Once acknowledged, the question that emerges is why such disparities exist in the modern era of feminism and gender equality. Many sources argue that the prime reason for the evidently lesser sentences is the role of women is still very much invocative of maternal imagery. In a study from 1997, fifty-nine percent of women in federal prisons had minor-aged children (Covington and Bloom 8). This data, presented in a scholarly article written by two published PhDs, is further supported by a statement in a study created by the U.S Sentencing Commission, that argues “there is also reason for judges to believe that women are more instrumental in raising their children than their male counterparts” (129). The claim made by the Sentencing Commission, an agency of the United State’s judicial branch, solidifies the role that female stereotypes play in the nation’s society; if a woman is present in the home, her children are more likely to be functioning citizens in American society. Maternally invoked sympathy is believed to be a major component in the sentencing disparity that exists between men and women in the United States as women appeal to the sympathies of the prosecutor or judge in a unique-to-women way. In regards to the gender based incarceration discrepancies, the two genders should not be pitted against each other. There should not be a maternalistic or paternalistic lens on society and its function, instead, the judicial system needs to be solely based on the crime, not the
Once acknowledged, the question that emerges is why such disparities exist in the modern era of feminism and gender equality. Many sources argue that the prime reason for the evidently lesser sentences is the role of women is still very much invocative of maternal imagery. In a study from 1997, fifty-nine percent of women in federal prisons had minor-aged children (Covington and Bloom 8). This data, presented in a scholarly article written by two published PhDs, is further supported by a statement in a study created by the U.S Sentencing Commission, that argues “there is also reason for judges to believe that women are more instrumental in raising their children than their male counterparts” (129). The claim made by the Sentencing Commission, an agency of the United State’s judicial branch, solidifies the role that female stereotypes play in the nation’s society; if a woman is present in the home, her children are more likely to be functioning citizens in American society. Maternally invoked sympathy is believed to be a major component in the sentencing disparity that exists between men and women in the United States as women appeal to the sympathies of the prosecutor or judge in a unique-to-women way. In regards to the gender based incarceration discrepancies, the two genders should not be pitted against each other. There should not be a maternalistic or paternalistic lens on society and its function, instead, the judicial system needs to be solely based on the crime, not the