Sentencing Women

SENTENCING WOMEN: PRE-SENTENCE REPORTS AND CONSTRUCTIONS OF FEMALE OFFENDERS

by Meredith Wilkie

CONTENTS

1. Sentencing in the Higher Criminal Courts
   1. Introduction
   2. Sentencing Objectives
   3. Limits on Discretion
   4. The Sentencing Hearing
   5. Information Relevant to Sentence
   6. The Uses Made of the Information
   7. Sentence Choice
2. The Discourse of Pre-Sentence Reports
   1. The Role of the PSR
   2. PSR Writers
   3. Sources of Information
   4. Compiling the PSR
   5. 'Special' Reports
   6. The Extent to Which PSRs are Requested
   7. Outcomes
   8. PSRs Studied
   9. Methodology
   10. Discourse
3. Gender Bias in Sentencing
   1. 'Due Process' Factors
   2. 'Paternalism'
   3. The Relevance of Difference
   4. Ideologies of Femininity
   5. The 'Dominant Discourses of Femininity'
   6. 'Rendering Them Harmless'
   7. Introduction to This Study
4. Contents of Pre-Sentence Reports
   1. Introduction
   2. Standard Contents
   3. Judges' Requirements
   4. Uses of PSR Information
   5. Describing the Circumstances of the Offence
   6. Explaining Offending Patterns
   7. Offender's Character
   8. Predicting Future Prospects
5. Appraisal in Pre-Sentence Reports
   1. Introduction
   2. Writer's Sex
   3. Appraisal of Offenders in Violent and Property PSRs
   4. 'Tools' in the Construction of a Favourable Report
   5. Examples of Favourable Tools
   6. 'Tools' Used in Unfavourable Reports
   7. Examples of Unfavourable Tools
   8. Offender Appraisal in Drug PSRs
   9. Examples of Favourable and Unfavourable PSRs
   10. Two Writers: Contrary Appraisals
   11. Similar Offenders: Contrary Appraisals
   12. Conclusion
6. Sentencing
   1. Factors Relevant to Sentence
   2. PSR Sentence Recommendations
   3. Variations on Supervised Sentences
   4. Conditions
7. Discussion
   1. Introduction
   2. The Construction of Female Offenders in PSRs
   3. Offender Appraisal
   4. Sentencing
   5. Treatment
   6. Supervision
   7. The Extent of Bias
   8. Towards Non-Biased Sentencing
8. Appendix: Tables

   Bibliography
   

Published September 1993
Price AUD $16.50 (incl gst)
ISBN 0-86422-279-3

Please send orders to crime.research@uwa.edu.au or post to The Crime Research Centre, C/- The University of Western Australia, 14 Parkway, Nedlands, Western Australia, 6907