The Media Of Female Offenders

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.

For the purpose of this essay I will be considering Nils Christie’s (1986) concept of the ‘ideal victim’. In considering this concept, I will discuss what is meant by an ‘ideal victim’ and will also be focusing on the high profile Australian criminal case of Anita Cobby in Blacktown on 2nd of February 1986. Anita Cobby was only 26 years old when she was abducted, brutally raped and murdered by four ‘ideal offenders’. This essay will also consider, the ways in which the media and criminal justice system have constructed Anita Cobby as an ‘ideal victim’.

This paper will attempt to analyze sociological factors, which explain societies propensity to treat women differently than men when they are accused of committing a violent crime, such as murder. Because we live in a male-dominated society it is believed that men commit most violent crimes. Some studies indicate that when a violent crime is committed by a man society has a more acceptable view of the offense. Because of gender stereotypes, women are judged more harshly by society than a man. Women are expected to follow normal behavior as ascribed by their societies current definitions of normal. Society views women as nurturers who are subservient to their husbands and devoted to their children (2008). The Andrea Yates case was chosen as the focus of this paper because it perfectly illustrates the impact of external and internal forces, which can drive a woman to commit a violent crime and societies reaction to those crimes.

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 media plays a massive role in the construction of crime, this includes the reporting of crime, the sensationalisation of stories, over-representation of different social groups and age of offenders. Construction of crime is also through stereotyping both ethnicity and gender. It is sometimes argued that the media is an ideological tool that is used to distort reality from its viewers. Female killers are often considered as ‘oxymoronic’, as they are seen as contradictory. Females are generally seen as caring beings but once they commit violent crimes, they are judged based individual circumstances and it is not taken into consideration that they could just as violent as male offenders in their own right. In this essay, I will be focusing on the gender stereotypes in media, specifically focusing on female killers.

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"

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.

While most of the violent crimes that happens most are them are belongs to men, women have not been the wilting flowers promoted so heartily by Victorian adorers and (right or wrong) often evident in today's society. Before we get into detail about the fascinating phenomenon of the Black Widow, it is worth a brief overview of women's escalating role in the world of violent crime, particularly in the United States.

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.

In this essay it will focus on feminist contribution to criminology. It will cover different aspects such as: early criminology and the female offender, Lombroso and Ferrero’s views, W. I Thomas and Otto Pollak’s views, sociological criminology and the continued invisibility of women, the development of modern feminist criminology as well as the female concept of crime, Carol Smart and feminist criminology, contemporary feminist criminology, understanding women’s involvement in crime and lastly women, prison and punishment.

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.

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).

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.