Gender and sentencing in heroin trafficking in mainland China

Abstract

This thesis examines the role of gender in the sentencing of heroin trafficking in mainland China. Specifically, the purpose of the study is to determine whether gender has an impact or influences the sentencing decision in these types of cases and is based on an examination of selected cases from the China Judgements Online database – a publicly accessible case information system. This study explores the distinctive setting of heroin cases as an example of the decision-making process and practices of drug offenses handled in the criminal justice system. The study especially focuses on cases involving female defendants accused of heroin-related charges in order to determine whether their gender affects the way judges make decisions. This study selects 65 cases include 76 offenders and the analysis will involve a thorough review of the verdicts to search for any explicit mentions of gender or any signs of bias in sentencing. The study draws on and examines the relevance of theoretical frameworks like the Evil Women Hypothesis, which holds that female drug users may be treated more harshly than male drug users, and the Chivalry and Focal Concerns Theory. These theories contend that the differential treatment of women depends on societal perceptions and gender roles. The results will shed light on potential biases or inequalities in the treatment of female defendants and add to a larger discussion on gender inequities in criminal justice systems. In the end, this study may point out the necessity of reforms or interventions to guarantee a fair and equal judicial process, regardless of a person's gender, in situations involving heroin.