Shandell Foust English 104-41 Mrs.

McGinnis April 28, 2014 Womens issues: sentencing disparity and prison The leniency of female offender sentencing is a major problem in the criminal justice system. However when women are sentenced to prison terms, they are sexualized most of the time. When it comes to sentencing, women are just more likely to get "off the hook". In today's society, women are still seen as weak and in need of protection. Unfortunately, men within the criminal justice system still think this way and in some cases even abuse this fact. Although women have been granted equality for some time now, the issues still remain in todays society. When women commit crimes their sentences are much more lenient than a man's sentence. This could simply be because women dont commit as violent of crimes as men but could also be because men in the criminal justice system treat women differently. The majority of all judges are males, which could attribute to this fact that they feel the need to protect female offenders. The criminal justice system needs to address these issues as promptly as possible and come up with real solutions that just might possibly work in todays criminal justice system. Gender Disparity Gender disparity in sentencing is when theres an unequal amount of men versus women sentenced to time in prison. The simple fact is that women are sentenced much more leniently than their male counterparts. The criminal justice system has enacted laws to make everyone equal in the eyes of the law. In her article, Federal sentencing guidelines, Stith explains the

Sentencing Reform Act of 1984 which made the Sentencing Commission include guidelines that are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of [the] offender (Stith, 160). Based on the fact that gender disparity is still an issue in todays court system one must think that the reason behind this injustice is judicial discretion (Stith 160). The simple fact of the matter is that gender disparity is happening in todays society whether we want to admit it or not. Women are sentenced much more leniently than men. Stith explains that Keslers study gives some reasons as to why this is true. There are large differences between male and female offenders. On average, women offenders commit non-violent crimes unlike their male counterparts which results in lower sentencing. According to Stith, Female offenders are twice as likely as male offenders to have no prior criminal record (162). Having a prior record is a major factor in deciding on the sentence for the offender. Offenders who have no prior criminal record and no felonies are much more likely to be released back into the community. Those who have multiple offenses are more likely to receive heavier sentences. Stith states that while in federal sentencing racial disparity is a significant problem, gender disparity is a bigger problem (163). The mere fact that other researchers are bringing attention to these issues proves that it is a major problem. No matter what the offense is, gender matters in the criminal justice system. In her book, Women and Crime, Malicoat states that the criminal justice system is a gendered experience (Malicoat, 1). From 1999 to 2008 crime committed by women had an increase of 11.6% (5). To understand the sentencing of female offenders, one must first understand the criminality which is extensively explained in this book. Malicoat explains that there are two ways that gender bias can occur, (1) women can receive lenient treatment as a result of their gender, or (2) women may

be treated harsher as a result of their gender (Malicoat, 407). These are known as the chivalry hypothesis and the evil woman hypothesis. Based on these hypotheses, female offenders are in bad shape no matter what they do. The Chivalry Hypothesis According to Grabe et. al. "the chivalry hypothesis posits that female criminals receive more lenient treatment in the criminal justice system and in news coverage of their crimes than their male counterparts" (137). Studies have shown that the chivalry hypothesis is supported. Chivalry is as old as time. Men feel the need to protect women because they believe that they are the stronger sex. Throughout history women have always been seen as the lesser and weaker and in need of protecting. The opposite of this is called the evil-woman hypothesis. This is when there is basically a double standard for women. Basically the belief is that because a woman committed a crime, she is evil. The belief is that women are gentle and weak and not supposed to commit crimes so they get punished even more harshly. The image of the sweet and innocent woman is crushed and for that there needs to be punishment. With both of these hypotheses, women are basically being judged for being women. The criminal justice system is very much an old boys club and women are only recently getting their foot in the door. Interview Now, research by a bunch of scholars is interesting and credible and all that, but what does an actual person whos worked in the field think about these issues? In an interview with Tina Edwards, a criminal justice professor here at Ball State, she was asked if she supported either of these hypotheses. She replied by stating, "No, your power is so immense, you just can't make decisions based on gender. I wouldn't want someone to treat me any differently; its

unconstitutional to do as such". Discrimination whether it be based on race, gender, socioeconomic status, or another qualifier is simply unacceptable. In her experience as a chief probation officer, she didn't feel that she witnessed any gender disparity within sentencing but acknowledged that it does happen. The statistics are all over the board, she said and there's just no way to determine one way or the other. Just because, Edwards didnt experience this kind of discrimination, it doesnt mean that it doesnt happen. Naturally women act differently than men. Edwards told a story of how a police officer that she knew had the philosophy that if a woman cried after she had been pulled over, he would almost always give them a ticket as opposed to not giving them a ticket if they didnt cry. The goal behind this was that just because a woman is crying, she doesnt deserve special treatment. Men dont cry when they get pulled over for speeding so why should women? Most of all, why should they be given more leniency than men when they have committed the same crime? Sexualization of women in prison When women are sentenced for their crimes, which isnt often, they are usually sent to a womens prison. While there arent as many womens prisons as mens prisons, the number of them has increased recently. The women population has skyrocketed as of late compared to what is has been centuries before. However, even when women are sentenced to a prison term they are punished much more than that. As a society, once an offender is sentenced, we dont generally care what happens to them. Many people also dont have a realistic view of how the criminal justice system works. Due to television shows and movies, society has this unrealistic view that all bad guys are caught and brought to justice and everything is rushed and exciting. However, one new criminal justice show actually shows some of the issues that women come in

contact with while serving their sentences in prison. While there are many parts of this show that are exaggerated, there are also many parts that are all too real for women in prison today. Orange is The New Black The new Netflix series Orange is the New Black depicts the story and experiences of Piper Kerman during her one year stay in a womens prison. This new series is based on Kermans memoir. During an NPR interview, Kerman talks about the sexual abuse that many of the female inmates went through during their stay. She explains that on a regular basis the inmates were frisked or in other words essentially groped. When asked what the women would do about this she explained that there wasnt much you could do without risk of being put in solitary confinement or possible retribution from the guards (7). The sexualization of women in prison is a huge problem and not much, if anything is being done to stop this absurd behavior. Like, Tina Edwards explained in her interview, as a criminal justice professional you simply have too much power to abuse others. While much of the content from Orange is the New Black is exaggerated, some of the things that happen are unfortunately true. This book and show bring to light many issues that the criminal justice system and even society have ignored. Ignoring these issues is easier than dealing with them and making life somewhat better for inmates. In the YouTube clip included, the scene shows George Mendez (a.k.a. Pornstache) as a guard in the prison and he is basically feeling up the woman who plays Kerman as well as having sex with another inmate. After getting drunk with a co-worker he talks about how the women in the prison want to use him for his body and no one cares about how he feels. Obviously this depiction is false, as none of the inmates want to be sexually abused by a guard. Correctional officers have an immense amount of power over all of the inmates. They get to choose which rules they want to enforce and when and where inmates are at all times. Inmates have absolutely

no privacy when it comes to showering or changing. Women are being sexually abused in prison as well as over sexualized as shown in Orange is the New Black. Sexual Behaviors Multiple types of sexual behaviors exist within the confines of prisons. These types of sexual behaviors are explained by Pardue, Arrigo, and Murphy in their study Sex and Sexuality in Womens Prisons: A preliminary Typological Investigation. There are five types of sexual behaviors typically found in womens prisons. Some of these are unwanted while others are not. Regardless, the show Orange is the New Black, depicts each of these sexual behaviors in one way or another. The first type of sexual behavior is suppressed sexuality. Suppressed sexuality should not be confused with sexual desire or arousal disorders (5). This is the least aggressive or serious type of sexual behavior on the continuum (5). This is basically when inmates cant really express their sexuality in any way. Because they are inmates, every moment of their day is monitored and they are secluded from everyone they care about. As a result they cant engage in any kind of sexual relationship that they want to. In Orange is the New Black, this type of sexual behavior happens but isnt really pointed out or as prevalent as the other types of behaviors. The second sexual behavior on the continuum is Autoeroticism. Essentially autoeroticism is the same thing as masturbation. This type of sexual behavior in prison is not seen as aggressive or dangerous with regards to the inmates but is obviously more sexual than the suppressed sexuality (7). In a study of 245 female inmates, 65.5% had masturbated during some point of their incarceration (8). Interestingly, women who were in high security prisons were found to have masturbated more frequently than those in lower security prisons (8). In

Orange is the New Black, this occurs when Lea Delaria who plays Big Boo in the series uses the handle of a stolen screwdriver to masturbate. The third sexual behavior is consensual true homosexuality. Female inmates frequently distinguish themselves between being true homosexuals or just situational homosexuals (9). The women who identified themselves as true homosexuals most likely did so because they were homosexual before they entered prison (10). Pardue et al states that, interestingly, true homosexuals were better equipped to adjust to labels, such as prisoner, in that they had already experienced similar stigmatization, given their pre-prison homosexual identities. (10). In Orange is the New Black, Laura Prepon who plays Alex Vause in the series was homosexual before she was incarcerated so those behaviors carried over into her prison life. The fourth sexual behavior is similar to the third but is consensual situational homosexuality. Consensual situational homosexuality is thought to happen when an inmate is confronted with a same-sex encounter while they are incarcerated (11). According to research, about 90% of female inmates first same-sex experience was in prison (11). For the most part, situational homosexuals return to their heterosexual relationships when they are released from prison (11). Turning to homosexual activities while in prison can be a way for the inmates to cope with being alone and adjusting to a new way of life. In her book, Kerman explains that When you are deep in misery, you reach out to those who can help, people who can understand. ( 283). Being in the same situation as everyone else in prison can definitely result in close relationships with other inmates which may lead to sexual encounters. In Orange is the New Black, Yael Stone who plays Lorna Morello in the series explains that she has a fianc on the outside but she still has sex with another inmate. The main character Piper Chapman (Kerman) played by Taylor Schilling engages in sexual behavior with her ex-girlfriend, Alex

Vause in the show. While this is shown in the T.V show, Kerman explains in her NPR interview, that this didnt actually happen (NPR 10). The fifth and final sexual behavior described by Pardue, Arrigo, and Murphy is sexual violence. Pardue et al states that sexual violence has received more attention [in recent years] due to the enactment of the Prison Rape Elimination Act of 2003 (12). There are two types of sexual violence in the prison system: violence between inmates and violence between inmates and staff members. As a result of these women being incarcerated, they dont necessarily have everything that they need so they barter with staff and other inmates as part of an underground economy. This idea of bartering usually involves exchanging sexual favors for something that they need (12). In the show this happens when Pornstache trades sexual favors with Tricia Miler played by Madeline Brewer for drugs to prevent withdrawal. This bartering with other inmates and staff is called manipulation and is one of the three main types of sexual violence (13). The second type is compliance which occurs between an inmate and another inmate or a staff member as a way to avoid victimization or simply out of fear. The inmate does not want to be in this cycle but feels it is necessary to survive (13). The third type of sexual violence is coercion which is probably the most aggressive and includes pressure to perform sexual acts to even rape (13). In her article, Impunity: Sexual Abuse in Womens Prisons, Kim Shayo Buchanan explains how sexual abuse happens in womens prisons and various scenarios that happen. Sexual abuse to women in prison is nothing new and some even view it as an institutionalized component of punishment behind prison walls. Buchanan points out that

female inmates are essentially punished for getting pregnant by a male guard and subsequently are sent to solitary confinement. In prison, when there is a sexual abuse instance, the guard isnt punished rather the inmate is punished or retaliated against (45). Conclusion This behavior is uncalled for and is what needs to change in the criminal justice system. Women inmates are treated as sexual objects rather than actual people while incarcerated. Regardless of whether the person has never broken any law in their life or if they are currently incarcerated, they deserve to be treated better and not be forced to worry about sexual abuse on a daily basis. The criminal justice system is such a large entity and it reaches to almost every aspect in society today. Equality should reach to every single person regardless of their gender. Its unfair to both men and women to be more lenient based on the simple fact that they are a woman. Prisons are another huge part of the problem in the criminal justice system. The best thing that could happen is reform. Society wont change unless criminal justice professionals are trained and educated more effectively. Hopefully one day soon, we can see the change that needs to happen.

Works Cited Behind The New black: The Real Pipers Prison Story. Fresh Air. Host Terry Gross. Natl. Public Radio. WHYY, Philadelphia. 12 August. 2013. Radio Works Cited Buchanan, Kim Shayo. "Impunity: Sexual Abuse in Women's Prisons." Harv. CR-CLL Rev. 42 (2007): 45.Kate Stith. Federal Sentencing Reporter, Vol. 15, No. 3, Federal Sentencing Guidelines Symposium (February 2003) , pp. 160-164 Edwards, T. (2014 March 27). Personal Interview. Grabe, M., Trager, K. D., Lear, M., & Rauch, J. (2006). Gender in Crime News: A Case Study Test of the Chivalry Hypothesis. Mass Communication & Society, 9(2), 137-163. doi:10.1207/s15327825mcs0902_2 Kerman, Piper. Orange Is the New Black: My Year in a Woman's Prison. New York: Spiegel & Grau, 2010. Print Kramer, Rory."Orange Is The New Black - George "Pornstache" Mendez" Youtube. Youtube. 14 Oct. 2013. Web. 30 April 2014. http://www.youtube.com/watch?v=BrBXmApzAgQ

Pardue, A., B. A. Arrigo, and D. S. Murphy. "Sex and Sexuality in Women's Prisons: A Preliminary Typological Investigation." The Prison Journal 91.3 (2011): 1-27. Print.