SENTENCING - EQUAL PROTECTION - SEX-BASED DISPARATE SENTENCING SCHEME FOR FEMALE OFFENDERS VIOLATES THE EQUAL PROTECTION CLAUSE

• NCJ Number: 15781
• Journal: Rutgers Law Review Volume: 27 Issue: 3 Dated: (SPECIAL ISSUE) Pages: 545-554
• Author(s): ANON
• Date Published: 1974
• Length: 10 pages
• Corporate Author: Rutgers University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE NEW JERSEY SUPREME COURT DECISION THAT STATED THAT A FEMALE OFFENDER MUST RECEIVE THE SAME SENTENCING TREATMENT AS A MALE OFFENDER WOULD RECEIVE FOR THE SAME OFFENSE.

Abstract

THE COURT'S DECISION WAS BASED ON THE STATE'S FAILURE TO OFFER ANY CONVINCING JUSTIFICATION FOR THE SEX-BASED STATUTE AUTHORIZING DISPARATE SENTENCING. IT IS ARGUED THAT THE COURT, IN ITS DECISION, SHOULD HAVE, IN ADDITION, DECLARED SEX CLASSIFICATIONS CONSTITUTIONALLY SUSPECT, SINCE FAILURE TO DO SO PROVIDES LITTLE BASIS FOR A CONSITUTIONAL CHALLENGE TO SEX-BASED LAWS OUTSIDE THE CONTEXT OF CRIMINAL SENTENCING STATUTES.