000			03253nab a2200277Ia 4500
001			116627
005			20250625151209.0
008			110331s2001 eng
040			_aWSS _dAFV
100			_aJeffries, Samantha _91431
245			_aIs differential treatment by gender warranted? [electronic resource] _cJeffries, Samantha
260			_c[2001]
300			_a10:00 p.m.
365			_a00 _b0
500			_aOriginal URL: http://www.crime.co.nz/c-files.aspx?ID=12366 Also published as: Jeffries, Samantha (2001) Gendered judgments: differentiation in criminal court outcomes. In Proceedings Women's Studies Conference, Christchurch, New Zealand. Retrieved 29 October 2010, from http://eprints.qut.edu.au/8617/1/8617.pdf
520			_aThis article explore the differences between judicial outcomes for men and women, and whether the disparities in criminal court outcomes are just and warranted. The article draws on New Zealand and international research. Briefly summarising the situation in the United States, the United Kingdom and Australia, and more extensively in New Zealand, the author finds men are disproportionately suspected, apprehended, prosecuted, convicted, and imprisoned even when legal factors, such as the seriousness of criminal history, are held constant. Internationally, researchers have highlighted extra-legal factors such as familial ties, histories of victimisation and mental health as possible reasons for sex differences in judicial outcomes. The research shows that domesticity and dependence traits frequently mitigate punishment for women. Additionally, women and men tend to be constructed differently in the criminal courts in terms of victimisation and pathology, with women more often construed as not altogether responsible for their criminality. New Zealand has produced little systematic research on gender and criminal court sanctioning. However, as is the case internationally, research that has controlled for numerous legal factors still tends to find that women receive less severe judicial outcomes than men. In discussing whether less severe judicial outcomes are warranted, the author suggest there is a need to transcend the equality/difference debate, which is little more than a male-centred debate and as such problematic because women are ultimately disadvantaged by this debate. The author discusses whether prison is a harsher punishment for women than it is for men in the context of exploring whether equity rather than equality should be sought through developing a social-based rather than a justice-based approach to criminal justice processing, and finds this problematic for a number of reasons. It is concluded that future discussion should aim to problematise criminal justice processing as it relates to both sexes, rather than simply in terms of women against men, noting that criminal men and women both tend to come from disadvantaged circumstances.
650	2	7	_2FVC _aCRIMINAL JUSTICE _9167
650	2	7	_2FVC _aGENDER DIFFERENCE _9270
650	2	7	_2FVC _aGENDER _9269
650	2	7	_aJUSTICE _9333
650	2	7	_aMEN _9375
650	2	7	_aWOMEN _9645
651		4	_aNEW ZEALAND _92588
856	4		_uhttp://www.crime.co.nz/c-files.aspx?ID=12366
942			_2ddc _cBRIEFING
999			_c2460 _d2460