How Women on Death Row Are Still Rare

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Crime and its effects, particularly the rates of mortality, remain a topic of debate to this day. In recent years, there has been a dramatic increase in crime rates, with women's involvement increasing in equal amount. Despite this finding, it is clear that women on death row are still insignificant in compared to men. Based on this viewpoint, this study explores the numerous reasons that contribute to the relatively low number of women on death row in comparison to men. While analyzing the reasons contributing to the rare cases of women on death row, it is important to determine the circumstances that result in death row sentences. Under normal occurrences, courts usually award life imprisonment to convicts in murder cases. Rarely are murder convicts subjected to death sentencing, unless in instances that the court makes a determination that life imprisonment would stand inadequate, based on the facts presented in court and the circumstances under which a murder crime was committed (Van den Haag & Conrad, 2013). Ideally, such an occurrence is a viable reason for the rare cases of women on death row.

Both the rate at which death sentencing is given and the population of women on death row remains low if compared to that of men. In fact, of all the cases of homicide crimes, women contribute only 13%, a figure that translates to 1.9% of all defendants sentenced to death as well as 1.5% of the total death row population of the United States (Muraskin, 2012). Furthermore, for the case of the US, of the 38 states permitting the death penalty, only 18 currently have women on death row, a clear indication that indeed women on death row are still rare.

With the determination that indeed women on death row are still rare, it is important to determine the contributory factors to such an occurrence. Ideally, the actual reason as to why women on death row are fewer than men remains an element of controversy from different quarters. While all agree that the number of women on death row is still low in comparison to the situation with the men, the reasons presented are the differential factors. From one quarter, it is argued that the system has become reluctant in pronouncing of death sentence of women during murder trials (Heise, 2013). Moreover, such a view has become part of the culture, and whenever women are given lighter sentences for the crimes committed as compared to men, it is merely seen as a regular occurrence. Additionally, sexism factor equally plays a role in contributing to the small number of women under death row. Such a factor contributes to a significant level of reluctance in the execution of women despite their involvement in capital offenses that attract death sentencing as it is in the case of men.

Indeed, some of the previous studies conducted on the landscape surrounding the death penalty have revealed elements of gender disparity and bias in the manner in which death penalty cases are handled. Observably, it is clear that the female offenders always have a different kind of treatment from that of the males in the death penalty system (Muraskin, 2012). Despite the fact that unending debate still exists between various scholars on the causes and impact of the gender bias when it comes death row cases, viable information at hand points to the fact that females get a soft touch whenever their cases are handled. As such, the observable determination stands as a definite factor for the existence of fewer women on death row in comparison to men.

From a different perspective, other viable reasons add to the fact that the number of women on death row remains fewer than that of the men. Historically, women have proved to experience limited incidences of repeating severe crimes as well as the less likely to commit murders with other felonies (Hood & Hoyle, 2015). Under numerous instances, individuals charged with death penalties are those with a combination of murder and other felony charges. Based on such a factor, it is evident that the rare occurrences of women on death row stands justified. In the US, for example, the number of female inmates under death row accounts for approximately 1.5%. Meanwhile, from the currently available statistics, the last sentence carried out on the female gender in the United States was in 1984 in North Carolina (Van den Haag & Conrad, 2013), an instance in which the individual was found guilty of poisoning the husband. Besides, looking at the accounts under which jurors and judges mitigate circumstances in women’s criminal tendencies, the results still clearly show a significantly much less likelihood of execution in the United States, a fact that contributes to the low number of females on death row.

The appearance of gender in matters of capital jurisprudence has over time continued to infect all those that make contact with the entire system responsible for the determination of death penalty cases, while also pushing aside concerns regarding the aspects of justice and violent crime reduction (Hood & Hoyle, 2015). From the perspective of a brief definition of a crime, it is a clear illustration that males and females have certain differences concerning committing different kinds of homicide crimes. A similar aspect becomes inherent in the attachment of death penalty to particular types of murder, and as such, the different kinds of murder produce disparate impact on the males who commit murder against the females of similar offenses (Hood & Hoyle, 2015). With such factors making significant contributions towards case determination when gender is involved, results prove that indeed women offenders for capital offenses that attract death penalties get fair trials in comparison to the event of men in similar crimes and as such, the fewer number of women on death row.

Women on death row are indeed still rare especially on the consideration that the current incidences of homicide stand as part of felony murder. Under such aspects, it is considered that a majority of the felony murder formulations as defined under various death penalty status are homicide crimes that occur majorly during rape, armed robbery as well as in incidences of kidnappings (Hood & Hoyle, 2015). In a typical case hearing and determinations under such situations, it is evident that men, unlike the females, are more likely to get capital murder convictions. Such is based on the fact that rape, kidnapping, and armed robbery are acts mostly associated with males than females, and thus a reason for the rare incidences of women on death row in comparison to men.

In conclusion, the few cases of women on death row as compared to men is a justifiable occurrence based on some factors. Regardless of the attributing factors, the number of females under death row convictions stands way little. Moreover, gender plays a vital role in murder case determinations, which ideally presents the picture of bias. However, despite the circumstances attributed to the occurrences, it remains factual that women on death are still rare.

References

Muraskin, R. (2012). Women and justice: it's a crime. Upper Saddle River, NJ: Pearson Education/Prentice Hall.

Heise, M. (2013). The Death of Death Row Clemency and the Evolving Politics of Unequal Grace.

Hood, R., & Hoyle, C. (2015). The death penalty: A worldwide perspective. OUP Oxford.

Van den Haag, E., & Conrad, J. P. (2013). The death penalty: A debate. Springer Science & Business Media.

April 19, 2023
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Law Education

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Identity Learning

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