Is There a Gender Bias in the USA Court System? Essay

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Introduction

Currently, the American judicial system happens to be the most complicated and intricate in the whole world. Primarily, the American people designed this system to guarantee justice to all Americans regardless of their age, sex, race, or religious belief. Additionally, the American legal system has been an imperative tool that provides a serene substitute to sadism and ensures an equal and just society. In most cases, the United States legal system has been a significant figure in preserving the steadiness of American society. Nevertheless, like in other countries, the American court system has never experienced true equality. In fact, since the time America became sovereign up to the present time, American attorneys have botched to institute a free and fair legal system. Several literature materials provide examples of legal discrimination and bigotry based on gender disparities, race, and affluence in U.S courtrooms. This has resulted in a discriminatory judicial system characterized mostly by gender biases. Although some progress has occurred aimed at addressing gender bias in the United States court system, stakeholders still have a long way to go to address gender bias and fairness in the United States court system fully (Bill Daniels Law Offices 1).

Main body

In the contemporary world, the malefactor still dominates many workplaces. From teaching to law to medicine, men hold senior positions leaving the junior ones to women. Sadly, men have used their positions and autonomous power to harass their fellow female colleagues at the workplace. Moreover, men do not want female colleagues to achieve much as they think women may become cold and hostile. These and many more stereotypes have greatly affected the output of many women working in different workplaces. One main factor that widens the gap between men and women is the miscellany in communication styles. Research shows that in assorted gender settings, men are talkative as compared to women. Interestingly, the research further explains that men tend to barge in the speaker whether a man or a woman. On the other hand, in rare cases do women butt in somebody, and research shows they will only do it to a fellow woman, not a man. Interestingly, women also welcome more interruptions as compared to men. In most cases, gender prejudice in the law profession commences inside the courtroom (Vanfossen 1).

The truth of the matter is there is gender bias in the United States court system. For instance, within the United States courtrooms, male attorneys address female attorneys with demeaning speeches. Male attorneys also have the notion that women attorneys and litigants do not know how to testify before a court of law hence, bound to fail. In another instance that exhibits gender biases in the U.S court system, judges tend to rule in favor of male attorneys. For instance, the most common case that exhibits gender bias in courtrooms is divorce. It is very unlikely a male judge to rule in favor of the female under divorce, a clear indication that gender biases exist in courtrooms not only in the United States but also in other countries. Many rulings from the United States family court portray how gender bias dominates in the court system amid social conditioning. It is quite worrying to see how this stereotype has affected the operation of courts up to the point where it decides the nature of the jury desired. Most feminist literature materials support the idea of gender bias in United States courtrooms with figures for example; females who murder their mates spend 15 to 20 years in jail as compared to six years of men. This is mainly because of gender bias in courtrooms that end up affecting the jury’s desire.

Gender bias in United States courtroom portrays how stereotypes affect the outcome of different types of cases. Male attorneys always have a negative view of female attorneys and end up harassing or intimidating them in one way or another. Some law firms award harder cases to males leaving the easy one to female attorneys. Perhaps this is the reason why many attorney offices clutter male attorneys as hard-working individuals and label female attorneys as disorganized scatterbrains (Sober 41).

In most cases, most promotions done in the law profession involve more men than women. This is gender bias in the courtroom where men assume high positions labeled glass ceiling, leaving female attorneys stagnant in their initial positions for a long time. It is important to note that such positions have a greater impact in the field of law. Moreover, it is quite disturbing when few women represent less than 16 percent of law associates in the United States even when the number of women enrolling in top American law schools increases each year. This means that there is something wrong in the courtroom; a gender-related issue (Fisher 44).

Another factor that underlines gender bias in United States courtroom is the number of female lawyers as compared to men. Statistics released by the American Bar Association’s Young Lawyer Division indicate that the ratio of men to women layers is one to four. Nevertheless, this has not benefitted female attorneys in terms of promotions. For example, the statistics released by this body revealed that 81 percent of female attorneys work as associates in law firms as compared to 54 percent male attorneys. It is quite clear that if law firms promote their employees without gender prejudice, women would benefit most, as they are few (USA: Women in law 90).

Conclusion

In conclusion, exclusion from internal networks, negative attitudes, and stereotypes have prevented women from competing favorably with men in the courtroom resulting in gender bias. Although the United States justice system has taken many positive steps to eliminate the vice, many remain undid. Nevertheless, if society accepts women professionals as capable members in the legal profession, then gender bias will cease to exist in the United States courtroom.

References

Bill Daniels Law Offices. 2010. Web.

Fisher, Daniel. Look Inward, Lawyers. Forbes, 174(3), 2004, 43-44.

Sobel, Carol. NO: Good Intentions Cannot Justify Bad Law. ABA Journal, 81(8), 1995, 41-42.

USA: Women in Law: Making the Case. Women’s International Network News, 28 (4), 2002, 90.

Vanfossen, Beth. Gender Differences in Communication. ITROW’s Women and Expression Conference. 2002. Web.

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IvyPanda. 2022. "Is There a Gender Bias in the USA Court System?" March 22, 2022. https://ivypanda.com/essays/is-there-a-gender-bias-in-the-usa-court-system/.

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