Should Women Who Commit Murder Be Treated More Leniently Research Paper

Should Women Who Commit Murder Be Treated More Leniently - Research Paper Example The treatment and sentencing of women who commit murders have been discussed thoroughly by different theorists and sociologists.   The work of Nagel and Weitzman in 1971 has since established that women seem to receive preferential treatment in their sentencing (Rodriguez, Curry, & Lee, 2006).   The chivalry and focal concerns theories are two of the main theories which have sought to explain this pattern of social behavior.   The chivalry theory was first seen in the 1970s and is mainly based on the cultural stereotypes related to gender.   In this case, this theory sets forth that women are fickle and childlike and therefore are not responsible for their criminal activities (Rodriguez, Curry, & Lee, 2006).   Women should, therefore, be protected by the men who should do everything in their power to reduce the pain and suffering that these women experience.   In effect, this theory â€Å"suggests that society desires to treat women more leniently than men† (Heberl e, 1999, p. 1107).   This hesitation based on this theory refers to its reasons for women’s status as mothers and vulnerable figures sexually. The focal concerns theory is yet another theory which sought to explain the seemingly preferential treatment of female criminals.   This theory sets forth that due to the limited time that judges have on their cases, they often do not receive sufficient information on defendants and their cases.   Consequently, in the course of their adjudication, their personal opinions and preferences can often significantly impact on the way they render sentences on defendants (Rodriguez, Curry, & Lee, 2007).   In the end, these judges sometimes end up crediting attributes about a defendant’s liability and recidivism based on blameworthiness, dangerousness and practical constraints (Rodriguez, Curry, & Lee, 2007).   In the process, they also end up crediting certain gender-based qualities to the offenders.   They would likely view women to be less of a risk to the community and less likely to be a recidivist; and they would likely view male offenders to be at fault and therefore, more responsible for their crimes (Rodriguez, Curry, & Lee, 2007).   This theory also sets forth that men are more capable of doing their time in prison as compared to females.