Inequalities within the Criminal Justice System

Mother-child programs in corrections are a monitored, safe way for mothers to raise their children while incarcerated. This program has been monitored through Correctional Services Canada and is facilitated within correctional facilities. This program allows children to be raised by his/her mother and develop a bond, as well as learn basic life skills from her. This program also creates an environment for the women incarcerated, which allows one to focus on improving her skills, responsibilities, self-esteem and reinstates her life purpose. This is an important process when dealing with women incarcerated as a reintegration method back into society. This program consists of a strict agenda; furthermore, requires certain eligibilities and requirements for the offenders, as well as the potential termination if the inmates breach the programs procedures; finally, the positive and/or negative affects this program may have on a mother and/or child.

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.

women has increased significantly, increasing at a rate double to the rate of male incarceration since 1980 (Covington & Bloom, 2006). Braithwaite, Treadwell and Arriola note that incarcerated women have historically been a forgotten population, and despite the rapid growth of the population, their needs have continued to be ignored (2005). In addition to the stigma that comes with being or having been incarcerated,

Approximately 80% of incarcerated women are mothers (Mapson, 2013). On average, the adult female offender is between the ages of 25 and 29. Historically, incarcerated women live with their children prior to incarceration and are the sole financial support for those children. When a mother is incarcerated over 80% live with relatives (mostly maternal grandparents) and about 20% live in foster care. Due to mothers being placed far from populated centers, more than half of mothers will not see their children while they are imprisoned. Women rarely see their children due to the child being in foster care or with family members that do not have the financial resources to travel for visits.

The population at large in the United Stated is very different than the population of the prison system. Racial inequality in the criminal justice system is often ignored because it does not affect most people. If there is to be a change in racial inequality, this issue is one that must be addressed. According to Inequality and Incarceration, “497 out of 100,000 Americans are imprisoned.” This means there is “less than one percent of people” in the United States that are imprisoned. This may seem like an insignificant amount.

Very little work has focused on studying recidivism by offenders after punishment and how prevention measures may improve recidivism rates and affect cooperation. “National recidivism rates are at an estimated amount of 73% and of the whole jail population 42.5% are women” (Berenji, 2014, p.131). As you can see about half of the inhabitants of the jails are women; so recidivism is an ongoing issue that needs to be solved. Recidivism is a growing distress in the U.S today, not only with men but women as well. Not many studies have been steered towards women reverting back to crime as there are men, but it is a concern. It is impossible to make this issue disappear fully, but with fundamental changes the

We know much more about incarcerated mothers than we know about incarcerated fathers. For example, over 70% of female inmates are mothers of dependent children under the age of eighteen. Almost 90% of incarcerated females are single parents and heads of households. According to some estimates, a quarter of a million children are separated from their parents each year by jail and prison (Glick & Neto, 1977; McGowan & Blumenthal, 1978; McPeek & Tse, 1988; U.S. Department of Justice, 1992). We do not have this kind of information about incarcerated fathers. The lack of statistics concerning fathers in prison may suggest that they are a forgotten group.

The study of recidivism amongst women in prison is important because most research focuses on the male population. The reasons for the “revolving door” phenomenon are different for women; therefore, their treatment should be more gender focused and specific to their needs. Judging by the rates at which women recidivate, you could assume that somewhere along the way the system has failed them. What role does drug use, motherhood, mental health, physical, sexual, and mental abuse play in the recidivism of female inmates?

Some of the children become dependent on the government sustenance. Incarcerated women often find that their actions hurt their family “especially of women, destroys the family network. When the men got to prison, potential role models are lost. When women go to prison, families most often fall apart” (Hotelling) while in an institution they might never see their children. As statistics continuously provides that children lived with and cared for by their

Even in prisons female offender are seen as nurturing and kind. An example of this are mother and baby units in prisons. The United Kingdom Government (Anon. 2017) websites states that women who give birth in prison are allowed to keep their baby with them for the first 18 months of the child’s life in the mother and baby unit and a mother who has a child under the age of 18 months on entering prison is allowed to apply to have their child join then in prison and would be moved to a baby and child unit. Once the child is over 18 months Social Services arrange child care for the toddler, whether that is family members or fostering. There are currently six prisons in England that contain mother and baby units. These are Bronzefield, Eastwood Park, Styal, New Hall, Peterborough and Askham Grange. However, there are no father and baby units. This supports the idea that even as offender’s females are still seen as care givers and loving. It reinforces and maintains social constructions of gender. This is an example of the criminal justice system being lenient to females and harsher on males. A concept described as the ‘Chivalry thesis’ by Pollak (1950). The ‘chivalry thesis’ is the idea that women in the criminal justice system are treated chivalrously in comparison to males in the criminal justice system. However, feminist Heidensohn (1985) argues that this is not the case for female offenders and in

Due to the vast amount of women who encounter mental health and substance abuse related problems, it is something that should be considered and looked at more seriously. Mignon (2016) indicated that failing to address these issues of neglecting mental health and substance abuse afflictions of imprisoned women will result in the problems continuing following their release and could have disadvantageous effects on their lives such as joblessness, homelessness, and the potential for loss of custody of children. Priority in health for women in prisons are usually dependent on their sentencing, as in if a woman is given a life sentence, her health needs aren’t necessarily a priority in comparison to women with shorter and lesser sentences. Mignon (2016) discovered that substance abuse is a serious issue for women in correctional facilities, and that even though trauma and addition are intertwined, they are usually treated as separate complications. Mignon (2016) also mentioned that poor health and mental health services should be of special concern when it comes to elderly women in prison.

the juvenile portion of the criminal justice system. The article found that, “black youth were

The inequality or equality of black Americans in the criminal justice system have been rigged for a long time.Therefore, I think there is injustice in police killings of blacks, and the sentencing of blacks, and how they are put there, while waiting for trial.

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

When one thinks of the juvenile corrections system, they tend to gender this institution, focusing mainly on young boys. Due to this, one often neglects the thought there are also young girls that are in the system. This may be due to the fact that when compared to young boys within the juvenile corrections system, in previous years the girls consisted of a small portion within in this space. However, according to recent studies, girls in the juvenile system has been rapidly increasing over the last 20 years (Levintova, 2015). This is an issue which needs to be acknowledge due to the fact that young women are caught in this system for starkly contrasting reasons when compared to young males. These reasonings are described in the book Girls in Trouble with the Law by Laurie Schaffner which we will further explore.