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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Sentencing Women: Towards Gender Equality

Sentencing Women: Towards Gender Equality

Chapter:
(p.245) 15 Sentencing Women: Towards Gender Equality
Source:
Principles and Values in Criminal Law and Criminal Justice
Author(s):

Elaine Player

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696796.003.0015

This chapter opens the debate to expose what are potentially radical implications for sentencing policy and practice. Specifically it argues that, within the current policy framework, the Gender Equality Duty can be used to justify changes that incorporate an unequivocal commitment to concepts of social justice. Whilst this depends in large measure upon a more equitable allocation of punishments and rehabilitative opportunities to men and women, equality in sentencing cannot be achieved by focusing solely on matters of fair distribution. It must also embody a critical awareness of how conceptions of fairness and just treatment are shaped and rationalized by prevailing cultural norms and values that support and legitimize certain institutional rules and outcomes rather than others.

Keywords:   sentencing policy, gender equality duty, social justice, punishment, fairness, just treatment

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