Discrimination Of Women In The Criminal Justice System

Historically, criminology was significantly ‘gender-blind’ with men constituting the majority of criminal offenders, criminal justice practitioners and criminologists to understand ‘male crimes’ (Carraine, Cox, South, Fussey, Turton, Theil & Hobbs, 2012). Consequently, women’s criminality was a greatly neglected area and women were typically seen as non-criminal. Although when women did commit crimes they were medicalised and pathologised, and sent to mental institutions not prisons (Carraine et al., 2012). Although women today are treated differently to how they were in the past, women still do get treated differently in the criminal justice system. Drawing upon social control theory, this essay argues that nature and extent of discrimination

The violation of both cultural and gendered norms, results in women offenders to be labelled as mad, bad, or sad, and as the sexualised female offender, masculinised female offender, mad female offender, and the victimised female offender, by the criminal justice system and society to explain their criminality (Weare, 2013). The case studies of Tania Witika, Macsyna King and sex workers in New Zealand demonstrates how discrimination can impact upon women’s experience within the criminal justice system, as stereotypes determines which kinds of women are more likely to be arrested, found guilty, imprisoned or referred for psychiatric treatment (Carraine et al., 2012).

In criminological history, discrimination against women was so evident and naturalised because for centuries, the underlying concept of ‘patriarchy’ or the power of men over women made it acceptable to stereotype women to subordinate women to male power (Carraine et al., 2014). Discrimination against women was maintained by the privileged group, that is men, and operated on multiple dimensions on an individual, institutional, and cultural level (Bell, 2010). On a cultural level, women were believed to be naturally suited to the domestic sphere, and