Protection or Punishment? Assessing Gender-Sensitive Policing and Legal Frameworks for Women in the Criminal Justice System

This study examines whether criminal justice systems prioritize protection or punishment for women in conflict with the law by assessing gender-sensitive policing and legal frameworks. Despite global commitments to gender equality, women often face discriminatory laws, biased policing, and harsher sentencing due to entrenched gender stereotypes. Through an analysis of national legal frameworks, criminal laws, and law enforcement practices, this research evaluates the extent to which justice systems accommodate women’s unique vulnerabilities, such as gender-based violence, socioeconomic marginalization, and caregiving responsibilities. Findings reveal persistent gaps in gender-responsive justice, including inadequate training for police, lack of diversion programs, and punitive rather than rehabilitative approaches. The study argues for legal and policy reforms to ensure fairer treatment of women, emphasizing restorative justice, trauma-informed policing, and structural safeguards against systemic bias. By addressing these disparities, criminal justice systems can shift from punitive measures toward equitable, rights-based protection for women offenders.

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Publication Details

Journal
Al-Qadha Jurnal Hukum dan Syar iah
Published
2025-06-07
DOI
https://doi.org/10.64317/alqadha.v1i1.6
Citations
2
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
8.40
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article

Protection or Punishment? Assessing Gender-Sensitive Policing and Legal Frameworks for Women in the Criminal Justice System

Sahatiah Sahatiah
2 citations
Al-Qadha Jurnal Hukum dan Syar iah
Criminal Justice and Corrections Analysis
8.40
article

Protection or Punishment? Assessing Gender-Sensitive Policing and Legal Frameworks for Women in the Criminal Justice System

Sahatiah Sahatiah
article en
2 citations

Abstract

This study examines whether criminal justice systems prioritize protection or punishment for women in conflict with the law by assessing gender-sensitive policing and legal frameworks. Despite global commitments to gender equality, women often face discriminatory laws, biased policing, and harsher sentencing due to entrenched gender stereotypes. Through an analysis of national legal frameworks, criminal laws, and law enforcement practices, this research evaluates the extent to which justice systems accommodate women’s unique vulnerabilities, such as gender-based violence, socioeconomic marginalization, and caregiving responsibilities. Findings reveal persistent gaps in gender-responsive justice, including inadequate training for police, lack of diversion programs, and punitive rather than rehabilitative approaches. The study argues for legal and policy reforms to ensure fairer treatment of women, emphasizing restorative justice, trauma-informed policing, and structural safeguards against systemic bias. By addressing these disparities, criminal justice systems can shift from punitive measures toward equitable, rights-based protection for women offenders.

Al-Qadha Jurnal Hukum dan Syar iahVol. 1(1)
Universitas Dayanu Ikhsanuddin (ID)
Gender equality
Openalex Percentile: Top 3%
Criminal Justice and Corrections Analysis
8.40
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Protection or Punishment? Assessing Gender-Sensitive Policing and Legal Frameworks for Women in the Criminal Justice System — Sahatiah Sahatiah · Al-Qadha Jurnal Hukum dan Syar iah (2025) | TGRS Research Map | TGRS