LAST MONTH, a judicial board in Britain asked judges to treat women defendants with greater lenience. The notion of special standards for women is also gaining ground here. Los Angeles County Court has seen a steep increase in female criminals in recent years, as have many jurisdictions. It now boasts of a special program especially for women.
Women convicts do face difficult circumstances, particularly as mothers. However, as the blogger Simple Justice notes, these circumstances should be viewed individually, not on the basis of sex. He writes:
When there’s a special court for women, it by definition precludes men. Some women deserve a break, having been manipulated and pressured into committing crimes, or having done so to feed their children. So do some men. But there’s no court for that.
What this perversely reflects is the inability of the criminal justice system to lose the rhetoric of blame and give every case the degree of individualized thought it deserves. There’s no reason why a woman before a criminal court shouldn’t be given the depth of scrutiny necessary to determine whether she’s an evil, malevolent person, but rather a victim of circumstance who is undeserving the typical harshness our system metes out. There’s no reason every person who comes before a court shouldn’t receive that. (more…)