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Criminological Theory - Feminist Criminology

This is a very interesting topic which looks at feminist criminology a...
Module

Criminological Theory (m900)

38 Documents
Students shared 38 documents in this course
Academic year: 2016/2017
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jem gurhy
University of the West of England
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Crime and Society

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Women and Crime: Feminist Criminology 31/1/

Since 1970 feminists have drawn attention to:

  • sexism in the CJS
  • Under-representation of females in official statistics
  • social causes of female crime

Patriarchal criminal justice

Sexist CJS can mean leniency towards women offenders

40% of female offenders compared to 25% of male offenders dealt with out-of-court (cautions) 21% of female convicts compared to 12% of male convicts got conditional discharges. 28% of male convicts sentenced to immediate custody compared to 15% of female convicts.

The existents of sexist ideology lead to different gendered treatments. Often this sexism in the system lead to women offenders being treated favourably by the court/police. But can also lead to female offenders being treated more harshly, especially as crime victims (double victimised)

27% of first time male convicts received immediate custodial sentence compared to 17% of first time female convicts Average prison sentence is 17 months for male convicts compared to 11% months for female convicts. For every category of indictable offence men receive longer prison sentences than women

This allegedly ‘preferential’ treatment may be a result of ‘gender contract’ i. the application of gendered stereotypes to offenders by law-enforcement agents. But or certain offences, CJS treats women victims harshly & male offenders sympathetically.

Reluctant to imprison mothers with young children, in such cases that’s due to the belief of the courts that children should be looked after by the maternal parent.

By contrast men are often treated more harshly for street violence. This is because men are supposed to be prone to being greedy, anti-social. Or they are seen as more dispensable then women in the family life, so they can be sent to prison.

Sexism is most obviously true in cases of violence, rape and sexual cohesion in marriage. Has become more important in police work. Since the 1980s the police have started to make more prosecutions for domestic violence, despite this research shows police still don’t take domestic violence as seriously as they should. Police aren’t always well trained in how to respond to domestic violence.

But sexism in the CJS isn’t just the police. The law itself is riddled with sexism. Until 1991 rape within marriage wasn’t recognised as a criminal offence. The marital contract made it that wives were responsible to provide their husband with sex.

Sexism is also present in the social attitudes of legal judgements. Often tend to blame the female victims in rape cases for somehow encouraging the attack (“women like small children tend to invent stories and cry wolf” “women who say no don’t always mean no” “hitch hikers are asking for it”) These sorts of attitudes are widespread (male) among judges and magistrates. This disadvantages women.

These attitudes are based on that fact that men are controlled by their sexual urges. Can’t help themselves from acting of sexual urges. Therefore, it is up to women to act carefully and take

precautions. This removes the responsibility from male offenders and makes it the responsibility of male victims. Female rape victims are put on trial among the accused. They must establish that they are respectable women (show they don’t have too much to drink etc.) These judgements are based on double standards and are not applied to men. Their defence is not based on the fact that they like pubs/chatting up women. Because that behaviour is expected of men.

Under-representation of women in CJS

95% of prisoners in England and Wales are male 82% of arrests & 75% of court convictions (E&W) are of males

Women commit fewer crimes than men.

How might feminist criminology explain this? ...

(Hagan) Despite the fact that women are employees and have careers, women are still subject to traditional gender socialisation (looking after the household/children) As a result of that women experience greater moral resistance than men to breaking the law.

This happens because girls are taught by their parents to value feminine virtues (nurturing others, modesty, self-control, placid, introspective, devotion to others) Girls are taught to avoid behaviour that’s selfish, impulsive, aggressive. Parents don’t disapprove these traits as much in boys, because boys are expected to act like this. Parents are prepared to excuse or encourage disorderly conduct of their male children but not their female children. As a result of gender socialisation in the family that males are not. Controls that deflect them away from rule breaking.

Primary caring means that any want to break the law is dampened by the thought of their domestic responsibility. Men have greater freedom to break the law.

Women are also controlled outside the family, by male expectations of how women should behave in public. In order avoid being called “slut” etc. women ensure their public image conforms to the masculine ideal of how women should behave.

Because of double burden it reduced the amount of time they have to commit crime. Less freedom to come and go as they please, restricting opportunities to law break (bedroom culture)

Causes of female crime

For Carlen female criminality results from detachment of women from 2 social bonds (class/gender deals)

Class-deal: conformity to law in return for employment and consumer opportunities. People who are poor, ethnically oppressed, drug addiction get into trouble with the law. Carlen suggests that these women have a keen sense of injustice at how their opportunities in society have been closed off. Denied opportunity for a decent life. Opportunities are compounded by criminal record (alienation). Day-to-day humiliations (welfare). Carlen – these women turn to crime as a way of correcting injustice and easy poverty. Because they were detached from the class deal (If you stick to the rules (work hard) you will have class success) These women tried to play by the rules but didn’t do them any good.

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Criminological Theory - Feminist Criminology

Module: Criminological Theory (m900)

38 Documents
Students shared 38 documents in this course

University: University of the West of England

Was this document helpful?
Women and Crime: Feminist Criminology 31/1/17
Since 1970 feminists have drawn attention to:
- sexism in the CJS
- Under-representation of females in official statistics
- social causes of female crime
Patriarchal criminal justice
Sexist CJS can mean leniency towards women offenders
40% of female offenders compared to 25% of male offenders dealt with out-of-court (cautions)
21% of female convicts compared to 12% of male convicts got conditional discharges.
28% of male convicts sentenced to immediate custody compared to 15% of female convicts.
The existents of sexist ideology lead to different gendered treatments. Often this sexism in the
system lead to women offenders being treated favourably by the court/police. But can also lead to
female offenders being treated more harshly, especially as crime victims (double victimised)
27% of first time male convicts received immediate custodial sentence compared to 17% of first time
female convicts
Average prison sentence is 17.7 months for male convicts compared to 11.6% months for female
convicts.
For every category of indictable offence men receive longer prison sentences than women
This allegedly ‘preferential’ treatment may be a result of ‘gender contract’ i.e. the application of
gendered stereotypes to offenders by law-enforcement agents.
But or certain offences, CJS treats women victims harshly & male offenders sympathetically.
Reluctant to imprison mothers with young children, in such cases that’s due to the belief of the
courts that children should be looked after by the maternal parent.
By contrast men are often treated more harshly for street violence. This is because men are
supposed to be prone to being greedy, anti-social. Or they are seen as more dispensable then
women in the family life, so they can be sent to prison.
Sexism is most obviously true in cases of violence, rape and sexual cohesion in marriage. Has
become more important in police work. Since the 1980s the police have started to make more
prosecutions for domestic violence, despite this research shows police still don’t take domestic
violence as seriously as they should.
Police aren’t always well trained in how to respond to domestic violence.
But sexism in the CJS isn’t just the police. The law itself is riddled with sexism.
Until 1991 rape within marriage wasn’t recognised as a criminal offence. The marital contract made it
that wives were responsible to provide their husband with sex.
Sexism is also present in the social attitudes of legal judgements. Often tend to blame the female
victims in rape cases for somehow encouraging the attack (“women like small children tend to invent
stories and cry wolf” “women who say no don’t always mean no” “hitch hikers are asking for it”)
These sorts of attitudes are widespread (male) among judges and magistrates. This disadvantages
women.
These attitudes are based on that fact that men are controlled by their sexual urges. Can’t help
themselves from acting of sexual urges. Therefore, it is up to women to act carefully and take

Students also viewed

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