ARTICLE: FEDERAL SENTENCING GUIDELINES AND GENDER ISSUES: PARENTAL RESPONSIBILITIES, PREGNANCY AND DOMESTIC VIOLENCE Skip over navigation
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Copyright (c) 1994 The Law Review Association Western State University College of Law
San Diego Justice Journal

ARTICLE: FEDERAL SENTENCING GUIDELINES AND GENDER ISSUES: PARENTAL RESPONSIBILITIES, PREGNANCY AND DOMESTIC VIOLENCE

Summer, 1994

2 San Diego Justice J. 395

Author

Harvey Wallace* and Shanda Wedlock**

Excerpt



I. INTRODUCTION

This Article explores the sentencing of women offenders under the mandatory sentencing ranges set forth in the Federal Sentencing Guidelines (hereinafter "FSG") in order to see how issues of concern to women are taken into account by the Guidelines' narrow statutory bases for departures.

Incarceration affects women differently than it affects men. To the extent that women commit different types of crime than men, their sentences differ from those served by men. Women also serve their sentences under different conditions than exist in men's facilities. In addition, the impact of parental responsibilities, pregnancy, and domestic abuse affect women in different ways and to a different extent than they do men. As a result, the effect of sentencing reform on women differs from its effect on men. This Article will explore the mandatory sentence ranges set forth in the FSG and the sentencing of women, in order to see how certain issues pertaining to women fit into the Guidelines' narrow statutory bases for departures. Under the FSG, gender is not a proper inquiry for judges in determining a departure. Consequently, the FSG affect women differently from men in various areas.

This Article will analyze the FSG and their effect on the sentencing of women in particular circumstances, and will propose amendments intended to make the Guidelines more equitable. Part One discusses the FSG and the specific provisions which particularly affect women. Part Two discusses the problems which arise from the FSG as they are ...
 
 
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