Gender and Crime
Federal/State guidelines was implemented in
1970
Early prison reforms
19th century wealthy, white, women to reform female offenders Quakers HELP NOT PUNISH
Determinate Sentencing (fixed)
A determinate prison sentence is where the court sets a fixed length for the prison sentence and is the most common type of prison sentence. For example, an offender may be sentenced to four years in prison. This is the maximum period of time the offender could spend in prison.
GBA
All violence is abusive but not all abuse is violent
Child sexual abuse
Any use of a child for sexual gratification of another person Incest most hidden Most occur during adolescence (fathers and uncles) Repeatedly w/o force Girls more likely, increases with age, physical disabilities, absence of one or both parents
Chivalry (paternalism) hypothesis
Based on the assumptions that society is paternalistic and chivalrous toward females, and therefore the police, prosecutors, judges, parole reviewers, and other decision-makers will be chivalrous, as well. Thus, the chivalry hypothesis states that females are treated more leniently than males who commit the same offenses.
Sexual abuse
CONSENT any forced, coerced, or exploitative sexual act or activity
Issues of consent
Consent - knowing and voluntary agreement Verbally- NO Non-Verbally- oushing away Contextual cues- limited in his or her capacity to consent to sex
Stalking
Course of conducted directed at a specific person that involves repeated visual or physical proximity, nonconsensual communication, or verbal , written or threats that would cause a reasonable person fear Staling -california 1990 5 orange county women-stalking related murders
Hypothesis of gender discrimination
Equal Treatment Chivalry (paternalism) hypothesis "evil" women hypothesis
Legal
Severity of defendant;s offense, prior criminal history, and accurate evidence
Evil women hypothesis
States that since females are stepping outside of both law-abiding and appropriate fender roles when they commit offenses they are treated more harshly than males charged with the same offense
Equal Treatment Hypothesis
States that the system is not gendered, and therefore females and males are processed similarly for the same offense.
Extralegal
Suspects' defendants gender, race/ethnicity/socio-economic status, religion, do not impact cls officials on decisions to arrest, dentain in fail, charge, sentence, or release from prison
GBA TYPES ON A GLOBAL SCALE
Suttee-the Indian custom of a widow burning herself, either on the funeral pyre of her dead husband or in some other fashion, soon after his death. Clitoridectomy or clitorectomy is the surgical removal of the clitoris. Female infanticide-the crime of killing a child within a year of birth. Human and sex trafficking Forced Marriage
Sentencing guidelines are
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system.
Reformatories
an institution to which youthful offenders are sent as an alternative to prison; a reform school.
Rape Myths
blame victims, excuse the rapist, and minimize rape alcohol/drugs cause rape all rapist are sick/mentally ill
Magdalen Home in 1830
goal was to reform prostitutes
GBA TYPES
includes the types of victimization associated with violence against women rape/sexual abuse sexual harassment intimate partner abuse stalking
Incarcerated Parenthood
kids placed in foster care greater maternal than paternal involvement with kids prior to incarceration
Sexaual Assauts are ____
least likely to be reported to police Ashamed, not believe, blamed, unacknowledged rape
Victim-Blaming
occurs when the victim of a crime or any wrongful act is held entirely or partially[citation needed] responsible for the harm that befell them.
Paradox of fear
physical vunerability-Women smaller than men gender socialization-WOMEN WEAK MEN TOUGH patriarch-gender inequalities can be maintained and male domination can persist shadow of sexual assault-are chiefly afraid of physical and sexual attack at the hands of a male stranger
Selectivity hypothesis
predicts that decision makers extend chivalry disproportionately to white females.
Typicality hypothesis
proposes that women are treated with chivalry in criminal processing, but only when their charges are consistent with stereotypes of female offenders.
Determine if gender bias exsist
race,class,age,immigration status cj reforms stage in criminal legal system serious of offense gender-role stereotypes time period jurisdiction
Fry's request in 1818 passed by Parliament
segregation prisons by sex hiring women to supervise women prisoners decreasing the hard labor required by women prisoners
Differential discretion hypothesis
suggests that disparity is most likely in informal decisions such as charge reduction rather than in formal decisions at final sentencing.
Indeterminate Sentencing (unfixed)
the prison term imposed after conviction for a crime which does not state a specific period of time or release date, but just a range of time, such as "five-to-ten years".
Legitimate victim characheteristics
victims harbor feelings of self-inefficacy, of not being successful in affecting one's environment or in one's life. Consistent with the above characteristics, victims are likely to attribute the outcome of their behavior to situational or external forces rather than to dispositional forces within themselves. Low self-esteem, a sense of shame, guilt, helplessness, hopelessness, and an internal sense of badness are integral elements in the psychology of those who perceive themselves as victims.
GBA (Gender-Based Abuse)
violence that is directed against a person on the basis of gender.
Legitimate Victims
white women and virgins
Incarcerated women invisible
women constitute less than 105 of the total prison/jail population women are incarcerated for less dangerous and serious crimes than men less likely to riot,destroy property, and make reform demands
Status Offenses Reform
Keep from becoming pregnant, but also to protect their sexual representation
We want ___ factors to influence decisions about defendants/suspects
LEGAL
Fear of Crime
Men much more likely to be victims of crime but women are more fearful
Sexual Harrasment
Happens in a work place or in the context of education Gender harassment- sexist remarks putting down women but not sexual in nature Seductive behavior-sexual advcance or rewuest to discuss personal/sexual life Sexual bribery- sex is solicited with promise of a reword Sexual coercion-threating someone with punishment for failing to complu Sexual assaults, gross sexual imposition, indecent expose more severe
High Risk of GBA
Immigrants Disabled
Juvenile Justice and Delinquency Prevention Act
The Juvenile Justice and Delinquency Prevention Act of 1974 is a United States federal law providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are: Deinstitutionalization of Status Offenders (DSO) -- the deinstitutionalization of status offenders and non-offenders requires that youth who are runaways, truants or curfew violators cannot be detained in juvenile detention facilities or adult jails; "Sight and Sound" -- The "Sight and Sound" separation protection disallows contact between juvenile and adult offenders (i.e. if juveniles are put in an adult jail or lock up under the limited circumstances the law allows for, they must be separated from adult inmates); "Jail Removal" -- The "Jail Removal" disallows the placement of youth in adult jails and lock ups except under very limited circumstances; Disproportionate Minority Confinement (DMC) -- The DMC provision requires states to address the issue of over-representation of youth of color in the justice system.
"JUST WORLD" Belief
The just-world phenomenon is a term referring to people's tendency to believe that the world is just and that people get what they deserve.