Gender Politics in the Criminal Justice System 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.

The number of women incarcerated is growing at a rapid pace. This calls for a reevaluation of our correction institutions to deal with women’s involvement in crime. Increasing numbers of arrests for property crime and public order offenses are outpacing that of men. The “War on Drugs” has a big influence on why our prisons have become overcrowded in the last 25 years. Women are impacted more than ever because they are being convicted equally for drug and other offenses. Female criminal behavior has always been identified as minor compared to Male’s criminal behavior. Over the years women have made up only small part of the offender populations. There is still only a small

There have been many studies conducted that examine ways in which the juvenile justice system responds to female offenders. Historically juvenile female offenders have been treated under status offense jurisdiction (Zahn et al., 2010, p. 10). United States Courts would exercise the principle of “parens patriae” to place the female in detention as a form of punishment for misbehavior (Sherman, 2012, pp. 1589-1590). This principle also remains prevalent as it pertains to how the juvenile justice system currently responds to juvenile female offenders.

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 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

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.

In order to design criminal justice that matches the specific needs and strengths of women, one should consider the history and demographics of the female criminal and the patterns that are reflecting the life factors and offending. The vast majority of female offenders are drug related or property crimes.

During the late nineteenth-century, women went to court to continue to secure their rights to participate in public life: to vote, to be a justice of the peace, to be a notary public, to serve as school district directors, school committee officers, school officers, and prosecuting attorneys, an of course to practice law (Drachman, 1998).

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.

In viewing the information contained in the aforementioned articles, one can immediately understand the underlying reasons that women are committing more crimes than men. Through the mid-1990s, the arrest rates of both genders has increased steadily, with the male rate far exceeding that of females (Gross, 2009, pp. 84). However, in recent years, a shift has been seen, with the numbers of female offenders rising significantly, especially at the juvenile level, which significantly raises the likelihood of re-offending later in life. As such, an understanding of the differences between the sexes in terms of the reasoning behind their offenses has long been researched.

Gender inequality still plays a huge role in today’s society. Women comprise only a small percentage of the local law enforcement agencies across the nation. Women have been a part of law enforcement since the 20th century but have only been noticed within the last 40 years. Back in the 1970’s women rarely held positions in law enforcement and if they did it was mainly clerical/desk positions. Even though the amount of women in law enforcement today has increased, women still only make up roughly around 13 percent of the law enforcement work force (Public). Women can make such an impact in the Law Enforcement field if given a fair chance but they may face many problems when doing so. Some say that women don’t belong, while others suggest

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.

On the other hand, the feminism and criminology relationship is fixed with a number of factors that include methods examination, discipline, policy, and epistemology. Over the course of development, criminology scholars have raised questions about gender-blind statements in the related field for creating a medium so that experiences and voices of women can be heard (Wonders and Danner, 2015, p. 401). Nevertheless, different arguments can be noted that have placed parallel to women in the criminology field, which generated a holistic opinion aiming at women as both victims and offenders