Gender Bias in the Juvenile Justice System

The rise in juvenile arrests of females has prompted some researchers to closely examine reasons as to these increases. Some researchers have cited gender bias in their research of female juvenile crime and processing. Gender bias occurs in juvenile justice when females are disproportionately charged with certain crimes or sanctioned harsher than males for crimes they commit based on their gender (Justice by Gender: The Lack of Appropriate Prevention, Diversion and Treatment Alternatives for Girls in the Justice System, 2001). A study of the handling of juvenile court cases in Hawaii found some bias to be present. At the early points of handling, it appeared that gender had no effect on decision making once all relevant legal factors were held constant. However, the data collected further suggested that a girl was likely to be more harshly sanctioned than her male counterparts once she got past the early stages. Girls were more likely to receive harsh dispositions for relatively minor offenses, particularly for running away from home. In addition, girls were more likely than boys to be formally disposed and detained for minor crimes and status offenses. The study also found that seriousness of the crime was found to have more of an impact on girls than boys (Chesney-Lind & McDonald, 2001).

According to the American Bar Association and the National Bar Association, girls are disproportionately charged with status offenses. Also, when girls are first charged with a status offense such as running away or curfew violation, they may ultimately be driven deeper into the criminal justice system. Between 1988 and 1997, the use of detention for girls increased 65% as compared with a 30% increase for boys. There is additional evidence that shows girls are being detained for less serious offenses than boys and are more likely to be sent back to detention after release (Justice by Gender: The Lack of Appropriate Prevention, Diversion and Treatment Alternatives for Girls in the Justice System, 2001).