It is if you let group averages change how you look at and treat individuals.
Why does it matter? How is that relevant to the point being made? If people are given privileged treatment over others in sentencing, isn't that a problem?
Surely we agree it is a problem when people get privileged treatment by the legal system for being rich and connected (ie, OJ Simpson). Surely we agree it is a problem when people get privileged treatment by the legal system for being white. Why do we disagree that it is also a problem when people get privileged treatment by the legal system for being female?
You and Athena appear to be pointing to historical events, as well as present day bias that women face in other areas of life (ie, employment and wages). But again, how is that relevant? And why does it matter who created the bias? If the bias exists and is unfair, shouldn't it be guarded against regardless of where it originated?
And why are we not guarding against category error as I warned about above? A specific woman may have an easier and more privileged life than a specific man, and yet if she can identify with the grouping of being a woman, she should get special treatment in criminal sentencing, because woman in general have had a tough time of things?
So you deny that the Jews were persecuting innocent Germans? I suppose next you're going to claim that the Nazis weren't justified in defending themselves against the Jews who were persecuting them? Why do you hate Gentiles?
Should Bernie Madoff have gotten off with lighter sentencing? Because, y'know, he was born of Jewish parents....
So, are you calling for mandatory sentences, then?
I am personally opposed to mandatory sentences precisely because they don't take into consideration the individual and the individual circumstances which led to the crime. And also because if sentences are mandatory and too harsh, juries may be less likely to convict someone they believe is guilty of a crime but is very sympathetic.
For example: Stealing is wrong, even if you need whatever it is that you stole. But does it really serve a good purpose to send a frail senior citizen who slips a ring of bologna in his/her pocket because there have been too many weeks in a row when the choice was rent vs meds vs food?
Or an 8 year old or a 15 year old, for that matter, who slips a ring of bologna in his/her pocket because the younger siblings at home are just hungry and there's nothing to eat and mom/dad are for whatever reason not providing what is needed.
VS: A young adult who slips a ring of bologna in his/her pocket because s/he is out of grocery money, having spent it all on beer or downloads or whatever?
The loss is identical to the grocer who shouldn't have to absorb the loss for stolen product. But what do you wish to accomplish with your sentence? Do you wish to discourage the offender from repeating his/her offense? If so, would it be better to do something to ensure that the offender actually has enough food to eat? Or gets appropriate personal finance/allowance maintenance training so they know how to budget responsibly?
I am probably the only person in America but I believe that for the most part, we give out sentences which are far too harsh and which are counterproductive.