The debate surrounding the impact of gender on sentence severity is ongoing. The majority of the research contributing to this debate has been based in the United States and has focused primarily on the effect that offender characteristics have on sentencing outcomes. This study utilizes 28 years of homicide data from a large Canadian urban jurisdiction to examine the effect that the gender of both the victim and offender has on determining sentence length. Results show that an offender’s gender alone has no effect on sentence length, but that offenders who kill female victims receive longer sentences and male offenders who kill female offenders receive the longest sentences. A deep-sample exploratory qualitative analysis further demonstrates that other gendered factors such as prior victimization and familial roles may have an impact on sentencing decisions in Canada. Future research directions from this analysis are discussed.

The criminalization of women is an area of study that has intrigued many researchers. Using critical race theory, multiracial feminist theory, and radical feminist theory, this research attempts to explain this phenomenon. Through the use of personal interviews with women who are currently reintegrating back into society after being incarcerated, I attempt to uncover the factors which influence female criminality, and analyze the experiences women encounter when confronted by the Canadian criminal justice system. A key hypothesis that fuels this study is that discriminatory practices exist within the Canadian criminal justice system which negatively impact women of colour and Aboriginal women. I argue that the criminalization of women of colour and Aboriginal women occurs as a result of failing to take into consideration the intersectionality of race, class and gender in women who commit criminal acts. This phenomenon occurs due to patriarchal and classist biases that seek to maintain current power structures and relationships by continually oppressing those who do not fit within their group. The findings that emerged from the interviews support my hypothesis and confirm that changes within the criminal justice system are imperative in order to ensure women are treated fairly. / Thesis (Master, Sociology) -- Queen's University, 2009-05-21 12:25:50.747