https://www.deathpenaltyproject.org/world-day-against-the-death-penalty-women-and-the-death-penalty/
Gender-based bias permeates the criminal justice system, manifesting itself in the investigative stage, in the form of law enforcement biases; the trial stage, in which a fair trial may be unavailable for economically disadvantaged and uneducated women; and in sentencing, when women defendants are sentenced to death after being prevented from arguing that gender and patriarchy affected their criminal conduct. This discrimination can also lead to critical mitigating factors not being considered during arrest and trial, such as being subjected to gender-based violence and abuse.
Let's not even talk about gender and patriarchy affecting criminal conducts. It is simply a way of saying that women should be treated differently for simply being women.
Let's talk about gender based bias in criminal justice system. Yes, there is a biais but this bias is against men and boys :
Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts : Males offenders receive substantially longer sentences. Males are also less likely to get no prison term when that option is available; less likely to receive downward departures ; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than females.
The Determinants of Punishment: Deterrence, Incapacitation and Vengeance : Male offenders receive a 6.2 year longer sentence than female offenders if the victim is female and a 6.9 year longer sentence if the victim is male.
Help seeking experience of male Intimate Partner Violence victims: Police more likely to jail him than to jail the woman (29.7% vs 20.9%) when he calls them.
Women in UK cannot be send to prison for non violent offense. Men can.
In countries where the death penalty is a mandatory sentence for murder, such as in Trinidad and Tobago or Ghana, a woman’s prior history as a survivor of physical or sexual abuse is simply irrelevant. The death penalty is automatically imposed for death-eligible offences without consideration of the woman’s background or the circumstances of the crime.
Now background and circumstances. Let's remind everybody that +80% of rough sleepers are male. +70% of suicide are men. Male victims of domestic and sexual abuse are more likely to not be believed, to not be protected and to be punished. Also several decades of studies have shown how male prisoners had on average a far worst live than others. Eg :
https://pubmed.ncbi.nlm.nih.gov/32533348/ : Most participants (84.2%) had suffered at least one ACE and 45.5% had suffered ≥4 ACEs. Prevalence of lifetime mental illness diagnosis, self-harm (lifetime and lifetime in prison) or suicide attempt (lifetime and lifetime in prison), and current low mental wellbeing increased with exposure to ACEs.
Women are victims of the death penalty to a great extent even when it is mostly men who are tried, sentenced and executed. While men are in prison, it is left to women to hold the family together, to earn a living, perhaps for the first time, to support the children, to organise lawyers and support, to travel sometimes great distances at great difficulty to visit their husbands, partners, sons and fathers in prison. It is not a comment on the treatment of women when they are charged, but an important and often overlooked component of the criminal systems and the death penalty everywhere. Women are left to pick up the pieces and try to recreate lives for their families.
Classic, we can't let men being talked about without making it about women. It will not go well with the narrative that women are most affected when most executed victims are men if they did not try to parasite conversation about men.
In order to tackle the problems that exist, I believe we need to implement the following steps: repeal provisions that allow for the mandatory imposition of the death penalty, which do not allow judges to consider the circumstances of the offence or of the defendant at sentencing; acknowledge the compounding forms of violence suffered by girls and women – including gender based violence and early and forced marriage; ensure the training of all those involved investigation, representation and prosecution of crimes involving women; ensure that all those facing the death penalty have access to free and effective legal counsel – specialised in capital representation and trained to recognise and bring forward claims of gender-specific defences; increase the number of women involved in decision-making positions within legal systems, including judges, prosecutors, and court administrators, and develop and implement programmes to prevent gender-based violence and discrimination.
- Make a problem a women's issues
- Argue that the solution is to give women privileges and power and push them into high positions.
- Use those newly gained positions to push even more feminim and expand toward other institutions.
Edit: I truly believe that nothing will get changed if men don't start to act and advocate as men like women do. If not, we will have men fighting for people while women will fight for women. Men working for things to be better for everybody. Women fighting to get women privileges and superior care. In this example, women will fight against death penalty against women only while men will fight against death penalty itself. This is history reppeating itself. Women fought for non prison sentences for lesser female criminals. Women fought for domestic and sexual abuse laws only for female victims. Women fought for food distribution in disaster zones to be given for women and girls. When given occasion to talk in newspaper, TV or in Parliament/Government, women will explicitly isolate and focus on women. Time for men to be tribal.
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