“Does the Criminal Justice System have a gendered response towards Filicide when it comes to punishing the offender?”

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.

Male and female offenders alike are incarcerated every day for various reasons. Some commit violent crimes while others are arrested for drug use or public-order offenses. The difference between the two are the rates at which they are incarcerated, the length or harshness of their sentences, for the same or similar crimes committed, patterns of drug use, and previous correctional history. While men still lead in violent crime rates, 54.3 percent male verse 36.6 percent female, women are more likely than men to serve sentences due to drug-related offenses and other nonviolent property crimes (American Corrections, 2016).

Gender and Crime Sex is commonly used to describe the innate biological characteristics of humans constituting their femaleness or maleness. Gender on the other hand, covers the social characteristics and usages associated with one sex or the other. Since such roles and customs can vary and be modified it follows that masculine and feminine the terms applied to the respective genders are much more flexible than female and male. In order to cover the subject of gender and crime it is important to explain its prehistory and standing as well as addressing the extensive material which appeared in the modern

In the multi-faceted dynamics of gender, the declaration of gender neutral is often in fact male oriented and dominated sexism. Gender roles are perhaps reinforced more strongly in law enforcement than any other of our societal systems. Consequently, the hegemonic masculinity (HM) of our patriarchal society has kept men and women in their place (Goodey, 1997), this male dominance that negatively impacts a female’s ability to advance in society appears to play a dual role of discrimination within the criminal justice system. Informal control of keeping women within their gender increases [the perception] of the likelihood of their being law abiding citizens, which may be why we see women being arrested for more incidents of prostitution and

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

The Elizabeth Fry society in an organization created to work with women in each stage of the criminal justice process. The three stages referred to within this organization are women who are at risk, are involved in the criminal justice system, and recovery and transition from institutions, to effectively reintegrate back into society (Elizabeth Fry Society of Greater Vancouver, 2012). The organization was established by Elizabeth Fry, 1839, who was deemed a significant advocate for humane treatment of women, specializing in women and children regarding treatment within the criminal justice system (Canadian Association of Elizabeth Fry Society, 2013). Furthermore, this individual’s insight, and persistence in asserting a role as an

Within the chapter “How Gender Structures the prison system” the issue of sexual assault behind prison walls is brought to light. Female prisoners were being sexually violated and humiliated. Davis states throughout this passage that woman experience sexualy assault, before and after they enter the prison system. Personally, after reading this chapter and reading external sources, I feel that women became the targets for sexual abuse by an authority figure. Whomever commits these heinous acts are using their role of authority as a coverup to inflict pain on these individuals. In the prison writings of Kate Richards O’Hare, we see her share a view similar to Davis. O’Hare states, “I found that under the guise of punishment for crime, and in

It would be foolish to assert that gender plays no role in the criminal justice system, just as it would be equally foolish to say that race plays no role in this system either. Covington and Bloom cite the work of Kivel (1992) in reminding all that "Where sexism is prevalent, one of the gender dynamics frequently found is that something declared genderless or gender neutral is, in fact, male oriented. The same phenomenon occurs in terms of race in a racist society, where the term "race neutral" generally means white" (2003). The criminal justice system reflects the needs of men and the values of men in a highly patriarchal society; the issue becomes more complicated when some scholars argue that women should fight for equal rights in all areas of life, including the criminal justice system, arguing that while equal treatment might hurt women in the short run, in the long run, it's the best policy for women (Covington & Bloom, 2003). On the other hand, opposing groups argue that women are inherently different from men and that insisting on equality will always create a situation where women lose out (Covington & Bloom, 2003). This debate creates an uncertain situation about how women should be treated in the criminal justice system and whether gender should play a role accounting for differential treatment.

The media broadcast of parents killing their children dominates local news, also known as filicide, the criminal act parents commit against their children. According to the FBI statistics about five infants under the age of 1 are killed each week in the United States. No particular geographical location exists for this type of crimes; filicide occurs everywhere and in any place. It appears that the seasons; summer, spring, winter or fall, weekend or weekday, nothing put a halt to the crime. The research noted that the most common methods of killing by parents were with “personal weapons,” such as choking, beating, or drowning. Caucasian men and women between the age of 20 to 30 middle and lower class parents are likely to commit filicide. Three sociological theories, conflict, structural functionalism and symbolic interaction explain the different aspects of the family institution and the problem of why these types of crime occur. Observation of the family, not just the infant may detect a problem before it turns into a criminal act.

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.

Statistics show that the number of female offenders in the legal system has been increasing steadily. The number of female offenders entering the American justice system is growing at a rate faster than males. Statistics from the United States in 2010 show the female offender population to be increasing by 2.7% each year, compared to the male population at a rate of 1.8% each year, with similar statistics being seen in other Western countries (West & Sabol, 2010). The continued increase has made understanding female offenders and their catalysts for committing crime more imperative.

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.

The universal mentality when it comes to defining homicide is similar in the way that homicide occurs when one human being kills another human being. There are a variety of subtypes of homicide, which include murder, manslaughter, euthanasia justifiable homicide, killing in war and execution, depending on the circumstances of the death. These different types of homicides are often treated very differently in today’s societies; some are considered crimes, while others are permitted or even ordered by the courts. A highly controversial issue is whether abortion is considered to be homicide and whether the fetus is considered a human being entitled to rights. This paper will discuss the various interpretations of homicide, the three types of culpable homicide and Durkheim’s theory of homicide.

Most of the theories of crime was developed to explain male crimes by male criminologists. For decades, women offending challenges traditional theoretical explanations of crime, which were developed to explain male offenders. There were a few debates that indicate the concern of whether the theories were being used equally to explain both female and male crime. Criminologists came to a conclusion that the traditional theories are male-specific theories. For that particular reason, they argue that those theories are not suitable to explain female crimes. However, both the social process and traditional structure theories explain a gender neutrality in crime. They also give a better understanding for both male and female crime.