NCJ Number
60807
Journal
Kriminologisches Journal Volume: 10 Issue: 4 Dated: (1978) Pages: 281-291
Date Published
1978
Length
11 pages
Annotation
THE QUESTIONS OF WHETHER WOMEN ARE CHARGED WITH FEWER CRIMES THAN MEN AND OF WHETHER WOMEN ARE TREATED MORE LENIENTLY BY THE WEST GERMAN CRIMINAL JUSTICE SYSTEM ARE STUDIED.
Abstract
ONE MAJOR THEORETICAL PERSPECTIVE ARGUES THAT WOMEN'S CLASSICAL ROLES RESTRICT THEIR ACTIVITIES (INFORMAL SOCIAL CONTROL) AND THEREFORE LIMIT THEIR CRIMINAL INVOLVEMENT, WHILE A SECOND LINE OF ARGUMENTATION HOLDS THAT THE NUMBER OF UNREPORTED CRIMES BY WOMEN IS HIGHER THAN BELIEVED BECAUSE MALE CONTROL AGENTS GIVE WOMEN SPECIAL TREATMENT; AND BECAUSE WOMEN ARE USUALLY ONLY INSTIGATORS. RESULTS OF STUDIES INDICATE THAT WOMEN ARE CHARGED WITH CRIMES LESS THAN MEN BECAUSE THEY ARE INVOLVED LESS, NOT BECAUSE OF SEXUAL FAVORITISM. POLICE TREAT WOMEN MORE LENIENTLY IF THE KIND OF CRIME WHICH THEY COMMIT AND THEIR BEHAVIOR TOWARD POLICE OFFICERS CONFORM TO THE SEX ROLES ASSIGNED TO THEM BY THE OFFICERS. OTHERWISE, TREATMENT IS STRINGENT. THE STRICTNESS OF THE PUBLIC PROSECUTOR'S OFFICE IN PROCESSING WOMEN'S CASES IS MORE STRONGLY INFLUENCED BY THE NATURE OF THE CRIME THAN BY THE OFFENDER'S SEX; WOMEN ARE IN GENERAL TREATED WITH SOMEWHAT LESS CLEMENCY THAN MEN. IN THE COURTS, SENTENCES IMPOSED ON WOMEN DO NOT APPEAR TO BE LESS HARSH FOR WOMEN THAN FOR MEN; WOMEN ARE PUNISHED MORE SEVERELY THAN MEN FOR CRIMES OF VIOLENCE AND FOR SEXUAL BEHAVIOR WHICH DOES NOT MATCH SOCIETY'S NORMS. DIFFERENT MOTIVES ARE ATTRIBUTED TO CRIMES OF FEMALE OFFENDERS THAN TO THOSE OF MEN; FOR EXAMPLE, DRUG ADDICTION OR SHOPLIFTING BY WOMEN ARE LIKELY TO BE INTERPRETED AS AN ILLNESS. PARDONS ARE SOMEWHAT EASIER FOR WOMEN TO OBTAIN, POSSIBLE AS A RESULT OF THEIR CHILD-CARE ROLE. IT IS EMPHASIZED THAT THE EXISTENCE OF SEXUAL DISCRIMINATION IN PENAL PROSECUTION HAS NOT BEEN ABSOLUTELY VERIFIED; AND THAT FURTHER STUDY IS NECESSARY. A BIBLIOGRAPHY IS SUPPLIED. --IN GERMAN. (KMD)