Gendered Pathways Into Crime = Gendered Pathways Out of Crime

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.

With this in mind, this study shows that research could contribute to crime control theories considering it identified a correlation between gender and crime by focusing on the physical attributes of criminals. However, this theory for the physical differentiation between criminal and non-criminals is viewed by modern studies as statistically insignificant. Furthermore, this suggests that crime control has change over recent years considering theories have been challenged by researchers using more reliable and valid measures. In addition to the relationship between criminality and gender, Klien (1973:185) states that, “These characteristics are of physiological or psychological nature and are uniformly based on implicit or explicit assumptions about the inherent nature of women. This nature is universal, rather than existing within a specific historical framework.” In other words, the observable difference in crime rates between criminal and non-criminal women might have been due to economic, social, and political factors. As a result, several criminologists have tried to establish a theory that explains all crime is still possible, while others have suggested that crime control should focus on understanding particular types of crimes instead. Therefore, it is clear that crime control has been modified over the years to accommodate for more rounded theories.

For numerous years, prison officials applied the same type of treatment for men and women. In the last decade with the increasing number of women incarcerated, research shows that women have different physical and emotional needs. For example, women are more attached to their children that they are leaving behind, and some have histories of physical and mental abuse. The creation of two programs, Key Crest and Forever Free were created to help with women specific issues. Recent studies done by National Institute of Justice studies found that participants in these two programs stayed drug and arrest free for over three years. Participants were tested and interviewed once a year for three years. The studies also showed that the programs provided aftercare and treatment in areas that were not addressed in previous years. Even though both varied in their approach, they both recognized the many ways there were to treat the needs of women and how they differ from men. The studies also show that gender specific programs do help inmates reenter into society.

Male prisoners also continue to make up the majority of the prison population. However, women prisoner rates have been on the rise and have exceeded that of male growth rates since 1995. In fact, due to the increase of the women prison population, various issues have arisen which require women to be treated differently from men. Such issues correctional facility’s face because of this increase include program delivery, housing conditions, medical care, staffing, and security (American Corrections, 2016). These problems are in part due to the different social and economic differences women are faced with in prison and while preparing for their release back to society.

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

However, the validity of the chivalry thesis is questioned by Box (1981) who reviewed the data from self-report studies in the UK and USA. He concluded that ‘the weight of evidence on women committing serious offences does not give clear support to the view that they receive differential and more favourable treatment’. This claim is supported by Graham and Bowling study which found that females were less likely than men to be involved in the more serious offences. The seriousness of the offence could explain the lower proportions of females among the convicted and cautioned than among self-reported offenders rather than leniency in the criminal justice system.

Women viewed as "feminine" by the court were sent to reformatories, while women viewed as "masculine" were subject to penal institutions alongside male prisoners. To be exact, the odds of incarceration for female defendants were approximately 42% lower than the odds of incarceration for male defendants (Demuth & Doerner, 2014, pg.4). Another study even found that female defendants were sentenced less harshly than male defendants, and on average 14% less likely to be incarcerated and received prison sentences about 7 months shorter (Demuth & Doerner, 2014, pg.4). These statistics prove that female defendants are viewed differently in our court system and thereby receive more lenient sentences. This can be due to the fact that women are looked at as feminine, caregiving creatures, while men are supposed to be the dominant "manly"

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.

However, female prisoners are still viewed by society as worse citizens than male offenders and are subjected to gender inequality (Easteal 2001). Female prisoners are seen as both violent criminals and as manipulators of prison officers and have been viewed as less responsible

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 theoretical explanation of women’s crime that I find most appealing is psychological explanations. “Psychological aspects of offending include psychopathic modes of thinking, a background of personal trauma, and emotions such as anger and depression”. The book explains that our feelings are obviously linked to biology, and in this theory there is usually an explanation for female offending that relates to a history of trauma and victimization.

Criminologists highly agree that the gender gap in criminal activities is collective. Women have always been seen as less likely to commit crimes than men (Conklin, 2013). The primary aim of the feminist theories is to draw upon the women’s ways of knowing as compared to other criminal theories that are primarily rooted in the men’s involvement. Its primary goal is to make sure that the androcentric science are eliminated as well as produce clearly feminist techniques to criminal justice and crime. In these theories, knowledge is mainly assumed to be defined by involvements conditioned by an individual’s gender.

The social process and traditional structure theory explained why female crime rates are rather lower than males. The social process theory tend to explain the traditional crime with regards to differential opportunity to lean criminal techniques and values. The use of the traditional theory shows evidence in which considered the overlap on the causes of crimes committed by both genders. Studies shows that both male and female offenders that came in contact with the criminal justice system often came from a social background that are typically of low socioeconomic status, poorly educated, under or unemployed, and minority groups (Steffensmeir and Allan, 1995). The only difference between male and female offenders is, female