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- All Subjects: Incarceration
- Member of: Barrett, The Honors College Thesis/Creative Project Collection
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
The emergence of COVID-19 has ravaged through the United States generally and prison facilities in particular. By reducing prison populations and protecting a facility's most vulnerable members, compassionate release is a means of mitigating the consequences of COVID-19 facing prison facilities across the country. This thesis will examine compassionate release requests for the months of March 2020 through May 2020 from minimum and low-security prison facilities within the Bureau of Prisons. By examining this data, the goal of this thesis will be to determine whether the Bureau’s use of compassionate release was conducted in a manner that would protect the well-being of incarcerated individuals in response to the emergence of COVID-19. Similarly, the data will be examined in order to identify any significant differences between prison facilities in their use of compassionate release and subsequent outcomes from COVID-19 infections and deaths. Lastly, this thesis will examine this data to determine whether the Bureau’s use of compassionate release was consistent with the general objective of reducing prison populations and overcrowding in response to COVID-19.