Women In The Criminal Justice System

Approximately 40% of criminal convictions in the year 2000 related to incarceration of women were on the basis of illegal drugs relation and 34% were for other non-violent crimes such as burglary, larceny, and fraud. 18% of women in prison have been convicted because of violent conduct, and 7% for public order offenses such as drunk driving, liquor law violations and vagrancy.

It is no secret that the United States’ criminal justice system is majorly flawed in more ways than one. We hear of all of the injustice that many civilians face on a day to day basis, which mostly surrounds the problems related to men, but what about women? Why don’t we hear about the tribulations and sufferings that our women undergo on a day to day basis within our criminal justice system? As mentioned in an article from the American Jail Association, investigation in fields ranging from subjects of general and mental health, substance abuse and addiction relating to drugs and prescriptions, and physical violence against women combined with examination and practice in the criminal justice field, have discovered that women offenders experience challenges that are not only different from their male counterparts, but also greatly influence their involvement in criminal justice systems, including jails and prisons (Ney, 2014). This information alone provides a basis to why imprisoned women should be more of a topic. This literature review will examine the several ways in which women who are incarcerated experience emotional trauma; and in some ways, abuse. My hypothesis is that most of the trauma encountered by incarcerated women majorly branches from preceding events and occurrences that happened prior to becoming imprisoned, and that they worsen as a result of improper treatment and resources within

Meanwhile, “the number of incarcerated adult women has jumped by a shocking 757% since 1977, at nearly twice the rate of male prisoners” (Harrison & Beck, 2006). “The number of women in prisons and jails has reached a milestone,” explains Kara Gotsch, director of advocacy for the Sentencing project in Washington, DC. One of the main reasons why women are being locked up at an alarming rate is a result of a policy of mass incarceration. “Mass incarceration is a rate of incarceration so high that it affects not only the individual offender, but also whole social groups.” (American Academy of Arts & Sciences, 2011) Pursuing further, another main reason of the increase of incarceration of women are the sentencing policies brought about by the “war on drugs.”

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

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

In many countries, the female prison population has increased dramatically over the last years. This has generated widespread awareness in our society, leading people to question why the percentage multiplied exponentially. In the past, female offenders have not only been compared to their male counterparts, but to society’s view of the role of women; this role categorized them as housewives and mothers. But how did these housewives and mothers go from the home to the prisons? In most countries, women represent a minority of the prison population: normally between 2% and 8%. There are now more than 600,000 women behind bars and more than one million on probation and parole, (Bastick and Townhead 2008) most of these women are sentenced to prison for non-violent crimes. Many of these women in prison struggle with substance abuse, mental illness, and histories of physical and sexual abuse. According to the researchers Bastick and Townhead, all over the world women in prison suffer from intersecting

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.

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,

3. About three decades after the passage of the Juvenile Justice and Delinquency Prevention Act of 1974, which diverted and de-institutionalized youths charged for non-criminal offenses, a backlash against the Act created a rise in detention and long term commitments of girls. ​​

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 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

Women usually have the same type of story, on the reason they decided to get involved in drugs. Some women have the drugs introduced to them by their family or friends (Mallicoat, 2012). Others began this habit to cope with violence or abuse in their early childhood (Mallicoat, 2012). About half of the women who are incarcerated are in prison for some sort of drug offense; either for selling or for drug use. Introducing prevention programs, life skills training, mental health training, and other basic needs can help reduce the percentage of women going back to their habit and staying away from incarceration (Mcvay et. al, 2004). By just putting women in prison, instead of actually looking into the reason they are using drugs are not helping them and might even increase the risk of them returning to prison or the risk of further criminal activity. Treating drug use as a medical problem, with programs for drug addiction, can help the women from getting incarcerated. Viewing women as victims in scenarios like drug use being a medical problem or prostitution can ultimately help reduce the percentage of incarcerated women.

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.

According to Stuart and Brice-Baker (2004), drugs have been one of the major culprits leading to incarceration and repeat criminal offenses among women in recent years. Drug offenses have the largest increase of any crime committed by female offenders. According to the Bureau of Justice Statistics (2012), the most serious offense for 59.4% of women in federal prison and 25.1% of women in state prisons is violation of drug laws (Carson & Sabol, 2011).

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.