Abstract The writer discusses whether or not the Criminal Justice System is gender blind, whether males or females are favoured by any inherent gender bias, and what an appropriate level of gender bias is for the justice system. The paper cites particular cases and sources that illustrate both sides of the argument.
From the Paper "The blindfold worn by the Lady Justice signifies the impartiality aspired to by the criminal justice system. Ideally, the courts should treat each person before it equally, in a manner blind to any distinguishing features. In reality, our criminal justice system takes into account many distinguishing features of defendants placed within its boundaries. A defendant's age determines whether they will be tried as an adult or juvenile, a determination that brings with it many differences in sentencing options. A defendant's socio-economic status can be seen as determining the quality of legal counsel available, and can also influence sentencing in cases where resources provide better treatment options. While many would like to argue that a person's race does not impact the criminal justice process, studies have confirmed otherwise, finding that the race of the offender and of the victim does play a role in sentencing (Kleck, 1981; Glaeser et al., 2000). Thus, when it is asked whether or not justice is 'gender-blind,' it is not surprising to find out that it is not. Research has consistently found a sex effect operating within the justice system (Daly, 1995). Theorists have offered different explanations for this sex effect, often citing the patriarchal paternalism prevalent in all aspects of modern Western societies (Bernat, 2001; Gilbert, 2001; Daly, 1999). Beyond determining what the sex effects are, and why they may exist, the important question is whether or not justice should be gender blind. The possibility exists that gender disparities in sentencing are simply reflective of actual gender differences within society and therefore, warranted. This paper will provide an overview of the support showing that justice is not gender-blind, the competing explanations for gender biases, and the debate over whether gender bias is warranted as a method of reflecting the actual differences between the genders."
Abstract This paper discusses the treatment of women and girls in the criminal justice system. The paper evaluates the recommendations of the Law Enforcement Assistance Administration Task Force on Women regarding female offenders, female crime victims, and female criminal justice professionals. The paper describes the nature of the changes that have been taking place regarding gender bias and inequality within the justice system.
From the Paper "The criminal justice system provides training to police and law enforcement agencies, prosecutors and judges (Legal Defense and Education Fund 2004). The New York State Police Academy, for example, trains its criminal justice professionals through a week-long Sex Offense Seminar. They are taught how to investigate sex crimes; collect evidence from crime scenes; interview suspects, surviving victims and other witnesses; obtain expert testimony; gather and present forensic evidence; screen for drug-facilitated sexual assault and similar crimes; observe Departmental protocol for crime investigations; recognize trauma syndrome and the surviving victim's emotional needs and rights; and coordinate with crisis programs, health care personnel and related agencies (LDEF)."
Abstract The following issues along with the statistical facts and figures are discussed in this paper: Women Working In Law Enforcement, Women Working in the Courts, Women Employed in Adult Corrections, Women Working in Juvenile Corrections, Gender Bias: The Glass Ceiling and Organizational Culture, Organizational Culture Survey, Gender-Neutral Employment, Females as Correctional Officers, Proven affects of Female Employment in Criminal Justice.
From the Paper "For more than 80 years, in the United States, women have been engaged in police work, where their concerns of considering the participation in law enforcement and career advancement had remained stable for almost sixty years. However, it was not until the 1960s, when legislation and judicial participation started in backing women's demands for equality, perform their duties and the responsibilities then began to expand (exhibit 4-2). It was since then, that the opportunities for women in policing improved. However, female police officers still continue to make slow progress in regard to their ranks."
Abstract This paper examines how women working as professionals in the criminal justice field have gained some respect in recent years; however, the fact largely remains that criminal justice is a very male-dominated field, and women still struggle to acquire equal standing and respect accordingly. It looks at how the percentage of women working in the legal field as judges, lawyers, and similar professionals has increased significantly in recent years and how, despite these increases, women entering the criminal field still face a male-dominated culture and organizational structure, which have limited many opportunities for women to advance in this area.
From the Paper "Discrimination and gender bias may be even more evident within the courts and judicial system. In recent years, forty states and nine federal circuits appointed task forces that investigated gender bias in their jurisdictions. They found that ?female lawyers in court may be called honey, little lady, little girl or are referred to by their first names instead of a professional salutation.? (DOJ, 2003, ABA). The American Bar also published a Report on the Status of Women in the Legal Profession, which indicated that when a female attorney is more aggressive during litigation or other proceedings, a judge is more likely to interpret her behavior as "unnecessary drama" as opposed to being an effective lawyer, as aggression is typically more often appreciated in male lawyers (DOJ, 2003, ABA)."
Abstract This paper looks at racial prejudice in the administration of juvenile justice from the point of view of who gets locked up, what happens once they?re in, and the built-in system cruelty. Incarceration statistics are included. A discussion of race as a factor in whether the juvenile offender receives mental health care and what actually goes on inside the juvenile justice system are topics addressed by this paper.
From the Paper "Juvenile Justice System (JJS) increased by 41%; but more disturbing is the fact that in that time period, delinquency cases involving blacks jumped 78% and cases involving other non-white youths skyrocketed by 94% (Lardiero, 1997). Another key fact illustrating the institutional bias against minority kids is found in a 1987 study (by the National Council of Juvenile and Family Court Judges) of ethnicity in much-preferable private JJS facilities vs. generally miserable public JJS facilities: 35% of private inmates were minorities and 65% were white."
Abstract The paper examines the text "Malign Neglect-Race, Crime, and Punishment in America" by Michael Tonry who argues with the perception that the United States is effectively or compassionately contending with its issues of violence and crime. The paper discusses how Tonry shows the racial divisions and associated distinctions between socio-economic classes that he contends are to blame for a racist criminal justice system. The paper asserts that this is an argument that resonates with the reader.
From the Paper "The text at the center of this discussion is concerned with the harsh imbalances in America's criminal justice system. Professor Michael Tonry's interest is in providing students with an even-handed and straightforward presentation on the subject of criminal proceedings, with a focus on the proclivity of America's system to increasingly pursue a rigid and codified system of penalties which both fails to deter crime and which appears to overwhelmingly target minority and African American demographics."
Abstract This paper examines bias in the media. The paper investigates media ownership, the content of news and entertainment broadcasts, and the relationship between media influence and public opinion, in order to assess the extent of the ideological bias in the media. The paper then analyzes which factors have contributed to media bias in the United States and its effects.
From the Paper "Ideological Bias in the Media: An Analysis Accurately assessing the extent of ideological bias in the media requires investigating media ownership, the content of news and entertainment broadcasts, and the relationship between media influence and public opinion. In recent years, corporate media conglomeration, deregulation, and declining journalistic standards have significantly increased ideological media bias in the United States, which has had a devastating effect on participatory democracy. Media ownership is more concentrated than ever before and serious coverage and debate of public issues such as war, taxes, corporate crime, education, political corruption, and pollution is disappearing right before our eyes."
This paper examines the inherent bias in the death penalty and attempts to establish the root of this bias which has seen an unequal proportion of minorities and blacks executed compared to whites.
Abstract Laws are established according to the prevailing norms and customs existing in society. Thus, the law is merely a codified edict of social conformity. However, when building consensus, there is rarely, if ever, unanimous decision-making. Bias is always prevalent. Even though every citizen is equal before the law, not every citizen may be judged equally before the law. This paper illustrates this principle by using the death penalty as an example, and showing that it is racially biased and disproportionately handed down in cases involving racial minorities. It shows this through the use of statistics and by illustrating factors that lead to the discrepancy between the proportion of minorities in the population and the proportion of minorities sentenced to death in the judicial system.
From the Paper "Since its inception, the death penalty has encountered constant opposition, and has been embroiled in court cases challenging its constitutionality. Opponents of the death penalty challenge it under the eighth amendment of the constitution, which prohibits cruel and unusual punishment. One of these most notable cases is that of Furman v. Georgia (1972). In this case, Justice Marshall, who wrote the majority opinion, explored the roots and different facets of the death penalty, and ultimately "arrived at the conclusion that the death penalty violates the Eighth Amendment..." (Furman v. Georgia, 1972). One key point of evidence was his contention that the death penalty is discriminative, and in presenting supporting evidence, he believed "that the following facts would serve even the most hesitant of citizens to condemn death as a sanction..." (Furman v. Georgia, 1972). He states that out of 3,859 people who have been executed since 1930, 1,751 were white, and 2,066 were black. 3,334 of the executions were for murder, of which 1,664 were white, and 1,630 were black."
Abstract This paper explores the myriad of ways in which media bias in the United States and the United Kingdom can affect the manner in which specific news events are conveyed. The author uses the Israeli fence as an example of this bias, with news stories from the US and UK cited throughout.
From the Paper "The oft-cited special relationship that exists between the United States and the United Kingdom infers an ideological common bond, a cultural cohesiveness and a political partnership that is supposed to transcend petty misunderstandings and trans-Atlantic ..."
Abstract In this article, the writer explores the issue of media bias in Newsweek magazine and the Washington Post newspaper. The writer focuses on two different articles on the same media event. The writer then discusses how both Newsweek and the Washington Post reflect bias based on the quotations chosen for the story.
From the Paper "The United States has long prided itself on having a free press. The journalism field conversely has long purported to be non partisan and fair in its reporting practices. However, close analysis of media outlets often reveals bias in the way certain topics are handled. Reporters are human and often their particular bias creeps into their story and is not eliminated by the editorial staff. This paper will analyze two articles by different media outlets on the same political event and demonstrate liberal and conservative biases in the reporting ... "
Abstract This paper examines the problems associated with researcher bias when the history of religion is studied at an academic level. The author further explores how religion is studied within a Western academic paradigm and its implications for understanding non-Western cultures. Islam is used as an example of a subject that may require a new approach. The author concludes that minimizing bias therefore remains a core challenge for the historian of religion. To achieve this, historians must exercise responsible scholarship by clearly defining terms at the outset of their research, adopting a lexicon and semantic framework relevant for the study, and by acknowledging and expressing the ideological standpoint from which the research is conducted.
From the Paper "Tapper (1995) points out that the anthropology of Islam presumes a Western perspective, rooted in an "application of the methods of cultural/social anthropology to the study of Islam as a world religion," (p. 185). Breaking down this statement makes apparent the challenges to the historian of religion. The history of religion or of any particular religion, like the anthropology of religion, attempts to be scientific in its approach in order to be accepted into the canon of Western academic literature. Thus, the "application of the methods of cultural/social anthropology" infers the application of accepted methodologies, which may include participant/observation in the field of anthropology as Tapper (1995) points out. Historians' methods differ, favoring instead the examination of artifacts or explication of validated primary source texts. Already the historian of religion has a problem, for what constitutes an "artifact" or a "primary source" depends on several intervening factors. Interpretation of historical texts can be especially problematic because not all texts can or should be taken literally; many of the allegories or metaphors within them have lost their original meaning over time; and linguistic or cultural barriers may prevent a complete understanding of the value, import, or impact of those texts on the people under scrutiny. Varisco's (1995) exploration of the tribal lineage of Muhammad emphasizes the importance of adopting the frame of reference most conducive to unbiased understanding. The term "tribe" connotes different things for Muslim and non-Muslim people, and the only way to effectively understand Muslim social structure is to grapple with the Muslim meaning of tribe."
Abstract This paper addresses the bias that has long existed in the American news media concerning the treatment of the countries of Palestine and Israel according to recent events in the Middle East.
Tags: COMMUNICATION STUDIES / MASS MEDIA RELATIONS, THEORY, POLITICS, media bias isreal
Abstract This paper studies the subtle cultural biases contained in standardized tests, including IQ tests. The paper asks whether this bias unfairly penalizes those who are not white and middle-class. The paper presents counter-arguments that while significant cultural differences might distort test findings in general, IQ tests are not biased in this way. The paper concludes that IQ tests in particular are constructed so that they can fairly assess intelligence of anyone who has grown up in the United States and can read English.
Abstract This paper considers the issue of bias in the media comparing Fox News with CNN, with a focus on the coverage of Hurricane Katrina and the Judge Alito appointment to the Supreme Court.
From the Paper "Is there bias in the news media? A general impression is that the media itself touts a liberal bias in the broadcast television and print media and a conservative bias on talk radio. The question is ..."
Tags:bias, journalism, journalism, media, fox news, cnn, Hurricane Katrina
Abstract This paper relates the history of women's role in the workplace. The author points out the attributes of gender bias and discrimination. The paper delineates changes in the 20th Century.
From the Paper "This research examines the phenomenon of gender bias in Western society, which can be identified as having both a long history in real-world experience and a long history as a subject for philosophical and moral discourse. The research will set forth attributes ..."
