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Eqaul protection of the law: Does both sex receive equal punisment for the same crime committed - Essay Example

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Equal Protection of the Law: Do Both Sexes Receive Equal Punishment? Equal Protection of the Law: Do Both Sexes Receive Equal Punishment? People today experience equality in every sector irrespective of gender, color, and age…
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Eqaul protection of the law: Does both sex receive equal punisment for the same crime committed
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Download file to see previous pages One of the examples for such practices is found in the United States where women enjoy this privilege of exemption. Although women are empowered in many aspects today, the demand and cry for liberty seems sanctioned by the authority. This practice can be a great relief to the females on the one side while the males regard this as complete injustice done to them. Considering this scenario, one can claim that equality proposed in the constitution is not actually enforced in judicial practices especially with regard to punishments given to female offenders. Gender disparity is noticed in every criminal court. Studies reveal that men receive almost 63% of longer sentence for an equal crime that is committed by women. Undoubtedly women have equal role in committing criminal acts like men. However, laws across the globe seem favoring women by being liberal to them while giving punishment. This kind of discriminatory punishment is quite common in America and American women are left free in many occasions from getting sentenced. As Temin (11 Am. Crim. L. Rev. 355(1972-1973) points out, women enjoy the privilege of a weaker section and they hardly confront severe punishments. This partiality shown is conditional and well supported by the respected strategies of the country. The very system seems unjust as it shows partiality to a special category of people. Convicted women usually escape from the charges by getting gender consideration. In contrast, judicial approach to male criminals is becoming stricter. Many reports and studies reveal the truth that males have undergone longer years of confinement than females despite the equal intensity of the crime both committed. Evidently, in federal courts, men suffer severe punishments than women. Reason why female criminals are treated more leniently is uncertain. However, as Tara & Laura (2000) purport, female criminals enjoy this exemption from punishment and are likely to repeat the crime. It is believed that judges realize the practical responsibility of women in caretaking. This caretaking service is carried out successfully by women especially in bringing up the new generation as well as looking after the older generation. These kinds of humanitarian aspects are basically seen among females. Thus it forces judiciary to safeguard women from severe law and punishment. The judicial system realizes the noble responsibility of women, and hence grand them consideration in punishment. This approach of the judicial system in many countries naturally leads to indifference and this is very much noticeable in the United States. The system of punishment and thereby the affliction of pain have been targeting the males for centuries. It has been the same even in the case of juvenile offenders. Studies indicate that the punishment is awarded mainly to male children in all occasions of crimes. The gender disparity is widely followed and boys confront severe charges. The corporal punishments they receive are beyond a child’s capacity to bear. According to Gregory (1995), the African American males were mostly the victims of corporal punishments, and this the clear indication of gender and racial bias. The pain inflicted to them was high in males when compared to punishments given to the female offenders. According to some researchers, certain practices of indifference are very visible in this regard. “Women convicted of murder, manslaughter, and assault received more ...Download file to see next pages Read More
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