Cesare Lombroso published, The Female Offender, in which he described female criminality as an inherent tendency of women who, in effect, had not developed properly into feminine women with moral refinements” (Lilly, et.al, 2015, pg. 251) Looking at this development, it is easy to question, ‘How should, or even could, the Criminal Justice System respond to female crime? If women are not developing as nature initially intended, many other developments will need to come. Times are changing, along with crime, that is why it is important to identify specific steps on how to handle specific female crime, not only male. The concern for this discussion is teacher/student sex scandals. Everyone is curious on how to react to a case of teacher student sex scandal. While the criminal event is now being looked at as an epidemic, surprisingly, society is all still very shocked when learning of a new case in which a female teacher has become inappropriate with one or more of her students. The criminal justice system is having a hard time keeping up with what has been labeled as a “sexpidemic” (Haverluck, 2015) in our society. Cases have been handled anywhere from minor probation and restraining orders, to hard time in jail or prison. The sentencing lies within pleas and circumstances, but there is still a notable difference between sentencing guidelines …show more content…
Ideally, the criminal justice system could and would outline a clear definition of what punishments should be, implement the punishments, outline stipulations, and put into place a deterrence method and prevention method. There is too much gray area with sentencing and not providing justice. It is recommended that justice is served throughout punishment aside from probation and house arrest. Jail time is ideal for those who chose to act against the law and violate innocent
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.
punishment is an asset to society: it is the only punishment that fits the crime, it deters potential criminals
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects
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...
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
He claimed that the statistics seriously under-estimated the extent of female criminality. From an examination of official figures in a number of different countries he claimed to have identified certain crimes that are usually committed by women but are particularly likely to be unreported. Pollak went on to give reasons as to why there should be an under-recording of female crime. 1. He argues that the police, magistrates and other law enforcement officials tend to be men.
When the criminal justice system was established, the main objective was to create neutrality and fairness between the sexes. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being looked down upon because of their sexuality. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can be strong and courageous just like men. Society stereotypes about women and the criminal justice system are no different. Throughout history, certain crimes have been separated into different categories based on their prevalence.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
While most of the violent crimes that happens most are them are belongs to men, women have not been the wilting flowers promoted so heartily by Victorian adorers and (right or wrong) often evident in today's society. Before we get into detail about the fascinating phenomenon of the Black Widow, it is worth a brief overview of women's escalating role in the world of violent crime, particularly in the United States.
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
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.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Part of the punishment is the elements prisoners must endure while imprisonment. The conditions in prisons can be characterized as harsh and unbearable at times. Cold daunting cells and prison overcrowding evoke mediocracy living conditions (Herzing 2015). Yes, payment for crimes should match the crimes committed. Murders, rapes, and all other odious crimes should evoke a place of lack luster conditions to those of such criminal background (Washington 2016). The amenities once enjoyed by an individual in society should be taken away, if convicted of a crime. The freewill to go to the store, or a movie, to live in certain neighborhoods, should be entities lost due to criminal behavior. Besides the loss of freedoms, how should the prison system effect prisoners?