Gender Difference In Crime Analysis And Court Outcomes

Gender Difference In Crime Analysis And Court
Outcomes 1
GENDER DIFFERENCE IN CRIME ANALYSIS AND COURT OUTCOME
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Gender Difference In Crime Analysis And Court
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Executive summary.
Gender differences in crime analysis for both female and males are almost self-evident in
present-day criminology. The rate at which men commit offenses is higher than that of women in
all offense types excluding prostitution associated mostly by women. The behavioral concept
suggests that women are less involved in crimes compared to men. Their crimes are less severe,
and most often women act as accomplices other than the chief initiator of the offense. The
structural explanation for the implication of gender in the crime processing states that women
and men are dealt with differently where women are prosecuted and convicted less compared to
men. Judicial paternalism can be denoted as the differential treatment of women concerning the
power relations that looks into women inferiority to men. The concept is mainly focused on the
desire of the judge to protect women in the ruling. Protective paternalism is evident where
women are protected from the stigma of a criminal record as well the reality of prison life. Social
control argument gives an explanation of the gender difference in offending as well as in court
systems in the category of men, women, and juveniles. Feminists explanation of crime analysis
and the presentation of the court outcomes, it is essential for consideration to be made on women
since they are the sole carers of children. Indirect impacts of features that create a justification of
conditions can result in shorter sentences that lead to differences in sentencing consequences for
women and men. With these concepts, it is advisable to consider gender difference in crime
analysis and its presentation to avoid biases.

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Introduction.
Gender differences in crime analysis for both female and males are self-evident in
present-day criminology (Skilbrei 2013). Discrimination has been evident in crime analysis as
well as court sentencing to both men and women offenders. In the aspect of offending, women
have been reported to register a higher number in prostitution and property offenses such as
fraud, embezzlement, and forgery. Research studies have indicated that men are involved in
complex crimes against individuals like assault to a person (Embry and Lyons 2012).
Criminologists have acknowledged that gender difference in crime analysis, as well as
the sentencing, is universal. The rate at which men commit offenses is at a higher rate than that
of women in all offense types excluding prostitution done mostly by women. The gender gap in
criminal offending is greatest concerning severe crimes as well as the minor ones. This paper is
in line with the concept that gender differences should be a critical aspect to consider in crime
analysis and its representation (Doerner and Demuth 2010).
Explanations for the gender difference in crime analysis
There have been two explanations for the gender difference on criminal investigation and
processing. The reasons are behavioral and structural explanations. The behavioral concept
suggests that women are less involved in crimes compared to men. Their crimes are less
dangerous, and most often women act as accomplices other than the chief initiator of the offense.
The structural explanation for the implication of gender in the crime processing states that
women and men are dealt with differently where women are prosecuted and convicted less
compared to men. After the analysis of the crime, women are likely to receive less harsh penalty
than men in the same crime committed by both genders (Harvey 2000).

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There has erupted various theoretical explanation on why women receive less severe
sentences than men on a similar type of crime (Else-Quest, Higgins, Allison and Morton 2012).
Paternalism.
Judicial paternalism can be denoted as the differential treatment of women concerning the
power relations that looks into women inferiority to men. The concept is mainly focused on the
desire of the judge to protect women in the ruling.
Protective paternalism is evident where women are protected from the stigma of a
criminal record as well the reality of prison life. Since women are referred as a weaker sex, there
is a need to take care of them concerning the judgments are given to them on crime they have
committed (White and Mason 2006)
Patronizing paternalism is a concept which views women as less in enduring
punishments, less aggressive and less accountable than male counterparts. The paternalistic
approach is reserved for those females charged with feminine crimes (Howe 2009). Those
women that commit masculine crimes like robbery with violence are denied paternalistic
treatment. These women are sentenced harshly for violation of sex role belief. With the
confidence in our societies of women being the weaker sex, then in the analysis of crime and the
court outcome should be considered on the gender difference despite having involved in a similar
offense with a man. Men are known by their biological makeup to be masculine thus the ability
to endure severe punishments. Sentencers are interested in the protection of women hence
impose lighter penalties (Purvanova and Muros 2010).
Social control explanation.