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The relationship between gender and crime
The relationship between gender and crime
Essay comparing female offender and feminist criminology
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Existing criminal theory suggest that gender is a significant factor in understanding criminality. Compared to male offenders, women have specific needs and tend to offend in different ways and for different reasons. Understanding the needs of women and the nature and cause of their crime is essential to developing an equitable approach to female criminality. Feminist scholars have critiqued the justice system’s approach to gender, with some suggesting that the law is, fundamentally, sexist. As Haney (2000) notes: “Legal interpretations of suffering also failed to acknowledge the distinct quality of women’s pain”; she notes that “[a]ccording to West (1991), men and women experience pleasure and pain differently; men often find pleasure in …show more content…
(p. 649)
The contemporary question of “morality” in cases echoes Lombroso’s views. The significant difference with which female offenders have been treated indicates the legacy of the theorized female criminal and the need for new ways of thinking about female
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Much female crime is due to poverty and abuse, and Balfour (2006) points out that policy has resulted in this increase: “Administrative criminologists such as James Q. Wilson in the United States argued that street crime was brought on by ‘the shiftless poor who were dangerous and permissive people victimizing decent citizens’ … neo-liberalism introduced massive cuts in spending on social services, health, and education, while neoconservative political strategies bolstered coercive institutions such as the military, police, and prisons” (p. 736). Balfour additionally states that “… these data suggest that the increased imprisonment of women is associated with welfare reforms and with cuts to expenditures for social services, mental health, and Education” (Balfour, 2006, p. 740). Those who believe that they are not able to meet their needs lawfully will often turn to illegal measures of doing so. Because women have traditionally been more directly responsible for the care of children than men, and because many poor women are single parents, cuts to social services programs greatly impact these
This essay will explore reasons why females such as Vanessa George turn to the crime of sex offending. Demonstrating my knowledge and understanding of classical criminological theory, exploring biological theories such as penis envy and more contemporary views such as liberation theory within feminism. The essay will then go on to look at the inequalities female sex offenders face within the criminal justice system in comparison with males, using chivalry theory and evil woman theory to explain this.
Aboriginal women account for 24.9% of the general population and 32.5% of the incarcerated female population (Amey Bell, Shelly Trevethan & Nicole Allegri, 2004). Aboriginal female offenders are also responsible for violent crimes (Bell et al., 2004). Aboriginal female offenders have an adverse childhood; the childhood for Aboriginal women are centred around family violence, instability and substance abuse (Colleen Dell & Jennifer Kitty, 2012). The Canadian government is attempting to solve the over representation by implementing bills such as 718.2(e) (Gillian Balflour, 2012). This becomes a challenge to the correctional system since Aboriginal female inmates account for a great number of the prison population despite the bill 718.2(e).
Imagine Kirsty and Marc, a young couple who resort to robbing a house in a desperate attempt to make money. They are caught, charged with the same crime and given the same sentence, except for one thing: the male dominant world we live in does not stop at the courtroom door. Marc is sent to a medium security prison one hour from his family with every opportunity to earn his way into a minimum-security facility. He spends his days learning to cook in the kitchenette and has access to basic necessities like aftershave or hairspray. Meanwhile, Kirsty walks into her frigid six-by-ten foot cell with bars for a door, a toilet in plain view and not a trace of sunlight. She is twelve hours from home with no hope of changing location since there is nowhere else to go. The stories of rapes, beatings and riots told by her new neighbours are endless. Kirsty realizes that the only way for her to survive this place is to oppose nature and forget what it is to feel. This is discrimination against women as they are penalized more severely than men for committing less crime. How can women strive for equality when they cannot attain justice in the justice system itself? The controversy over the gender bias goes beyond the "too-few-to-count" syndrome as Sally Armstrong calls it, it is a question of women's constitutional right to be treated equally.
...ere taken in the initial discussions of getting tough on crime in the late 1960s and early 1970s: the conservative side which argued that “poverty was caused not by structural factors related to race and class but rather by culture – particularly black culture” and the liberal side which argued that “social reforms such as the War on Poverty and civil rights legislation would get at the root causes of criminal behavior and stressed the social conditions that predictably generate crime” (Alexander, 2012, p. 45). The liberals were definitely onto something. The process by which we address crime must account for the intersectionality of our country relative to crime. We must respond by shaping our legal framework around a system that is not racially biased, that takes care of the poor and that accounts for gender differences that largely separate males and females.
The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats. Generally, the public views women as nurturers, motherly and incapable of harming a child. Research indicates that female sex offenders capable of committing such acts have serious psychiatric and psychological problems. In comparison, research indicates male sex offenders are more callous, more antisocial, and promiscuous, involved in the criminal justice system, and have more victims (Miccio-Fenseca, 2012, slide 7). The consensus is that men commit their acts for sexual pleasure while women commit their acts due to psychiatric and psychological problems. Law enforcement, juries, and judges tend to empathize more when there are additional mitigating factors such as emotional or psychological problems. Due to these mitigating factors, it appears treatment of female sex offenders is more lenient than male if their crimes are similar in nature. Research by Miccio-Fenseca (2012) indicates that in comparison to their male counterparts, “female sex offenders rarely use force or violence far less than often…rarely use threats of violence to silence victims…rarely use threats o...
A consistent feature of the statistics, not only in England and Wales but across Europe and America, is that far fewer women are convicted of crime than men – a fact which has changed little over the years. Female offenders also show a different pattern of offending being less involved in violent offences and proportionately more involved in theft. In general most now accept that girls and women do commit fewer offences than boys. GENDER AND PATTERNS OF CRIME Writing in 1977 Carol Smart stated: Our knowledge is still in its infancy. In comparison with the massive documentation on all aspects of male delinquency and criminality, the amount of work carried out on the area of women and crime is extremely limited.
For every crime, the offense and charge are different. In addition, not every crime is committed by the same gender. Crimes such as larceny, fraud, forgery, and prostitution (Chesney-Lind, 1986) tend to be committed more often by women; whereas, assault, murder, trafficking, etc tend to be committed by men. When it comes to the stereotyping of women in the criminal justice system, one could say that women present themselves as victims to reach a lesser sentence or that by presenting themselves as victims they will have a longer sentence that will protect them. Statistical evidence has shown that women do in fact receive lesser and longer sentences when they are convicted of the similar crimes as men; such as drug related crimes (Coughenour, 1995).
Since 1970, there has been an increasing and alarming rise 138 percent of violent crimes committed by women. Still, while the equivalent percentage compared to male violence is small 15 percent to 85 percent the fact that the numbers have elevated so drastically points to something changing in society.
Ricard, Suzanne, Thompson, Jennie. “Women’s Role in Serial Killing Teams: Reconstructing a Radical Feminist Perspective.” Critical Criminology 17(4): 261-275
Of course, we all know from common sense that women are far less likely to be sentenced to death row than men. This should tip us off to the differences that the judicial system discriminates even in matters as important as murder or other capital offences. But within the subgroup of women prisoners there can be a distinction made between the representations of women more likely to be sentenced to death row, or in this case shown compassion while on death row. Hawkins describes this compassion as “typically extended only to female inmates who fit a certain predetermined societal profile of women”. This definition of “women” or “womanhood” is very interesting and deserves to be explored. In my past, I have a conception of women as being sweet and frail; basically incapable of doing wrong because they are too nice or too weak to do so. Women who are too intelligent or too strong are cast off as being masculine or lesbians. When female basketball players are seen on television, they are perceived as trying to be masculine.
Traditionally, there has been little research on or interest in the impact of female crime in modern society. In addition, juvenile crime rates are on the rise, which combine for a void of research or information on female juvenile offenders. In general, crime rates for women offenders have risen since the 1990's. Increasing numbers of young women are also offending at higher rates. In a 1996 U.S. Department of Justice Report, the number of arrests of young women had doubled between 1989 and 1993. Twenty percent of all juvenile arrests were committed by girls, an increase of 87 percent. However, according to The National Study of Delinquency Prevention in Schools, males are far more likely to admit to criminal involvement than are females. For example, 12 percent of males and 4 percent of females reported carrying a hidden weapon other than a pocketknife in the past year (Wilson, p.150). There are several theories for this rise in crime proposed by modern feminists, including that the introduction of women into traditional male roles prompted women to commit increasingly dangerous and violent crimes. However, this paper will rely on Meda Chesney-Lind's theories from The Female Offender.
Not only is prison ineffective in preventing reoffending in women and is expensive, it can be extremely damaging to the female’s well-being and their families. The effect that a custodial sentence has on women is arguably far worse than for men. Women are often not prepared or equipped for their life following their prison sentence; due to the fact that women are more likely to be lone parents before prison (Social Exclusion Unit, 2002), are more likely to leave prison homeless and unemployed (Wedderburn, 2000), and are more likely to lose access of their children whilst serving their sentence (Corston, 2007). Statistics from 2010 showed that around 17,000 children become separated from their mother by imprisonment (Wilks-Wiffen, 2011). This can be absolutely devastating to not only the female offender, but to their innocent children too. Moreover, due to the small number of women’s prisons, the average distance that women are sent away from their homes is around 60 miles (Women in Prison, 2013). Therefore, even if the women are lucky enough to keep in contact with their children, it can be tremendously hard to organise visitation and uphold
The Policies: I would like to start with the observation of the case of female- offenders, than will provide the possible policies solutions and will conclude with the opening for the future studies directions to better secure the mentally sick women, but also the women offenders in general.
While all feminist theorists share a common focus on gender inequality, there are differing views on the source of the problem and the ultimate solution. Liberal Feminists Freda Adler and Rita argued that sociological factors, not physiology, best explain women’s criminality. There is a strong relationship between women’s emancipation and the increase in female crime rates. As women become more liberated and become more involved in full time jobs, they are more likely to engage in the types of crime that men commit. Thrasher, a leading exponent of the social disorganization perspective, felt that girls and women committed less crime because they were more closely supervised by boys and men. These arguments lacked any factual support.
They have argued that left realism does not take into account crimes committed against women, such as domestic violence or rape, (Calor Smart: 1989). They maintained that left realists fail to produce sufficient explanation to why this types of offenses are in the vast majority, perpetrated by man against women. Furthermore, they have pointed out the flaws in the concept of relative deprivation when related to crime. With the rise of equality between women and men in the workplace and other types of environment, crimes perpetrated by women should be constantly decreasing, which has not been seen, (Carol Smart, 1989). Lastly, radical criminologists have debated that relative deprivation cannot fully explain crime because the vast majority of people who can be classified as being deprived do not resort to it, (White, Haines & Asquith, 2012, p.215).