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Psychological Explanations in Sentencing Women in Tasmania

NCJ Number
161061
Journal
Australian and New Zealand Journal of Criminology Volume: 28 Issue: 3 Dated: (December 1995) Pages: 298-322
Author(s)
T Henning
Date Published
1995
Length
25 pages
Annotation
This paper presents details of the principal findings of a study undertaken in Tasmania (Australia) that analyzed the explanations of female lawbreaking contained in presentence reports prepared for the Tasmanian Criminal Court as well as in the written comments made by judges in passing sentence.
Abstract
The first section of the paper provides a brief outline of the criminological tradition that links female deviance to psychological abnormality. This sets the context for the examination of the presentence reports and judges' comments in the sentencing that follows. The study involved 75 female offenders sentenced for arson, personal violence other than homicide, burglary, and homicide during the years 1981-91. Findings show that presentence investigators and judges viewed female deviance predominantly as a function of psychological disturbance. Although other factors were also considered to explain women's criminal conduct, these factors tended to be discounted or subsumed into psychological explanations. Data also showed that the evidence in support of psychological dysfunction in the cases examined was often weak or questionable. Implications of these findings are discussed, particularly the possibility that other significant aspects of the case may be ignored and that over-emphasis on psychodynamic explanatory factors may produce a distorted view of the offenders and their behavior. 3 tables and 50 references