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The Corsten Report (2007) on women in the criminal justice system states that ‘equal outcomes require different approaches’. Critically consider this statement with reference to research and practice.
In order to demonstrate that equal outcomes for women do require different approaches within the criminal justice system, this essay intends to look at the behavioural and situational differences between female and male offenders. It will highlight the inadequate facilities available for female prisoners. It will also look at the historical differences between crimes committed by males and females and the growing trend of women involvement in drug offences. This essay will also examine the status of mental health of women within the criminal justice system and explore if this issue is more prevalent amongst female offenders.
‘Women and men are different. Equal treatment of men and women does not result in equal outcomes.’ (Corsten Report, 16: 2007) According to Covington and Bloom (2003) numerous feminist writers have demonstrated and documented the patriarchal nature of our society and the variety of ways in which the patriarchal values serve masculine needs. ‘Despite claims to the contrary, masculinist epistemologies are built upon values that promote masculine needs and desires, making all others invisible’ (Kaschak, 11: 1992).
Women are often invisible in the many angles of the correctional system, and this invisibility can act as a form of oppression. Most prisons and institutions are not specific to women’s needs. For example, mother and baby units are limited within the prison system. The UK government website reports that there are only seven prisons within the UK that provide this service. This service may be detrimental ...
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...rgens, R. Stöver, H. Nikogosian, H. (2007) Health in Prisons: A WHO Guide to the Essentials in Prison Health. WHO Regional Office Europe.
• Nicolson, D and Bibbings, L. (2000) Feminist Perspectives on Criminal Law. Cavendish.
• Scratan, P and Moore, L. (2006) Degardation, Harm and Survival in Women’s Prison. Social Policy and Society, 5, pp 67-78.
• United Nations Office on Drugs and Crime (2008) Handbook for Prison Managers and Policymakers on Women and Imprisonment. United Nations Publications.
• Warner, J. (2012) Women and Crime. ABC-CLIO
• Criminal Justice Inspection Northern Ireland: Report on an announced inspection of Ash House, Hydebank Wood Women’s Prison. 18 - 22 February 2013
• Ministry of Justice. (2011) Statistics of Women and the Criminal Justice System.
• https://www.gov.uk/life-in-prison/pregnancy-and-childcare-in-prison - Accessed 18/12/2013 20:36
These women have been increasingly going to jail for longer periods of time for minor crimes, the most frequent crimes that are being convicted are mostly related to drug and alcohol related crimes as well as theft (Mental Health Coordinating Council, 2010). A survey conducted in New South Wales of female inmates had concluded that; 80% are current smokers, 78% have used an illicit drug(s), 67% were unemployed in the six months prior to incarceration, and 66% of these women had also been in a violent/abusive relationship (Mental Health Coordinating Council, 2010). It has been argued that the risk factors for offenders are derived from that of genetic theories of crime and that they are an adequate guide for correctional supervision and treatment-planning decisions for females, however others argue that this approach is highly flawed and does not take into account gender differences (Rettinger & Andrews 2010). This is an issue in the CJS and its importance cannot be undervalued, the assessment for the risk and need has implications for the assignment of female offenders to a correction option that is the least restrictive, the assignment to an appropriate intervention dosage, appropriate targeting of criminogenic needs, and an understanding of female offending (Rettinger & Andrews 2010). Due to the increasingly large number
In 1981 women only made up around 4 percent of inmates in prison. The criminal justice world is very set on race. For example in the book Criminal Justice a brief introduction by Frank Schmalleger, it says that race is so marginalized that even though in the united states population there are only about 13 percent of African Americans, African Americans that are incarcerated account for somewhere around 50 percent. This shows that African American women are more likely to encounter incarceration has opposed to white women. This is also why women’s prisons are study less than men’s prisons. Because there are less violent crimes committed in a women’s prison and there are significantly less women inmates than men. .However, this could soon change in the years coming if the crime rate in women keeps rising like it
Erin G., 2010, A Woman Doing Life: Notes from a Prison for Women: The Southwest Journal of Criminal Justice. New York: Oxford University Press, 2010. Pp. vi, 202, Vol. 8(2)175.
Women in Prison. Washington, D.C.: Bureau of Justice Statistics Varnam, Steve. Our prisons are a crime (reforming the prison system). Editorial. Christianity Today 21 June 1993
Hessick, C. (2010). Race and Gender as Explicit Sentencing Factors. Journal Of Gender, Race &
The U.S is only 5% of the world’s population and houses a quarter of its prison inmates; well over 2 million people. In the past decade the war on drugs has filled many state and federal prisons with a numerous amount of inmates. Building new prisons is not the answer to tackling the prison overcrowding dilemma. The U.S doesn’t have the money due to economic strains, and it will not solve this issue head on as needed. “California may be forced to release up to 33,000 prisoners by 2013” (Shapiro & Wizner, 2011, p.1.). Some women and men do not belong in prison, and should be given other opportunities to sought help. Prison overcrowding is a growing concern in the U.S today. There are many different alternatives to end prison overcrowding versus releasing them into the community. For example by launching a parole support group or treatment or rehabilitation programs for inmates as well as ex-offenders, house arrest or probation are other routes to explore.
The state of women in the United States criminal justice system, an apparently fair organization of integrity and justice, is a perfect example of a seemingly equal situation, which turns out to be anything but. While the policies imposed in the criminal justice system have an effect on all Americans, they affect men and women in extremely dissimilar manners. By looking at the United States' history of females in the criminal justice system, the social manipulation of these females and the everlasting affects that incarceration have on all women, both in and out of prison, this essay will explore the use of the criminal justice system as simply another form of control from which there is no hope of escape. This system of control then leads to the examination of the everlasting, yet never successful, female struggle to balance the private sphere of domesticity with the public sphere of society and the criminal justice system's attempt to keep women within the boundaries of the private.
Works Cited Federal Bureau of Prisons : http://www.bop.gov/ Inciardi, Dr. James A., A Corrections-Based Continuum of Effective Drug Abuse Treatment. National Criminal Justice Reference Service. Available: http://www.ncjrs.org/txtfiles/contdrug.txt. Butterfield, Fox. The "Prison: Where the Money Is."
Society expects the criminal justice system to provide justice for everyone by protecting the innocent, to punish and convict the guilty, and to rehabilitate them in an attempt to stop them reoffending. It is supposed to give fair justice to everyone, regardless of gender, but much is written that suggests that the criminal justice system is gender-biased. Gender bias was not formed by the justice system, but it does reflect the fundamental conditions and attitudes of society. The cost of gender bias to society, the criminal justice system, and to the people within it is enormous. To discuss if the criminal justice system is gender-biased, an understanding should be reached regarding what is meant by the term
Men represent eight hundred ninety-six out of every one hundred thousand prison inmates, while women represent only fifty-six out of one hundred thousand. The rates have increased eight hundred percent since the war on drugs was initiated. Even among women prisoners, racial disparities are glaring. Hispanic and African American women have astronomically higher chances of incarceration than white women. Women are also more likely to be arrested for drug and economic crimes, such as possession or embezzlement (McGrath, 10/29). According to the chivalry hypothesis, the low rates of prosecuted female offenders reflect the leniency with which law enforcement treats women offenders (McGrath, 10/29). Gender differences in aggression and empathy play into the public perception of the ideal offender, and women do not fit the profile. Rather than applying the law equally across genders, police buy into the socially constructed view of women: meek, gentle, caring, empathic, and definitely not capable of cruel criminality (McGrath,
Masculinity is a subject that has been debated in our society for quite some time. Many wonder what it means to be masculine, as it is difficult to define this one –sided term. Pairing this already controversial term with “feminist studies” can bring about some thought - provoking conversation. Feminist studies of men have been around for many years with regards to the feminist movement. It seeks to create gradual improvements to society through its main principle of modifying the ways in which everyone views what it means to be a man. Feminist studies of men bring forth the discussion of hegemonic masculinity; how this contributes to the gender hierarchy, the radicalized glass escalator and ultimately the faults of this theory.
The main issue of this proposal that must be taken in consideration is that many critics argue that men become ignored by feminism and that the argument for non-custodial sentences is feminist exceptionalism at work (Reed, 2013). Many argue that attempting to keep only women out of prison could be seen as sexist towards men and not about equality. However, it is important that equality is understood as not about treating everyone the same, but about treating everyone in such a way that the outcome for both men and women can be the same (Corston, 2007). Consequently, catering to everyone’s individual needs and preventing them from a life of
Many people idealized the relevancy of living in a civilized world, where those who break the law are reprimanded in a less traditional sense of punishment in today’s standard. Instead of just doing hard time, programs and services could and should be provided to reform and rehabilitate prisoner. Despite standard beliefs, many individuals in prison are not harden criminals and violent offenders, many of these people suffer mental illness and substance abuse Hoke
Haney, Craig. "Prison Overcrowding: Harmufl Consequences and Dysfunctional Reactions." Veradc.org. Web. 27 Oct. 2011. www.veradc.org.
2nd ed. of the book. USA: Penguin Books, Ltd. [Accessed 01 January 2014]. The Prison Reform Trust.