Mississippi Criminal and Family Law BlogIf you have committed a major crime in Mississippi, you might be wondering whether the court will “take it easy” on you. This is obviously something that all defendants hope for, as no one wants to spend more time in prison than they absolutely have to. But is it true that certain members of the population receive more lenient treatment than others? What about older women? At first, you might assume that almost everyone involved in the legal system would be merciful towards an old woman. But your sentence really depends on your unique circumstances. Some crimes are viewed with such disdain that your gender and your age do not play a role in your sentencing. But what can you do if you face charges in Mississippi?
Examples of Charges Involving Older Women in Mississippi
If you want to know how the legal system in Mississippi deals with older women, you might want to consider a few recent examples. On October 14th of 2022, it was reported that an 80-year-old grandmother in Mississippi has been arrested for possessing meth. She had just two grams when police searched her and discovered the drug in her purse. The elderly individual was immediately charged with possession of a controlled substance and booked into a detention center. At the time of her arrest, the defendant was in a car with her two grandsons. When the drugs were found during a traffic stop, the grandmother admitted that the drugs were hers. However, she might’ve “taken the fall” for her grandsons. In any case, this story illustrates that elderly individuals will still be arrested and charged by police in Mississippi for things like drug possession.
Are Elderly Women Treated More Leniently?
The concept of gender bias has been studied carefully over the years. According to a 2012 study, “female defendants receive more lenient sentence outcomes than their male counterparts.”
But does age also play a role in influencing judges during sentencing? A 2014 report found that older people sentenced in federal courts tend to receive much lighter sentences than their younger counterparts. The study put forth various potential explanations for this:
- Judges believe they are not to blame for their own crimes
- Judges believe that they have a lower capacity to commit further crimes
- Judges are swayed by the fact these defendants often have health issues
The last point is particularly notable, and it does not necessarily mean that the judges are taking pity on those with health problems. In fact, it might be down to economics more than anything else. Caring for elderly people with health issues is incredibly expensive. If these individuals were to be incarcerated for long periods of time, the taxpayer would be responsible for paying their medical bills. It is unclear whether this influences judges’ decisions or whether it is part of an unspoken policy.
The study also goes one step further and highlights the fact that older women receive lighter sentences than men. Putting it all together, it becomes clear that the people who receive the lightest sentences on average are older women.
Another study from 2000 found that “older offenders of both genders were sentenced less harshly—they are less likely to be imprisoned than their younger counterparts and, if imprisoned, elderly defendants receive shorter prison terms.”
However, the study found that there was an exception when it came to drug offenses, stating that elderly individuals no longer experienced an advantage when charged with these crimes. In fact, elderly males facing drug offenses were more likely to receive lenient sentences compared to their elderly female counterparts.
This all means that according to the data provided in this particular study, the 80-year-old grandma charged with meth possession is just as likely to face harsh consequences as a young person facing the same crime. In fact, this grandma is even more likely to receive a strict penalty compared to an older male charged with the same crime.
Enlist the Help of a Qualified Attorney Today
If you have been searching for a qualified, experienced criminal defense attorney in Mississippi, Vic Carmody Jr., P.A. is here to help. With our assistance, you can strive for the most lenient sentence possible. Because at the end of the day, the most important factor when seeking positive results is to work with the best attorney you can find. While your age or gender may influence your sentencing, nothing beats effective legal assistance and a solid defense strategy. Book your consultation today to get started.