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NCJRS Abstract

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NCJ Number: 41828 Find in a Library
Title: DISCRIMINATORY SENTENCING OF WOMEN OFFENDERS - THE ARGUMENT FOR ERA IN A NUTSHELL (FROM FEMALE OFFENDER BY LAURA CRITES - SEE NCJ - 41826)
Author(s): C E TEMIN
Corporate Author: D C Heath and Co
United States of America
Date Published: 1976
Page Count: 18
Sponsoring Agency: D C Heath and Co
Lexington, MA 02173
Format: Document
Language: English
Country: United States of America
Annotation: HISTORICAL ANALYSIS OF THE FIGHT AGAINST SEX-BASED DISCRIMINATION IN CRIMINAL SENTENCING STATUTES PRESENTS A STRONG EXAMPLE OF THE ABSOLUTE NECESSITY FOR THE EQUAL RIGHTS AMENDMENT.
Abstract: ATTACKS ON STATUTES PRESCRIBING LONGER SENTENCES FOR WOMEN OFFENDERS THAN FOR MALE OFFENDERS CONVICTED OF THE SAME CRIMINAL CONDUCT, SUCH AS PENNSYLVANIA'S MUNCY ACT AND A SIMILAR NEW JERSEY STATUTE, ACHIEVED THE IMMEDIATE GOAL OF OVERTURNING THE STATUTE, BUT FAILED TO ESTABLISH JUDICIAL RECOGNITION THAT CLASSIFICATION BY SEX ALONE VIOLATES THE FOURTEENTH AMENDMENT. SINCE ANY CASE BY CASE ATTACK WILL BE SUBJECT TO THE SAME PITFALLS, ONLY RATIFICATION OF THE EQUAL RIGHTS AMENDMENT CAN ASSURE THAT STATUTORY SCHEMES, SUCH AS DISCRIMINATORY SENTENCING ACTS, WILL CEASE TO EXIST....ELW
Index Term(s): Civil rights; Constitutional Rights/Civil Liberties; Discrimination; Equal Protection; Female offenders; Females; Judicial decisions; New Jersey; Pennsylvania; Reform; Sentencing disparity; Sentencing/Sanctions; State laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=41828

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