Feminist Explanations Of Female Crime Essay

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 look down upon because of their sex. 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 women and the criminal justice system is no different.

There have been many changes in the treatment of offenders by the Criminal Justice System in England and Wales, particularly the treatment of female offenders. The handling of women within the criminal justice system has been closely tied to their social characteristics, and to what might be described as their ‘social construction’. On the other hand, women who compromise more than half of the world’s population, account for only 15% of criminal activity and as a consequence, relatively little attention has been given to them. This essay will explore how this has changed from a historical point of view to modern times, with exploration from cross-culture comparisons and an overview of the treatments of females in prisons.

The United States criminal justice system, an outwardly fair organization of integrity and justice, is a perfect example of a seemingly equal situation, which turns out to be anything but for women. The policies imposed in the criminal justice system affect men and women in extremely dissimilar manners. I plan to examine how gender intersects with the understanding of crime and the criminal justice system. Gender plays a significant role in understanding who commits what types of crimes, why they do so, who is most often victimized, and how the criminal justice system responds to these victims and offenders. In order to understand the current state of women and the way in which gender relates to crime and criminal justice, it is first

A while ago when someone thinks of careers in criminal justice, they most likely imagine men in any positions that come to mind. Maybe because most feel the field of criminal justice is unsafe, stressful, and unpredictable. Before 1972, the number of women employed in the criminal justice system as police officers, correctional officers, lawyers, and judges was a small number. This is understandable: statistics from a study conducted by the U.S. Department of Justice, Office of Justice Programs – Bureau of Justice Statistics show that men outnumber women in all areas of federal law enforcement, in most places making up at least 75 percent of the workforce. Now according to the United States Department of Labor, women make up 46.8% of the US workforce.

Female Criminality consists of several outdated statistics regarding the rise of female offending. However, in viewing the current research on the subject, it appears that the overall theme of this dissertation's discussion is still relevant despite changes in the accompanying statistics as seen in viewing the following topics: the rise in female offending; the continual rise that females are committing more crimes than men; and the types of crimes that women are committing. In viewing Bruce Gross's 2009 article, "Battle of the Sexes: The Nature of Female Delinquency," as well as Elizabeth Cauffman's 2008 article, "Understanding the Female Offender," one can begin to see where current statistics regarding the female criminal lie.

With regards to female sentences, it can be seen on the one hand that the criminal justice system deals with female crimes more leniently than with male criminality, as referred to as the chivalry theory (Pollok, 1983). As many female offences are usually petty wrongdoings, such as shoplifting which makes up for nearly a half of all indictable convictions (Ministry of Justice, 2014), due to their gender, it is most likely that females are to be cautioned over receiving a prison sentence. However, this was not the case for Maxine Carr in 2003. A whirlwind of media interest surrounding Carr’s involvement, with the murders of two young girls from Soham, is argued to be the definitive reason as to why Carr received a prison sentence of three years, all for perverting the course of justice.

Women, since exposed to crime and the theories of criminology, often find ways to conceptualize their position and conformity to punishment and control. (Heidensohn & Silvestri, 2012) Society responds to the way the law responds to females and the crimes they commit. The stereotypical attitudes towards females often lead people to believe a crime of such hate or atrocious aspects cannot be committed by a woman. Women are often sought as the ones needing protection, and less likely to recommit a crime if found guilty, therefore, the justice system is more lenient on women and their punishments. Generally speaking, the law does not bias against male or female, however, in the field of criminology people have proven research that have clearly shown that social characteristics of offenders such as race, gender and class, have influenced the decisions made in the Criminal Justice

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.

According to Lilly, Cullen, and Ball (232) Feminist theory has been on the back burner of modern criminology until the late 19th century. As with the other criminology theories there are many thoughts and ideas on why females commit crimes. In the beginning the theories seem to revolve around the victimization of the female gender. Then criminologist took a look at female delinquency, prostitution, and gender inequality in the criminal justice system. Lilly (233) wrote that Lombroso used physiological traits to determine what type of women would commit crime. Lombroso also argued that the women that committed the most crime were more masculine then the women who did not commit crime. He used physiological immobility, and passivity to make the argument. Lilly (235) also wrote that Sigmund Freud believed the reason women committed crime was because they has “penis envy”. Since women were physical different than men, women would become more aggressive trying to act like the male counterpart in order to fit in with the status quo.

The object of this paper is to explain gender differences in particular types of crime. I intend to do this by using various books and the Internet to briefly explore burglary, prostitution and crime related to a violent nature. I also wish to include any graphs or statistics I may find of interest and relevance to this essay. It has been stated that the differences between men and women, and their upbringing, has greatly influenced the crimes they commit and whether they commit crimes at all.

Despite the general consensus that the number of females involved in crime is continuing to rise, males are still the dominant gender committing crimes, especially for violent offences. This may be why there is a continued lack of research on female offenders using a gender specific approach that accounts for gender differences. Historically, female offenders have been primarily studied using a gender-neutral model comprising mainly male offenders. Although there is support that a gender-neutral model can effectively apply to both male and female offenders (van der Knaap et al. 2012), there has been an ongoing debate on whether the pathways and processes that lead to female offending can be successfully explained and ultimately applied to interventions and preventions by using theories originally created to explain male crime (Steffensmeier & Allan, 1996).

Females are said to be very emotional and if they were troublemakers at a young age they are said to possess “masculine traits and characteristics” (Siegal & Walsh, 2015). Males tend to commit crimes like robbery, assault and burglary. This has changed in the last decade. The rate of offending has decreased for males by 27 percent and females about 15 percent. “Girls have increased their

All feminist theorists share a common focus on gender inequality; however feminism can be described as a set of perspectives rather than a single viewpoint (Strider, N.d.). Therefore, challenging gender biasness in the criminal justice system from the feminist perspective can take many forms given the fact that there a lot of sources of gender inequality in the system. For example, the early theories of criminal behavior largely ignored gender all together and as a result the field has become largely male dominated and males have also been shown to commit more crimes than women on average.

Gender is clearly one of the major factors in the causes of crime as men commit far more crimes than women. “90% of those found guilty are men.” – the poverty site

Feminist criminology emerged out of the realisation that criminology has from its inception centred on men and the crimes they commit. Although it can be argued female criminality was researched by Lombroso, as far back as 1800’s, female crime, it’s causes and the impact in which it had on society was largely ignored by the criminological futurity. Those Criminologist who did attempt to research female crime such as Thomas and Pollak were not only very damning of women but were also very condescending, choosing to stereotype them as either Madonna or whore (Feinman).