The Death Penalty in America: Gender Implications
The death penalty has been a long-standing form of punishment in America. But, with the recent attention surrounding Jodi Arias’ case, conversations around the implications of the death penalty have surfaced. This article dives into the often overlooked gender implications of the death penalty in America.
A Deeper Look at the Death Penalty
As the United States Supreme Court explained, “death is not a mere physical fact of life’s termination, but a spiritual experience fraught with profound finality.” The death penalty has been used for hundreds of years as a form of ultimate punishment for the vilest of crimes. But recently, conversations around whether or not it is fair and just have been reignited.
So, what does justice and fairness look like when it comes to the death penalty? To start, experts have argued that the manner in which the death penalty is implemented is often based on the perpetrator’s gender. Data from the Bureau of Justice Statistics shows that, of the people on death row in 2018, 82 percent are male and 18 percent are female. This discrepancy can be attributed to the fact that women are less likely to be seen as perpetrators of certain types of violent crime.
Examining Gender Bias in the Justice System
It’s important to consider that gender bias extends beyond the death penalty and into the justice system at large. Unconscious gender biases, or the tendency to assign stereotypes based on gender, can lead to people being treated differently not only by their own peers, but by law enforcement and the judicial system as a whole.
The criminal justice system has been studied and said to disproportionately target Black and Hispanic men, but recently more and more attention has been brought to the effects of gender bias on the justice system. Studies show that gender bias often leads to harsher punishments being imposed on men, with women being more often viewed as less ‘threatening’ perpetrators of crime.
What Effect Does Gender Bias Have on the Death Penalty?
Given the disproportionate number of men on death row, experts have argued that the penalty of death is an extension of gender bias already present within the criminal justice system. In some cases, gender bias has even been found to be a factor in determining guilt or innocence, in addition to the severity of the punishment.
Additionally, due to the large number of male death row inmates, fewer resources are being directed at female offenders. Frontline investigations have found that in cases of female offenders, mental health issues related to their gender and traumatic pasts are often overlooked or disregarded when determining their guilt and criminal sentences.
Conclusion
Although the death penalty was originally an act of justice, it is becoming more and more apparent that the method in which it is implemented is far from fair when it comes to gender. In a January 2021 press release, the National Coalition to Abolish the Death Penalty President and CEO, Abe Bonowitz, stated that “the death penalty is an unjust and inhumane practice that continues to disproportionally impact communities of color and the poor. This is further compounded by gender bias, which further skews the risk of execution for men, particularly those of color.”
It is clear that, in order to ensure justice and fairness in the implementation of the death penalty, efforts must be made to address gender biases present in the justice system as a whole.
FAQ
Is the death penalty an act of justice?
The death penalty was originally an act of justice, but it is becoming more and more apparent that the method in which it is implemented is far from fair when it comes to gender.
What effects does gender bias have on the death penalty?
Given the disproportionate number of men on death row, experts have argued that the penalty of death is an extension of gender bias already present within the criminal justice system. Gender bias has also been found to be a factor in determining guilt or innocence, in addition to the severity of the punishment.
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