Something I have been reflecting on recently is sentencing disparity in our justice system. In college, I minored in Women and Gender Studies, which I think is an interesting lens through which to view this subject. One of the biggest disparities in sentencing is gender based, with men typically receiving much longer sentences for similar crimes, or general cases being much more criminalized within the system.
According to the U.S. Sentencing Commission’s 2023 report, this isn’t just a general trend but a measurable reality. Between 2017 and 2021, the Commission found that women received sentences that were 29.2% shorter than men, even when accounting for relevant personal and offense-related characteristics. Furthermore, women were 39.6% more likely to receive probation instead of prison time.
These numbers are not anomalies; they represent a pattern in how our legal system views and responds to gender. With incarceration levels the way they are today, one can imagine how hefty these gaps are in 2025.
So why does this happen? Some believe it is because women are seen as less dangerous and therefore less deserving of longer retributive or rehabilitative sentences. Women are also seen as caretakers, needing to return home to their families and responsibilities more than men. However, this leniency is not always a marker of progress or equality. Instead, it lengthens the gaps of gender roles in our justice system and implies that men are somehow more deserving of harsh punishment, no matter the situation.
Also, when race and class are introduced into the picture, these gender disparities become more complex. Black and Latina women, for example, remain disproportionately incarcerated compared to white women, suggesting that whatever gender-based mercy is shown at sentencing is far from being evenly distributed.
And while women may receive shorter sentences, the prison system is not designed to meet their needs. From a lack of proper health care to a lack of programming and protection, women in prison face unique challenges that too often go ignored.
What all of these elements point to is the essential need for deeper accountability in sentencing policy. As someone who will be working in the legal field, I carry these reflections with me. Studying gender dynamics has helped me recognize the invisible forces that shape so many parts of our world, including the courtrooms we hope are neutral.
