to the state to accommodate for any situation that follows. By this

virtue, the state would care for the family in the absence of the mother and the state-run social

workers can assist in guiding the children in a mental and spiritual capacity. Ultimately, though it

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may deliver justice to the family, it is a fact that if these women were to receive more lenient

sentences, ceteris paribus, it will create a state of inequality.

Moreover, women are the most increasingly imprisoned people, but prisons provide only

cheap pads that do not stick or absorb well in many states. Many women in jail must design out

bedding, clothing, clothes, toilet paper or something else that is their personal make-up tampon.

Some people get sick: Last year a Maryland wife told legislators that after using toilet paper as

tampons in jail she had suffered from blood poisoning — she eventually required emergency

hysterectomy. Other than that, women in prison, both inmates and guards, tend to menstruate at

about the same time each month, possibly contributing to violence that can be blamed on

premenstrual syndrome. One of the key suggestions is to guarantee admittance to clean water

and fundamental offices. This requires that jail specialists guarantee satisfactory water supply for

every detainee; admittance to warm water and cleanser to empower better cleanliness rehearses;

intermittently lead water quality tests to evaluate the base guidelines of water quality, and jail

foundation ought to be to such an extent that it guarantees the security and nobility of bleeding

detainees Towards this, CHRI arranged a banner featuring fundamental feminine cleanliness

rehearses for show in penitentiaries where ladies are kept. The banner has been interpreted in a

few nearby dialects and dispersed to jail offices for show inside penitentiaries. We trust that our

endeavours will bring to the front issues identified with feminine cleanliness in jails past India

too. We anticipate teaming up with associations chipping away at detainment facilities in

different nations to take these drives ahead. One of the key suggestions is to guarantee

admittance to clean water and fundamental offices. This requires that jail specialists guarantee

satisfactory water supply for every detainee; admittance to warm water and cleanser to empower

better cleanliness rehearses; intermittently lead water quality tests to evaluate the base guidelines

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of water quality, and jail foundation ought to be to such an extent that it guarantees the security

and nobility of bleeding detainees. Different suggestions incorporate the arrangement of value

and adequate amount of clean cushions. Similarly significant is the arrangement of safe removal

of utilized cushions. Measures to guarantee the regenerative wellbeing of ladies detainees

including arrangement of customary jail visits by female specialists should likewise be set up.

One may likewise consider the setting up of feminine item undertakings inside penitentiaries,

making a vocation alternative for detainees too. However, because of this leniency women tend

to take advantage in the law system. Women have more independence than in the past and more

possibilities for crime come with this. The police and legal systems are more lenient with women

than with men, despite increasing social equality. Policy to reduce wage inequalities between

qualified and unqualified women employees, such as the promotion of education for women,

which reduce crime among disadvantaged women. Family support policies may also minimise

crime among women by promoting marriage and raising children. Be of this, Women pay less

fine and get out easily while men end up in jail for small time because of the leniency. Lastly,

because of this leniency some women get into new criminal activities because of the leniency

and the punishment is more the same as before.

In conclusion, we disagree that treating women with more leniency than men in criminal

sentencing will bring equality among two genders. Although paper laws deal equally with men

and women, it is not ensured that defendants are handled similarly. The response to various types

of crimes – such as political status, class, race, physical and mental impairment and age – may

have important responsibilities for both societies and for the judicial system. In situations of

women being accused, the police distinguish "good moms" and "bad mums" between two types

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of women. You find it hard when you accuse the former and the latter the other way around. This

may validate the claim that the sentencing effect is not the sex of the criminal but the role of the

female in the family. It has been shown that women frequently receive less harsh sentences in

circumstances when they can be respected by proving no drinking or mental background. The

``Madonna" is more acceptable in court than a 'whore' per the lawyer Kennedy (1995).A woman

with a capacity to exhibit grief and passivity which are accepted feminine features is treated with

greater care than a woman with those attributes. In addition, Morris (1987) pointed out that while

judging against her, the magistrate's court took into account the home conditions of women, such

as child duty. Research and the instances presented have made evident that the sex of victims and

accused women are impacted by both conviction and sentence phases of criminal proceedings.

Female defendants are usually more leniently handled by the courts. There have long been

observations of several tendencies and patterns of female crime, contrasted with male crime. The

crimes committed by women are less serious, seldom professional and less likely than women

and so constitute a tiny part of the jail population. In this way, women perpetrate a low

percentage of total crime.

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REFERENCE

1)Why feminists need to discuss gender disparity in the criminal justice system. (2016, October

17). The Arizona State Press. https://www.statepress.com/article/2016/10/spopinion-

gender-disparity-in-the-criminal-justice-system

2) Study finds large gender disparities in federal criminal cases. (2019). Study Finds Large

Gender Disparities in Federal Criminal Cases.

https://www.law.umich.edu/newsandinfo/features/Pages/starr_gender_disparities.aspx

3) Kelsh, C. (2020, December 5). Are criminal courts more lenient on women? - The Journalist's

Resource. The Journalist’s Resource.

https://journalistsresource.org/criminal-justice/courts-lenient-sentencing-bond-women/

4) Are female felons treated more leniently by the criminal justice system? (2019). Taylor &

Francis. https://www.tandfonline.com/doi/abs/10.1080/07418828600089101?

journalCode=rjqy20

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5) SAGE Journals: Your gateway to world-class research journals. (2019). SAGE Journals.

https://journals.sagepub.com/action/cookieAbsent

6) LawTeacher. (2015). Relations Between Gender and Crime. https://www.lawteacher.net/free-

law-essays/criminology/relations-between-gender-and-crime.php

7) Ronan, A. (2015, June 16). Menstruation Can Become Humiliation in Prisons. The Cut.

https://www.thecut.com/2015/06/menstruation-can-become-humiliation-in-prisons.html

8) Premenstrual Syndrome Linked to Prison Violence. (1989, May 23). AP NEWS.

https://apnews.com/article/2283e1bc9952689b95cebd902707e504

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