Authored By: Tripti Mishra, BBA LLB, Vijaybhoomi University, & Co-Authored By: Shritika Dubey, BBA LLB, Vijaybhoomi University
Abstract:
The death penalty is still a divisive topic that is frequently discussed and examined in the legal, social, and ethical spheres. The gender dynamics surrounding the death penalty have been a central topic of discussion in this discourse, with a focus on the experiences and viewpoints of women. This study aims to explore the complex relationship between gender and the death penalty by offering a thorough examination of how men and women are treated differently in the criminal justice system.
Gender differences in the use of the death sentence throughout history have been indicative of larger cultural attitudes and prejudices.
Gendered narratives and perceptions have frequently been applied to women convicted of capital crimes, causing their acts and motivations to be viewed through the prism of gendered expectations and stereotypes. This study examines the ways in which legal frameworks and social views of women’s roles and conduct interact to influence how women are treated in the criminal justice system.
This study explores the experiences of women on death row through a series of case studies, illuminating the ways in which gender dynamics appear in court cases and sentence decisions. The cases of Aileen Wuornos, Andrea Yates, and Ethel Rosenberg show the interconnectedness of variables including mental health, parenthood, and marital involvement in capital cases, and they offer moving illustrations of the difficulties inherent in gendered depictions of female offenders.
An examination of gender prejudice in legal representation and courtroom proceedings is at the heart of the analysis. When it comes to providing mitigating evidence and obtaining competent legal counsel, women who are facing the death penalty frequently face structural obstacles. These disparities are made worse by differences in jury selection and sentencing decisions, which feeds the cycle of prejudice against women in the criminal justice system.
This article looks at women’s experiences in the criminal justice system and also aims to give more voice to women’s opinions about the death penalty. We learn about the wide range of viewpoints influencing discussions about the death penalty by investigating the relatives of victims, advocacy groups, and death row survivors.
This study promotes a more inclusive and comprehensive approach to resolving the challenges of the death penalty by emphasizing the experiences and viewpoints of women.
This study report concludes by highlighting the critical need for changes in the criminal justice system to address gender differences in the use of the death sentence. Gender-inclusive justice systems can be advanced by policy suggestions, intersectional approaches to gender justice, and educational activities. In the end, this study advocates for a reassessment of legal frameworks and societal attitudes to guarantee fair treatment for all people, regardless of gender, within the criminal justice system.
Introduction:
Background and context:
The capital punishment, sometimes known as the death penalty, has long been the focus of intense global discussion and criticism. Its application has differed between nations and legal systems due to its historical and cultural roots. Some passionately oppose it on moral, ethical, and human rights grounds, while others defend for its retributive justice and deterrent effect. The relationship between gender dynamics and the death sentence has become a more prominent topic of discussion in recent decades, with conversations highlighting differences in how male and female offenders are handled by the criminal justice system.
Gender roles, behavior, and guilt have been stereotyped in society at large, and the death sentence has historically been associated with gender inequality and bias. Gendered narratives and views have frequently been applied to women accused of capital crimes, causing their conduct to be viewed through the prism of stereotypes and societal expectations. The historical background of gender inequality in judicial systems has influenced the direction of discussions on the death sentence and prompted a critical analysis of how it affects women who commit crimes as well as those who are victims of them.
Apart from the historical background, the current attitudes and perceptions of society also play a role in determining the implementation of the death sentence, especially with regard to women. Gender, ethnicity, class, and other intersecting identities are complicated and influence how people perceive the criminal justice system. These intersecting identities have a significant impact on legal representation and sentence decisions.
Methodology:
The research paper’s multifaceted methodology examines the gender dynamics surrounding the death penalty by utilizing a range of sources and methodologies. The basis of this research is a thorough analysis of academic literature and empirical studies, which sheds light on the theoretical underpinnings, historical background, and pertinent empirical data. In addition, case law analysis is employed to demonstrate how legal precedents and principles are applied in instances involving women that include the death penalty.
Additionally, narratives, testimonies, and viewpoints of women who are directly affected by the death penalty—victims’ relatives, advocacy groups, and death row survivors—are analyzed using qualitative analysis approaches. Through the integration of many sources and approaches, the objective of this research study is to offer a comprehensive comprehension of gender dynamics.
Gender dynamics in death penalty:
Historical overview:
There are notable gender differences in the use of the death sentence when examined in its historical context. For a large portion of history, women who were charged with death crimes were frequently seen as abnormal and aberrant, going against social norms on morality and femininity. Women were punished more severely than males in many countries for perceived breaches, which was a reflection of deeply rooted patriarchal ideas regarding women’s behavior and sexuality.
For instance, women who were suspected of witchcraft throughout the Middle Ages were disproportionately targeted for execution and frequently subjected to cruel kinds of torture and public execution. The witch hunts of this era were a reflection of a larger social unease about women’s autonomy and power, as they were seen as challenges to both religious dogma and social order.
Comparably, women were more likely than men to be executed in colonial America if they were found guilty of crimes like adultery or infanticide. The legal codes of that era mirrored the beliefs that were prevalent at the time regarding women’s morals and home responsibilities, and the punishments prescribed were based on gendered standards of behavior.
2.2 Stereotypes and Perceptions in Society:
The death sentence is still applied with some influence from societal beliefs and preconceptions, especially when it comes to women. Public views of female criminals are shaped by gendered narratives and stereotypes, which frequently depict them as anomalies from conventional ideas of femininity and maternal instinct. In media coverage, women who commit violent crimes are frequently sensationalized and their acts are attributed to emotional or psychiatric instability rather than intentional agency.
Furthermore, views of guilt and punishment are shaped by the intersections of race, class, and other social identities with society ideas regarding women’s duties and behavior. The disproportionate representation of women from marginalized groups, including women of color and those from low-income families, on death row is a reflection of systemic disparities within the criminal justice system.
2.3 Gender Bias and the Legal Framework:
Gender bias is pervasive in the legal framework surrounding the death penalty, as evidenced by differences in sentencing results and legal representation. When it comes to getting adequate legal representation, women who are facing the death penalty frequently face structural obstacles, and their defense is given insufficient funding. Gender biases can also be seen in legal procedures, as judges and juries may treat female defendants differently due to stereotypes and prejudices.
Furthermore, gendered expectations of repentance and rehabilitation may have an impact on the sentence decisions made for women convicted of capital offences. Women who follow gender standards and show contrition may be seen as more deserving of forgiveness, while those who don’t may be subject to more severe punishments.
2.4 Intersectionality’s Effects on Race, Class, and Gender:
The dynamics of death sentence cases are further complicated by the intersectionality of race, class, and gender. Due to the forms of injustice and prejudice that they experience throughout the criminal justice system, women from marginalized groups are disproportionately represented on death row. For instance, historical and institutional racism has affected the lives of women of color, and racially prejudices increase their susceptibility to harsher penalties.
In addition, women from low-income families could not have access to sufficient legal counsel or other forms of support, which would compound their disadvantage in the criminal justice system. Given the intricate interactions between social identities and structural injustices, resolving inequities in death sentence cases requires a comprehensive strategy, which is highlighted by the intersectionality of race, class, and gender.
In summary, the experiences of individuals involved in capital punishment cases are greatly influenced by gender dynamics; historical legacies, cultural attitudes, legal biases, and intersecting identities all have an impact on the final result. A multidimensional strategy that recognizes the intricate interactions between gender, racism, class, and other social issues inside the criminal justice system is necessary to address these discrepancies. Through questioning gender norms, promoting fair legal representation, and acknowledging the interconnectedness of oppression, we can work towards a more just and equitable approach to capital punishment.
Women on death row: Case studies
Compared to male perpetrators, women are comparatively uncommon on India’s death row. Nonetheless, there have been cases where women have been found guilty of capital offences, igniting discussions and posing issues related to the dynamics of gender within the criminal justice system. The case studies that follow illustrate noteworthy incidents of Indian women who were executed:
Shabnam Ali vs. State of Uttar Pradesh (2010) 7 SCC 525:
An Uttar Pradesh native, Shabnam Ali became well-known in 2008 for her part in the killing of seven family members, including her parents and a ten-month-old nephew. It was reported that her lover Salim’s relationship with her was the reason behind the crime. In 2010, a sessions court found Shabnam and her boyfriend guilty of the crimes and condemned them to death. The case attracted a lot of attention, and conversations about the impact of toxic relationships, familial pressure, and society standards on criminal behavior centered around these topics. The complexity of gender dynamics and interpersonal interactions in the context of capital crimes was highlighted by Shabnam’s case.
Seema Gavit and another vs. State of Maharashtra (2001) 1 SCC 7:
In Maharashtra, Renuka Shinde and her sister Seema Gavit were found guilty of kidnapping and murdering children in exchange for a ransom. Over a period of several years, the sisters and their mother were involved in a string of kidnappings and killings. Their story brought to light how criminal behavior is passed down through generations and how socioeconomic circumstances affect crime. The Bombay High Court had condemned the sisters to death in 2001, despite their mother’s alleged pressure and their tragic upbringing being cited as mitigating considerations. The case brought up concerns regarding the effectiveness of rehabilitation programs for women who have engaged in criminal activity as well as the part that structural flaws play in failing to address underlying societal problems.
Nalini Sriharan vs State of Tamil Nadu (1999) 5 SCC 253
Convicted for her role in the 1991 assassination of former Indian Prime Minister Rajiv Gandhi, Nalini Sriharan was a member of the Liberation Tigers of Tamil Eelam (LTTE). At first, Nalini and the other accomplices received death sentences. But after clemency pleas, her sentence was reduced to life in prison. Nalini’s case spurred discussions regarding the death sentence; the main points of contention were her purported transformation during her incarceration and issues with the trial’s procedural errors. The case brought to light the intricate relationships between political violence, justice, and rehabilitation when it comes to capital offences perpetrated by women.
These case studies shed light on the variety of situations and intentions that lead to women committing death crimes in India. Their activities stem from a variety of circumstances, including political radicalism and family conflicts, all of which are complex and need for a sophisticated understanding. Furthermore, these cases highlight the necessity of gender-sensitive methods in the criminal justice system, acknowledging the particular difficulties and vulnerabilities encountered by female offenders. India can strive towards a more equitable and just strategy to dealing with capital crimes perpetrated by women by addressing systemic disparities and offering sufficient assistance and rehabilitation facilities.
Gender Bias in legal representation:
Defense lawyers’ role and mitigation techniques
Defence lawyers play a critical role in ensuring fair trials and defending the rights of those facing the death penalty. Gender prejudice, however, can have an impact on legal representation and result in differences in the caliber of defence offered to defendants who are male or female. Compared to their male counterparts, female defendants may have difficulty finding qualified legal representation since their defence is given fewer resources. Defence lawyers may also utilize gender-specific mitigation techniques in an effort to humanize female defendants and play on victim and feminine stereotypes. These tactics could involve highlighting the defendant’s responsibilities as mothers, carers, or abuse victims in an effort to lessen guilt and obtain a more lenient sentence. Nevertheless, depending too much on gendered stereotypes can bolster essentialist ideas about women’s responsibilities and thwart initiatives to rectify structural injustices in the criminal justice system.
Gender Biases in Jury Selection:
Although jury selection is a major factor in deciding whether to execute a person, it can also affect the jury’s makeup and opinion of the accused. According to research, women are frequently underrepresented on jurors in capital cases, and juries predominately made up of men are more likely to sentence female defendants to death. Jurors’ impressions of female defendants may be influenced by gender stereotypes and biases, which could result in decisions based on preconceived conceptions of women’s morals, conduct, and guilt. Moreover, female jurors might experience pressure to uphold gendered norms of compassion and empathy, which could affect their choices in capital cases. In order to address gender gaps in jury selection, steps must be taken to increase implicit bias awareness and encourage diversity and inclusivity among the jury pool.
Managing Gender Bias in the Legal System Presents Difficulties:
There are still major obstacles in the way of guaranteeing fair treatment for female defendants in capital cases, even in the face of attempts to rectify gender bias in the legal system. Laws and customs may reinforce gender inequality and stereotypes, compromising the rights and dignity of women charged with homicide. The difficulties experienced by female defendants are further exacerbated by the ways in which cultural views of gender roles and behavior interact with those regarding other forms of discrimination, including race, class, and sexual orientation. Systemic changes are needed to address gender prejudice in the legal system, such as gender-sensitive legal practitioner training, inclusive and diverse legislation, and actions to counteract unconscious bias across the criminal justice system.
Women’s perspective on Capital Punishment:
Families of Victims and Survivors:
Discussions concerning the death penalty are heavily influenced by the perspectives of families and survivors of capital offences. Many see retribution and closure for their losses in the quest of justice through the death penalty. On the other hand, some argue for different approaches to healing and accountability, contesting the idea that executions offer significant resolution. The views of women in victim families and survivor communities represent a wide variety of viewpoints and life experiences, underscoring the intricate and varied character of reactions to the death penalty.
Advocacy Organizations and Activism:
In opposition to the death penalty and in support of changes to the criminal justice system, advocacy organizations and activists are essential. Women-led organizations frequently highlight the viewpoints and experiences of women who have been affected by the death penalty, elevating their voices and enlisting support for abolitionist initiatives. These groups take part in a variety of activist activities, such as lobbying for legislation, running public awareness campaigns, and offering direct assistance to those who are facing the death penalty. The abolitionist movement’s female leadership emphasizes how crucial it is to confront systemic inequities in the criminal justice system with gender-sensitive strategies.
Death Row Experiences and Gendered Trauma:
Within the walls of confinement, women on death row face particular types of trauma and vulnerability. The difficulties faced by female prisoners who are about to be executed are made worse by gendered factors, such as the frequency of sexual assault, poor access to healthcare, and small social support networks. In addition, women incarcerated on death row frequently struggle with the psychological effects of their imminent execution, experiencing emotions of loneliness, helplessness, and despair. In order to address gendered trauma in the context of the death sentence, comprehensive strategies that put everyone affected by the death penalty’s well-being and dignity first are needed.
Reforming the criminal justice system:
Policy recommendations:
- In order to address gender bias and inequality within the criminal justice system, comprehensive policy reforms that priorities accountability, equality, and fairness are necessary. Policy proposals ought to cover every facet of the legal system, from sentencing guidelines to law enforcement tactics. Among the important policy suggestions are:
- To ensure fair treatment for all people within the criminal justice system and increase awareness of latent biases, law enforcement officers, judges, and legal professionals should receive gender-sensitive training.
- Putting into practice rules to guarantee that female defendants in capital trials have sufficient legal representation; these rules should include resources and mitigation tactics tailored to the genders of the accused as well as measures to address the particular needs of these women.
- Changes to jury selection procedures that support inclusivity and diversity, such as steps to boost the number of women and minorities on juries in capital cases.
The creation of gender-responsive sentencing guidelines, which take into account variables like socioeconomic position, a history of trauma, and caregiving duties, aims to reduce the differences in sentencing outcomes for male and female defendants.
creation of resources and support services for women affected by the criminal justice system, such as access to counselling, trauma-informed care, and reintegration programs for people who have served time in prison.
Intersectional approaches to the gender justice:
- Gender justice via an intersectional lens acknowledges the nuanced ways in which experiences within the criminal justice system are shaped by a person’s gender, color, class, sexual orientation, and other social identities. By demonstrating how privilege and oppression are intertwined, intersectionality draws attention to the necessity of laws and other initiatives to address several types of discrimination at once. The following are important tactics for implementing intersectional approaches to gender justice:
- Integrating intersectional analyses into campaigning, policy formation, and research endeavors to get a deeper comprehension of the particular difficulties encountered by marginalized people in the criminal justice system.
encouraging cooperation and the formation of coalitions of various social organizations and advocacy organizations in order to confront interlocking forms of oppression and achieve shared objectives for gender justice. - ensuring that underrepresented groups—such as low-income people, women of color, and LGBTQ+ people—are represented in and actively involved in policy formation processes.
- Putting in place focused interventions and programs, such as changes to police, sentencing, and jail practices, to address the unique needs and issues of people who are intersectionally marginalized within the criminal justice system.
Education and Awareness Programs:
These programs are essential for combating gender inequality and advancing structural changes in the criminal justice system. Education campaigns have the power to galvanize public support for abolitionist causes and legislative changes by bringing attention to the death penalty’s disproportionate impact on women and marginalized communities. Important tactics for campaigns promoting awareness and education include:
- Creating training materials and instructional materials to increase understanding of gender bias, intersectionality, and structural injustices in the criminal justice system among students, teachers, and community members.
- Fostering discourse and conversation on gender justice problems by showcasing the experiences and voices of women affected by the death penalty in public forums, conferences, and media campaigns.
- collaborating with grassroots movements, academic institutions, and advocacy groups to plan outreach initiatives and raise awareness of the need for structural changes to the criminal justice system.
- Interacting with legislators, attorneys, and law enforcement officers to push for reforms to the criminal justice system that will advance human rights, gender parity, and accountability.
Conclusion:
We have examined the intricate relationship between gender dynamics and the death sentence in the context of the criminal justice system throughout this research study. We started out by giving a historical review of gender differences in the death penalty, emphasizing the ways in which legal frameworks and sentencing decisions have been influenced by cultural beliefs and prejudices. Case studies with women on death row provided additional evidence of the disparities in treatment and difficulties encountered by female offenders in the criminal justice system. We looked at how gender prejudice affects jury selection, sentencing, and legal representation, highlighting the need for structural changes to alleviate disparities and advance gender justice.
We also looked at women’s viewpoints on the death penalty, including those of advocacy groups, survivors, and the relatives of the victims. Their opinions and experiences demonstrated the wide range of viewpoints influencing discussions about the death sentence and emphasized the significance of giving gender-inclusive approaches to justice and accountability a central place.
It is critical that we go forward by turning our research into specific recommendations for changing the criminal justice system to make it more egalitarian and inclusive of all genders. Legislators, attorneys, advocacy groups, and local residents must work together to accomplish this. Among the crucial things to think about are:
putting in place gender-sensitive training courses for judges, solicitors, and law enforcement personnel in order to promote fair treatment for all people in the criminal justice system and increase awareness of hidden prejudices.
putting in place measures for gender-specific mitigation techniques and support services for female defendants in order to address inequalities in legal representation, jury selection, and sentencing results.
Putting money into public forums, media campaigns, and other education and awareness programs to dispel gender stereotypes and advance structural changes in the criminal justice system.
encouraging intersectional approaches to gender justice, which acknowledge the nuanced interactions between gender, sexual orientation, ethnicity, class, and other social identities in determining how people experience the criminal justice system.
putting women who are affected by the death penalty at the center of advocacy campaigns, policy formulation processes, and decision-making forums to make that their needs and concerns are sufficiently met.
We can work towards a future where everyone is treated with respect, fairness, and dignity within the criminal justice system by giving gender-inclusive approaches to justice and accountability top priority. We can only truly accomplish significant reforms and create a more just and equitable society for all by working together and being committed to gender equity.
Bibliography:
Cite this article as:
Tripti Mishra & Shritika Dubey, “The Death Penalty: Exploring Gender Dynamics and Women’s Perspectives”, Vol.5 & Issue 5, Law Audience Journal (e-ISSN: 2581-6705), Pages 301 to 317 (20th April 2024), available at https://www.lawaudience.com/the-death-penalty-exploring-gender-dynamics-and-womens-perspectives.
