NCJ Number
163468
Date Published
1996
Length
22 pages
Annotation
Three strikes laws passed in California and Washington and under consideration in 30 other States typically target males who most often fit the repeat violent offender category; these laws have virtually ignored the effect of new sentencing schemes on female offenders.
Abstract
In discussing the potential effect of three strikes legislation on women, the authors point out that women are primarily property and drug offenders rather than repeat violent offenders. Moreover, women commit property and drug crimes for reasons often not addressed by legislators. The "feminization of poverty" has been used to explain women's participation in crime. Women lack meaningful employment opportunities, and their criminal involvement is often linked to a gendered role in society. In addition, women tend to have less extensive and less violent criminal histories, female involvement in serious crimes often means dealing in drugs or acting as an accomplice to males, and the incarceration of women has a substantial negative effect on children. A historical perspective on female offenders is presented, and the rationale for sentencing women is described. Sentencing reform initiatives and the effect of three strikes laws on female offenders are examined. The authors believe that women are less likely than men to be sentenced under three strikes laws, that just sentences need to reflect dissimilar patterns of criminality and distinct family backgrounds of women, and that a "different needs" approach may be more reasonable in the case of female offenders. 38 references