Gender judgments: an investigation of gender differentiation in sentencing and remand in New Zealand

In 1950, Otto Pollak claimed in his book the criminality of women, that female offenders were preferentially treated in a criminal justice system dominated by men and thus characterised by male notions of chivalry. Pollak presumed that offending women were placed on pedestals, treated gallantly and protected from punishment, with the result that their criminal activity was less likely to be detected, reported, prosecuted, or sentenced harshly. Since Pollak, the question of gender difference in judicial processing has undergone extensive international scrutiny. After more than five decades of research, discussion and debate, what can we now say about Pollak’s claim. Do women, in comparison to men, receive different judicial outcomes and, if so, is this ‘fair’, ‘just’ or ‘legitimate’? To answer these questions, this paper begins by briefly summarising both international and national research that has considered the issue of gender difference in criminal court outcomes, particularly sentencing and remand. The ramifications of these research findings are then considered with reference to ongoing feminist debates surrounding issues of gender equality, equity and difference.

MSt. Criminology, 2023

Is it useful to focus on gender in understanding and improving criminal justice responses to violence? Why, or why not? This essay employs gender as a socially constructed category which generally corresponds to the related but separate biological categories of ‘male’ and ‘female’, which are to some extent, dimorphic. The separate sociological and biological facets of these categories, of course, exist in complex dialogue (Butler, 1990). Given the scale of this question and the myriad avenues of interrogation, this essay will pursue a focus on disparate and gendered experiences apropos offending patterns, sentencing, and the reception and exertion of violence. Traditionally masculinist gender archetypes will be assessed for their promotion of certain forms of emotional or physical violence (including against women) as laudable or ‘to be expected’, through both a discursive unpicking of masculinity and an assessment of endocrinological accounts. This essay will also observe gender in a more abstract manner by taking the intervention of transgender and non-binary experiences as a foil to a static employment of ‘gender’. Similarly, we will test whether viewing individuals as those harbouring vulnerabilities (Gelsthorpe, 2022) and needs that render one more or less likely to commit – and be the victim of – certain types of crime, can enable us to tread beyond the boundaries of ‘gendered’ analysis. Such approaches may enable us to see men and women as less dimorphic creatures, instead as fluid and dynamic objects of study “…exposed to others, vulnerable by definition…” (Butler, 2009: 33). This essay ultimately contends that considering gender is pivotal to understanding and improving CJS responses to violence but cautions against viewing it in a silo or as a static category. While suggestions for theoretical and practical ‘improvements’ will be mounted in each section of this essay in a cumulative fashion, the analysis will conclude by looking specifically at the interventions of Problem-Solving Courts as an example of a gender-informed response to violence that might elevate us past the conversation of ‘what works for women’ into the realm of ‘what works for everyone?’.

The Government has recently recognised there are six strands to equality which consists of: Race; Age; Disability; Religion; Sexual Orientation and Gender. However, despite the many improvements in the Criminal Justice System (CJS) that adhere to prevent inequality, it has been insinuated that discrimination still exists. This research paper will give a critical analysis on a range of issues and policies that produce discrimination within the Criminal Justice System.

Journal of Criminal Law and Criminology, 1994

Internationally, the matter of gender difference in criminal court decision making is a contentious one, but in New Zealand little substantive research or debate has occurred on this issue. This paper attempts to remedy this deficit by summarising research findings from a larger PhD project (Jeffries, 2001) which considered the question of gender and criminal justice decision making in New Zealand. Results from this project show that a) sentencing and remand outcomes often differ for adult men and women, with the former usually receiving "harsher" sanctions, b) different factors are often considered when determining men's and women's judicial outcomes and, c) certain "types" of men and women are more likely to be extended judicial leniency. In explanation, gendered ways of viewing, understanding and judging offenders indicated the manner in which judicial processing came to be differentiated by sex. Theoretically, these findings can be partially understood using chivalry, paternalism, social control and social cost arguments. However, by themselves, none of these theoretical perspectives are considered complete and a more integrated theory of gender and criminal justice processing is called for.

Journal of Law and Criminal Justice, 2021

This article discusses the role of gender in the commission of crime, criminality, and harm prevention by critically examining the notion of crime within theories about women‘s and men‘s criminality, as well as the gendered nature of crime control policies throughout the United Kingdom (UK), England, Wales, and Scotland. Gender affects women and men and their criminality within criminal justice discourse and crime control policies. Throughout the literature, there has been a continued focus on women needing to be ‗repaired‘ when they commit crime because women are seen as having gone outside the traditional role of what it means to be female. On the other hand, the link between hegemonic masculinity and criminal behaviour among men is often ignored within criminal justice policies, highlighting the fact that men, in comparison to women, are viewed differently within criminal justice discourse, policies, and legislation. The concept of hegemonic masculinity and toxic forms of masculinity have not been prominent features in crime reduction or prevention policies. It will be argued that both women and men are failed by a system that does not engage with gendered power and harms within society, whether they be interpersonal or institutional. This creates a breakdown in the idea that women‘s or men‘s criminality can be understood and treated as such. Evidence suggests that focusing on the social factors that lead to crime, including the intersection of race with the above-mentioned paradigm, as well as the stereotypes that are associated with criminality, would improve outcomes for groups of women and men. This should be reflected within the criminal justice policy discourse, which is both gendered and racialized, to see a significant decrease in crime. The criminal justice system, on its own, is ill-equipped to reform and reduce criminal activity. A combination of targeted approaches that focus on the factors that lead to offending by women and men, respectively, is required to reduce the harm caused by criminals in the UK.

IOSR Journal Of Humanities And Social Science, 2023

Considering that Criminology has been around for more than two hundred years, feminist criminology, which emerged in the 1960s, is relatively recent. This work intends to highlight gaps that still exist on theory and research on gender, crime, and justice, pointing out four key priorities for criminological theory and research on gender. The methodology used for this investigation is a wide range of articles on the subject, that are focused on the criminological research in the English-speaking world, predominantly in the United Kingdom. The results show a need for criminological research with more emphasis on intersectionality, violence against women in politics, crimes against women in rural settings and the need for an awakening to gender criminological studies that address the queer community

International Criminal Law Review, 2009

Journal of Criminal Law and Criminology, 1994

Sex Roles, 2012