Mad woman or bad woman? : gender disparities in Criminal Court sanctions

Abstract

Historically, the female offender has been significantly neglected, both in criminological texts as well as in research – studies on arrest patterns and criminal sentencing outcomes have centred entirely on males, neglecting the female variable in the process, while research in relation to sentencing decision outcomes have focused on ethnicity, age, and social class. Nonetheless, the effects o the second wave of feminism, the influence of female emancipation and the perception that female criminality has been on the increase has instigated scholars to study the female offender and the effect of gender in sentencing decision-making. This study strives to explore the effect of gender, if any, in relation to sentencing decision outcomes in Malta by analysing community-based sanction cases from the Department of Probation and Parole while exploring adjudicators’ thoughts and professional expertise in relation to the differential treatment of women in the criminal justice system. Whilst quantitative data illustrates gender bias in “feminine crimes” – theft, drug-related offences, sex-related offences, and fraud data from semi-structured interviews demonstrates that gender does not play a role in sentencing practices locally. This study makes recommendations for further research and policy development.