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Discriminatory Treatment of the Female Offender in the Criminal Justice System

NCJ Number
103939
Journal
Boston College Law Review Volume: 26 Issue: 2 Dated: (March 1985) Pages: 389-438
Author(s)
L Bershad
Date Published
1985
Length
50 pages
Annotation
This article reviews the needs of female offenders and the manner in which courts have applied the intermediate level of analysis for determining whether disparate treatment of female and male offenders is constitutional; it also suggests methods for producing relevant correctional reform.
Abstract
The evolution of the 'intermediate tier of review' for gender-based statutory classifications focuses on whether males and females are similarly situated or whether a statutory classification is based upon administrative convenience and outworn stereotypes. Results under judicial application of the intermediate standard of review are varied. Although parity is sought by the courts as a goal for the treatment of female offenders in comparison with male offenders, this may not be a satisfactory goal in all areas of correctional life. Women have certain needs that differ from those of men in regard to family relationships, child care, privacy, medical care, and protection from rape and other sexual crimes. Current law and court decisions, however, do not address the differing needs of male and female offenders. This can best be addressed through the application of uniform national correctional standards to State corrections programs. 453 footnotes.

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