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The role of women and men in society
Roles of men and women in the Society
Alternatives to prison
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Women are doubly punished for their crime and for their gender
“Women offenders have been doubly punished by penal regimes; firstly for the social offence of their criminal acts and secondly, for the transgressions against the home-centred submissiveness and passitivity that the dominant gender order has required of respectable femininity.”
It is evident that women in prison are more victims than criminals due to their situation outside of prison, however they appear to be doubly punished, once for the crime they have committed and secondly for being a woman, as it does not fulfil the common attributes associated with the gender, thus meaning a harsher treatment usually follows.
Women are understood to be more victims of situation than
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As all short sentences do is limit the opportunities of women, in work for instance, thus putting women in a worse off situation than they were in before. The Justice Select Committee concluded that over 60% of women offenders receive ineffective short-custodial sentences for crimes, which would not ordinarily get prison time . Compared to men of whom only 20% get sentences of under 6months . Lady Corston said she agreed that the "overwhelming majority" of women prisoners "should not be there because they are troubled rather than troublesome" . This illustrates that women are more likely to get prison time than their male counterparts purely due to their failing to meet the gender stereotype not crime. This means alternatives might be more prudent something which MSP Sandra White strongly believes commenting “at the moment prisons lock women away with no help whatsoever to find out where their problems have come from “ . Lord Bingham stated in 2005 that punishment in the community should be the normal punishment for women for which custody is not strictly necessary as it would be more beneficial in producing law abiding citizens . This alternative is seen to be better as the punishment can be tailored to the crime and person. For instance if the female offender has a mental health problem, a treatment order can be attached to the generic sentence, treating the issue instead of punishing it because of perceptions of
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.
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.
Victor Rios states in his well-renowned book Punished, “In 1924, sociologist Edwin Sutherland discussed how boys were taught to be “rough and tough”, rendering them more likely than girls to become delinquent.” (Rios, 2011, p. 131) This quotation alone means that for almost 100 years, if not longer, boys have had a criminality stigma attached to them just because of their gender. Not only is it completely out of anybody’s control to pick their gender, it is also extremely sexist to say that boys are more likely than girls to become deviant in behavior. There are numerous statistics that prove how men are more often targeted than women when it comes to criminal acts, as well as how they are perceived to be more violent and less likely to comply
writers are ‘doubly marginal’, being female and a writer in prison whereas at the same time black women suffer threefold- as a woman, prisoner, and African American”(Willingham 57). Although both of these women are prisoners, one of them is viewed as prison writer and another women is viewed just as prisoner. Beside they being treated just by their race, even in an African American society, the perception of looking imprisoned men and women are different, African American women are subjected for gender difference. Willingham mentions the thought of a African American woman, “African American men are almost made martyrs and heroes when they come out of prison but when African American women go back to their communities, the are not only unfit people, they are also marked with the title of unfit mother, and it’s hard to trust us”
However, this disparity is more of a perception, as the differences of how the actual crime was committed, mitigating factors, and the victims change the overall treatment of female sex offenders and male sex offenders through the criminal justice system. These perceptions cause a belief that female offenders are treated differently than male offenders. These perceptions are unfounded, as they do not include the factors that affect the outcome of proceedings. Because no two cases are similar, a conclusive answer to “fairness” may never be found. Works Cited Center for Sexual Offender Management.
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.
Studies dating back to 1993 show that this has been true for over twenty years. More recent studies show that this disparity is still occurring today. We continue to see males incarcerated more often and for longer terms when compared to females. There are those who argue that gender disparity does not take into account legal characteristics such as criminal history and offense severity. However, studies have been conducted that do in fact take control for those factors. The same outcome is reached. Even with legal characteristics considered, female offenders are less likely to be incarcerated compared to male offenders. Theories have been developed as an attempt to explain why this disparity occurs. Some tend to favor the chivalry/paternalism thesis while others favor the focal concerns perspective. Either way, gender disparity is occurring with no legally relevant reason to explain it. The federal sentencing guidelines were developed in order to prevent disparity from occurring. However, we see that judges still tend to consider extralegal factors when sentencing. It is important that the criminal justice system follow the guidelines set in place so that all cases are sentenced in an equal and fair
The Sentencing Project: Research and Advocacy for Reform. (2007) Women in the Criminal Justice System: Briefing Sheets.
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.
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). Criminologists provide different theories that explain the differences between male and female treatment in the criminal justice system. Once of the known theories that are express by the male counterpart that make up the criminal justice system is ‘chivalry’. By definition, ‘chivalry’ is the protection of women. This term start...
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).
According to a factsheet by The Sentencing Project (2012), more than 200,000 women are incarcerated, including those in local jails. In addition, out of these 200,000 women “1 in 25 women in state prisons and 1 in 33 in federal prisons are pregnant when admitted to prison.” Due to their sentencing, many of these women are forced to give birth while incarcerated. Then days later are separated from their newborn to finish their sentencing. More mothers end up in jails than fathers, and men do not have to worry about bringing their future child into a jail cell like many women do. Granted they may leave their family behind, including a pregnant wife, but they do not have to worry about the care of another human being inside of them while they are behind bars.
First, Chesney-Lind points out that research on female offenders in general is lacking, and that victimization plays a key role in the offending of women. "…Responses must address a world that has been unfair to women and especially those of color and pover...
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.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,