Women in the CJ System Midterm Exam Study Guide

Social BondControl Theories

(Travis Hirschi, 1969) • For Hirschi, everyone is equally motivated toward crime. • Therefore, asks a different question: Why don't people commit crime? • Answer: Some people are more "bonded" to society, which holds them back from crime.

liberal

(can be traced back to the late 18th century) • Inequality exists because of blocked educational and economic opportunities.

Fatal flaws of prior research and theory

*Relevant studies did not distinguish between age, race, or SES • Criminology theories were constructed by men about men

Pathways Theory

Asks incarcerated girls and women to discuss their lives and attempts to sequence major events (like childhood abuse, school experiences, etc.) Claims that trauma (especially in childhood) can set someone on the "path" to criminal activity Women follow different "paths" into crime (i.e. many women have a criminal significant other - usually male - who leads them into crime)

Parenthood (Among Prisoners)

Average number of children per female inmates is 2.5 4 out of 5 incarcerated women have children; compared to 3 out of 5 incarcerated men. 90% of incarcerated fathers report that the other parent (the mother) is the sole parent of their children. Thus, it is believed that incarceration is more painful for mothers than fathers. Visitation with children for mothers is often not a regular practice in most female facilities There has been some experimentation with prison nurseries, but these are not the norm. The most famous female institution that routinely allowed babies until they turned 1 year old is The State Correction Institution of Bedford Hills in NY

So, which is it?

Depends on the type of data. Most research suggests gender stability • Most women's criminality has stayed the same (although there has been a large influx of women into the correctional system), with the exception of less serious property crimes and drug offenses.

Programming

Female facilities are typically lacking in educational, vocational, and recreational programs for inmates. Female prisoners have typically been viewed as unworthy (or not intelligent enough) to benefit from training or educational programs Those that exist are often sexist (and are of poorer quality than those in male facilities): Typing, sewing, hairdressing, homemaking (whereas male prisons offer more variety) Only 12% of women receive any type of programming while incarcerated.

Robbery/Burglary

Females are significantly less likely to commit these types of crimes (close to 90% of these offenders are males). Of the female offenders for these types of crimes: 1. More were likely to be addicted to drugs (although both sexes admitted to drug use) 2. More started their "career" later than male robbers/burglars 3. More admitted to committing fewer burglary offenses, on average 4. More reported less contact with the CJS 5. More were likely to work with others in committing the burglary

Aggression & Assault

Females significantly less aggressive than males. • May be due to socialized/gender differences. Certain acts of aggression affect women more than men. • Being called promiscuous is more offensive to females. It's also important to consider the context of the assaults committed by women • Many reported that they did it as a reaction or response to aggression from their "alleged victim."

Masculinity Theory

Focuses on the impact of gender on women's criminality and men's criminality Masculinity is the key to explaining criminal behavior. Middle-class, white males can use their power (good education & careers) to provide for their families, but lower-class, white males or males of color have fewer options so they use crime to prove their "masculinity." It is more important for males to show their power (how "manly" they really are) than it is to females. Women who commit crime are, therefore, "doing masculinity.

Rates of Female Imprisonment

From 1968 - 2011, the average yearly increase in incarceration for women was 7.1% and for men 4.9% Comparing the increases in women's and men's imprisonment rates from 1960 - 2011, over these 5 decades, men's rates increased by 7.25 times and women's by 14.1 times! However, it is not believed that women have grown more criminal during this time (despite the growth in prison admits) • Increased willingness by the courts to incarcerate women even for minor offenses. • The increase in female incarceration linked primarily to policy changes (War on Drugs) The overall proportion of women incarcerated for violent crimes has decreased (most are imprisoned for minor crimes) • Property crimes, drug, and public order offenses

SOCIETAL

GENDER IS A ________________ DISTINCTION. • What are the societal expectations about men and women? • Gender differences = clothing, wages, childcare responsibilities

Girls Correctional Facilities

Girls more likely than boys to be detained for minor (status) offenses (e.g., running away). Because they are often detained in solitary confinement (and because of other issues), girls are often at greater risk of suicide than boys. Girls' facilities often reinforce gender stereotypes. Greater control of girls than for detained boys Fewer educational/vocational programs Gendered programming (e.g., sewing)

Female Inmates-Special Concerns

Gynecological health: Women often subjected to invasive searchers after giving birth, returning from court appearances, etc. Do not receive gynecological exams. o This is an issue because many of these women suffer from STIs, generally poor health, and prior sexual abuse. Reproductive issues Limited access to law libraries and attorneys.

Power Control Theory (PCT)

Hagan 1985 • Expanded on Social Control Theory • Girls from patriarchal (more sexist) homes are less delinquent • Girls from egalitarian (less sexist) homes are more delinquent. • Girls in the latter are more likely to be treated as male siblings, and thus fewer gender differences in crime observed here (more criminal)

Gender & Law

Until the 1970s, little research was done on the processing of women and girls in the justice system. Push to change laws from "gender specific" to "gender neutral" Example: rape laws (until the 1970's/80's, these offenders were only men) However, despite this push, even "gender neutral" laws can still be applied in a discriminatory fashion. Example: female sex workers versus their male johns White Female Effect - the death penalty is given when the victims were white female/girls. White female killers are punished more harshly than other female groups because they generally kill other white women and those are the victims considered to be most "valued" by legal authorities - this suggests extreme bias!!!

CRIMINAL JUSTICE FIELD

Although there is little research in this area, women's victimization experiences may be a reason they choose to work in the ______________ ______________ FIELD.

Chapter 3

Chapter 3

Postmodern

• Have to look at age/race/class of women to address inequality. • This is important because women's experiences differ based on these factors • Warns against Gender Essentialism - the idea that there is one unchanging "women's" experience that does not consider the differences among women that are based on important characteristics like class, race, and sexual identity.

Marxist

• Inequality exists because of capitalist society (in other words, as private property evolved, males took over social institutions) • Capitalism profits from the low-wage work of women in factories and corporations

General Theory of Crime

• Michael Gottfredson & Travis Hirschi claim that Low Self Control (LSC) can cause crime at all ages • LSC results in children who do not receive adequate child- rearing (where parents do not monitor their behavior, recognize deviance when it occurs, or punish that behavior) • Delinquents, therefore, focus on the immediate benefits of their actions, without concern for their potential distal consequences (because they were never punished for such behavior early on). • Therefore, the process used in decision making is altered; e.g. impulsivity - delinquents have a "here and now" orientation.

In understanding women in the CJS, we must be aware of typical images of women in society.

• Pawn of biology • Impulsive and non-analytical • Passive and weak • Impressionable and in need of protection • Active woman as masculine • The criminal woman as purely evil

Women also at risk of experiencing certain types of corporate crime:

• Silicone breast implants, birth control, "slimming industry"

better

• Women might be "____________" nurturers primarily because historically they have been relegated to the home and socialized to be nurturers (a gendered difference)

Many times stereotypes arise when gender is seen as "immutable" or "inherent" or sex-based (i.e., biological)

• e.g., giving boys greater access to sports, perhaps out the belief that sports are "too dangerous" for women, despite evidence that in certain sports, women can excel at better than men (e.g., marathons, swimming) • Results in girls not being able to become stronger. • Often, court cases also make this mistake of confusing sex & gender so they may not recognize the role that society plays in maintaining gender inequalities

It is very important to consider the significant amount of diversity among women & girls:

•Historically, extant studies have typically focused on white, middle-class women and girls. •Ignores the experience of other women—minority, lower income. • Push to study the "various intersections" of age, gender, and class.

Opportunity Theory

A branch of Strain Theory Cloward and Ohlin (1960) say basically the same thing as Cohen: • Boys join gangs to fulfill economic, social needs, whereas girls are more concerned with "frivolous matters." • Boys want to achieve the "American Dream" and legitimately struggle to do so. Critiques: 1. Only applies to lower SES classes 2. Females also face limited opportunities

Gender Differences in Crime Rates

According to recent UCR rates: Males offend at rates about 3 times higher than females • Males - 74% • Females - 26% Females accounted for almost one-quarter (23.2%) of all arrests in 2011. • Female adults = 26% of all arrestees • Juvenile girls = 29% of all arrestees. Result: the gender gap in arrests is less among girls than among adults.

Co-Corrections

Although early reformers sought to segregate men and women, recently, some feminists have pushed for "co-corrections" (housing men and females in the same facility, but still in separate wings). The idea is that it could help women get access to greater programming and keep them closer to family.

Crime Rates cont...

Both violent and property crimes are predominantly committed by men/boys: Girls/women account for 20% of violent offense arrests (1 in 5) and 37% of property crime offense arrests (2 in 5) More specifically for violent crimes: 1. Women/girls accounted for 12% of arrests for murder/non-negligent manslaughter & robbery. 2. 1% of arrestees were female for rape. 3. 23% of arrestees were female for aggravated assault (this is their highest violent crime representation. More specifically for property crimes, 1. Girls/women arrests made up 16-18% for burglary, motor vehicle theft, & arson. 2. Girls/women arrests made up 43% for larceny/theft (this is almost gender-neutral; equal to men.

Stereotypes & Crime Processing

Certain gender stereotypes reinforced in the processing of women and girls: Perceived "caregiver" role of women might result in less severe sanctioning. Indeed, being married, caring for dependent children, and being a homemaker increase a women's chance of chivalrous treatment.

Chapter 4

Chapter 4

Gender difference by offense

Chivalry is more likely to occur when women commit less serious crimes; but, when women do commit more serious crimes (like violent crimes), they are punished more harshly than men (not the same, suggests support for "evil woman" hypothesis). The less serious offenses more associated with gender stereotypes of female criminality (e.g., shoplifting); when women commit more "gender expected" crimes they are treated more leniently.

Chivalry & Paternalism

Chivalry: Putting women on a pedestal. Paternalism: Protecting women who are seen as "weak." The chivalry/paternalism outcome likely only happens to gender conforming women. This is based on age, class, sexual orientation, etc. It's important to remember that this is not necessarily beneficial to women. Could backfire - under this prospective, women are viewed as children as in "need" of additional attention and control.

Life Course Theory

Claims that life events (especially during childhood) impact the likelihood of a person engaging in criminal behavior Offending behavior is strongly associated with age • Adolescence is a high "at-risk" age (due to puberty, peer pressure, stress of school). Applicable to women because it considers their early life experiences and the events across the life course (marriage, abuse).

Labeling Theory

Claims that society's label ascribed to certain individuals determines criminality. In other words, if people are "marked" as deviant, criminal, or delinquent, how might this label effect future behavior? If a person is labeled as such, they may just resign to this label and continue with crime because of the labeling! Three ideas relevant to women: 1. Because of chivalry, fewer women being labeled (may explain women's lower crime rates) 2. The women's movement's might have decreased chivalry (explains the spike in female incarceration) 3. Because of entrenched views about women, women might be punished more harshly for some types of crimes.

Law & Discrimination

Despite the push for reforms in CJS benefiting women, many of these efforts have failed: Sex-specific sentencing laws: oThree strikes laws has a more negative impact on women because they are often sole caregivers. Sex-segregated prisons: oWomen prisons often have less resources than male institutions. oWomen were sentenced to indeterminate amounts of time - until they were fixed (rehabilitated) since they were considered easier to change than men were. This actually resulted in women serving longer sentences than men for the same or less harsh crimes.

Cycle of Violence Theory

Developed by Cathy Spatz Widom (1989) Developed to measure the relationship between childhood trauma and offending Widom found that abused, neglected girls were a lot more likely to have a criminal record (as juveniles and adults) than those who were not abused and/or neglected (for more details on the study, turn to pages 82-83 in your text) Violence is transmitted across generations.

Differential Association Theory (DAT)

Developed by Edwin Sutherland Criminality is learned. One's peer group significantly determines criminality. Early research did not focus on girls' criminality. However, reasons why DAT could be useful in explaining male/female delinquency crime rates: 1. Traditionally, girls lower crime rates may be because girls are more restrained than boys (they are more likely to stay home, have curfews, etc) 2. Recent increases in female criminality might be due to the "emancipation" of women in larger society.

Liberation/Emancipation Hypothesis

Developed by Freda Adler & Rita Simon (1975) The women's movement has increased women's crime rate. Adler & Simon differed concerning the types of crime that would be effected by women's "liberation" • Adler - violent crime rates would increase • Simon - property crime rates would increase; violent crime rates would decrease because there would be less female frustration given their new work & educational opportunities Belknap (2007) rebuts this theory by claiming that it is really the "feminization of poverty" that is responsible for growing female crime rates. • Feminization of poverty - the increased number of women living in poverty

Traditional Strain Theory

Developed by Robert Merton Crime occurs when individuals are taught to achieve financial and educational success, but may not have legitimate means to do so. • Thus, a nice change from biological determinism used as an explanation in previous theoretical work. • Problem: the theory focuses primarily on class inequalities, ignoring that women comprise the largest impoverished group globally and still they commit by far the least crime! Albert Cohen (1955) adapted Merton's theory to try and explain the emergence of delinquent gangs among boys: Cohen claimed that masculinity and their inability to live up to the "middle class measuring rod" drives boys to join gangs. • Boy's strain comes from employment and income concerns. • Girls concerned with more frivolous concerns (centered around boys): "dating, dancing, attractiveness". For Cohen, their strain has to do with getting married. Problem: Ignores the fact that women join gangs primarily for similar reason as men (status, prestige).

Biosocial/Evolutionary Psych. Theories

Developed in the 1990's More helpful in explaining female victimization such as: • Sexual victimization (rape, assault) • Violence against women and girls Criticism: Focusing on purely biological models ignore the socialization effects of men and women.

Overview of empirical findings

Difficult to say what is going on without considering the offense, demographics of offenders, and the extent of stereotypes surrounding the offender (is it equal treatment, chivalry, or evil woman?) Early research suggests strong support for the chivalry hypothesis. But these studies did not control for offense type, prior record, or the offender characteristics When we consider these characteristics there is, however, more support for equal treatment hypothesis. Goes for arrest, conviction, and sentence length Even though more males are arrested and given harsher sentences, this is only due to the fact that they generally commit more serious crimes Still, some studies find cases where women are treated more harshly than men - which support evil women hypothesi

Demographics of Female Inmates

Disproportionate minority contact/confinement: • There is an overrepresentation of people of color in our prison system - study from 2011 (both male and female prisons) Black men were more 6.3 times more likely than White men to be incarcerated Black women were 2.5 times more likely than White women to be incarcerated Latino men were 2.6 times as likely as White men to be incarcerated Latina women were 1.4 times as likely as White women to be incarcerated Black men were 1.4 times as likely as Latino men, and Black women were 2.4 times as likely as Latina women to be incarcerated SES: • Low income females overrepresented in the CJS; in fact, incarcerated women are often poorer than incarcerated men

Reform

During the 1800's, wealthy white women (notably, Elizabeth Fry) took up the cause to help "fallen women." These reformers believed the solution was to help these women rather than just punish them (rehabilitation versus punitive measures) Responsible for the segregation of women in all female facilities, hiring female officers to guard the women, and decreasing the amount of hard labor required of incarcerated women.

Women with Disabilities

Even greater concern for females with disabilities (e.g., those in wheelchairs, deaf). Prisons often are not well-equipped for these inmates. Anecdotal accounts of abuse.

History of Punishment

Historically, men and women experienced similar types of punishment: Burning at the stake, public ridicule, hangings As the U.S. began experimenting with incarceration, men and women were typically housed together. This resulted in greater sexual exploitation and attack for women (sexual abuse). In 1870's, things changed: Women began to be housed in different facilities separate from men.

OFFENDERS VICTIMS PROFESSIONALS

Historically, women and girls were largely invisible in Criminal Justice As: _____________, ______________,& _______________________.

There's always a "but".....

However, looking historically at changes in arrests from 1965-2011 suggests convergence. (Here, female arrests went from 10% to close to 26%.) Yet, self-report ("unofficial") data (considered a better measure of true crime) indicate gender stability and/or even divergence. Why the disparity? • Official reports (arrest data) may reflect net-widening (aka "upcriming - what counts as violence has now expanded so people are getting arrested and convicted for "smaller" crimes), the nation's "get tough" approach to crime, and the feminization of poverty • In other words, it really depends on the data being used!

Reforms in processing juveniles

Juvenile Justice System (established in 1899): The process works against juvenile girls even though it was established to "protect" them: Accused of more harshly sanctioning girls for status offenses - these are offenses that are not considered crimes if committed by adults (e.g. running away, drinking alcohol) Girls charged with "promiscuous" crimes more harshly punished than girls charged with other types of crime. o Historically girls subjected to forced gynecological exams to determine sexually transmitted infections (STI) status and virginity (not a practice for boys). The push to deinstitutionalize juvenile justice has resulted in a harsher system and girls are disproportionately affected.

Marxist, Radical, and Critical Theories

Late 1960's - early 1970's Claims that rather than focusing on the offender, we should focus on society (laws are biased and reflect only the needs of those in power and upper class - "Conflict Theory") • Wealthy capitalist men design and implement social policy that protects the status quo (especially the gender divide). • Capitalist economy negatively affects women (e.g., women make less on average than men for performing identical work).

CJ is, historically a "man's world"

Law enforcement, corrections, and the courts • Much resistance to women entering these fields (due primarily to the attitude that women are unsuitable because working with male offenders requires "manly" men)

Atavistic Female Offender

Lombroso and Ferrero measured the physical characteristics of offenders and non-offenders. Concluded that women can be fit into two categories: 1. Bad, primitive, masculine women (less evolved) 2. Law-abiding civilized and feminine women Criminal women are the former (biological throwbacks, or atavists).

Measuring Crime

Methods of measuring crime in the U.S. include: 1. UCR - data set made up of the # of arrests reported by police departments across the nation (does not include the dark figure of crime - the crimes that go unreported to police; also does not report crimes where no arrest was made - insufficient evidence, etc) 2. Victimization Surveys - primary survey used is National Crime Victimization Survey (NCVS) 3. Self-Report Surveys - asking household members about victimization and/or criminal activity

Age & Juvenile Delinquency

Most people break the law between 15-24. For example, 13% of all female arrests are committed by girls under 18 (compared to only 11% of male arrests).

Female Gangs

Much greater research done on male gangs. However, emerging work suggests: • Wide estimates of the percentage of girls (from 9 to 50%) believed to be in gangs (based on estimates from several studies) • Delinquency and criminal activity more prevalent in male gangs. • 90 percent of male gang members had arrest records, compared to 75 percent of girl gang members. • However, girl gang members more likely to fight when their personal (often sexual) reputation is challenged; boys are more likely to fight when the reputation of the gang has been challenged (which is never sexual).

White CollarCrime

Much the of the gender studies on WCC found significant differences between men & women: 1. Women are more likely to commit less serious types of white collar crime than men. • Likely due to women being in less advanced positions than men (women were usually clerical workers while men were managers) 2. 60% of convicted female white collar offenders committed their crimes as a bank teller (compared to only 14% of the men). 3. Men's financial gains were much larger than women's 4. Female white collar offenders are more likely than men to commit their crimes as individuals rather than in a group 5. Women more likely to attribute crimes to "family need" than men. The gender differences in these WC offenses are so extreme that one must wonder whether the crimes of these women should even be classified as "White Collar."

Child Abuse

Non-sexual child abuse is long considered a female-related offense. • Neglect, cruelty, and abandonment • This could be due to the fact that they are primarily responsible for childcare. In terms of child murder, however, national studies indicate women and men are equally likely to murder their children. • Mothers are more likely to murder very young children. • Fathers are more likely to murder children age 8 and up. While these crimes often receive a lot of media coverage, not much research conducted here. • Two of the most notorious cases are those of Susan Smith (1994) and Andrea Yates (2001)

Detained Girl's Demographics

On average, typical inmate: • 14-15 years old • Poor - grew up in high crime neighborhood • Belong to ethnic minority • 50% of detained girls=African American; 34%=White; 13%=Latina • History of poor academic record • Victims of prior abuse (physical and/or sexual) • Used drugs/alcohol • Have unaddressed medical/psychological issues • Often pessimistic about future life chances

Access to Civalry

Only for "deserving" women. What does that mean? White, middle/upper class; gender conforming women Minority women (as well as female immigrants), lesbians, girls, less educated women, and those on welfare are among groups less likely to experience chivalry. Suggests extreme bias (as always)

Sexism

Oppressive attitudes and behaviors directed at either sex (however, it is predominantly geared towards women) • It results in discrimination and prejudice based on gender (examples: women are not as "good" as men; women are defined only by their beauty)

Gender and Crime Rates

Option A: Gender-stability • Men and women's rates of crime have evolved in a similar fashion; when one goes up so does the other, and vice-versa (see figure 4.2 on page 116)

Gender and Crime Rates

Option B: Gender-divergence •The disparity in crimes rates between the sexes increases over time, with gender differences growing. (see figure 4.2 on page 116)

Gender and Crime Rates

Option C: Gender-convergence • The distance between males' and females' rates of crime is decreasing and their crime rates are becoming similar. (Again, see figure 4.2 on page 116)

Critical Race Feminism

People generally associate feminism with white women. Just as gender is a social construct, so is race: • "Race is a socially constructed process that produces subordinate and superordinate groups," (Zuberi, 2001). Focus: on the understanding of the experiences of women of different races (white women experience life differently than black women or Latina women).

Legacy of the Positivist Theories

Per Belknap, they resulted in several stereotypes about women and girls' criminality. • They commit crime because of emotional problems, such as loneliness and sexuality. Specifically, criminal women and girls had a problem; neglected to acknowledge that the prescribed gender role for them might be the problem (economic & social explanations are ignored)

Drug use and selling

Prevalence of drinking: • Males on average drink more than women Introduction to drugs: • For women, it is usually a boyfriend; for men, it is usually a male friend Reasons for continued use of drugs: • For women, it is "to act out," self-medicate; for men, it is "to be more masculine" or manly • For women: prostitution linked to serious drug addictions Selling drugs: • For women, it is likely due to feminization of poverty and not because of an actual drug problem • "Not all women drug dealers use drugs, but selling drugs is one of the few options many poor women have to make money," (Belknap, 2015, p.140).

Behind the Mask

Research conducted by Otto Pollak Pollak (1950) would later argue that women commit just as much crime as men, but . . . Women are better able than men to "mask" and hide their "deceitful" behavior. • For example, he emphasizes that women routinely hid the fact they are menstruating as evidence of women's deceitful nature

Anatomy as Destiny

Research conducted by Sigmund Freud Women are anatomically inferior to men so women commit crime to be like men. Freud's "Penis Envy" view - after spending so much time searching for her own penis, she will become neurotic & criminal. Put differently, as Klein (1980, p. 72) would state it in terms of a psychological explanation, women's criminality can be viewed as "turning to crime as a perversion of or rebellion against their natural feminine roles" (as cited in Belknap, 2007, p. 30).

The Unadjusted Girl

Research conducted by W.I. Thomas Women's criminality is not due to biological differences, per se. Per Thomas, women commit crime because they feel the need to be loved. • E.g., the prostitute="looking for love" Promiscuity drives female crime These assumptions completely deny the socialization of women including the very real constraints on their opportunities

Race/Ethnicity

Research should examine women of color in the context of offending because of their distinct life experiences. • Hard to do so because official statistics (UCR) often do not separate different racial and ethnic minorities. Female minorities often overrepresented in the CJS; however, it could be due to bias (e.g., minorities more likely to be arrested for the same offense than white women). In other words, discrimination may distort the statistics. • So, is it that more African American women are committing crime, or is it the discriminatory process that causes them to have higher crime rates?

General Strain Theory (GST)

Robert Agnew revised the Traditional Strain Theory Concerned with broader types of strain (not just economic); applies to all SES classes. Goals may vary depending on race, class, & gender. Three types of psychosocial strain: 1. Presence of negative stimuli 2. Loss of positive stimuli 3. Failure to achieve positive goals • How we respond to these strains dictate crime (e.g., responding with anger might indicate antisocial behavior so delinquency might be the coping mechanism). Allows for gendered responses to strain.

Class/SES

SES is a powerful predictor of entry in the CJS and their treatment by the CJS. Not much research here(of course). But, one study found that suburban juveniles compared to inner-city juveniles were more likely to abuse drugs and alcohol. This is contrary to popular class and race stereotypes (that inner city kids who come from impoverished homes are more likely to abuse drugs/alcohol.)

BIOLOGICAL

SEX IS A __________ DISTINCTION • XX = female; XY = male • Sex differences = body mass size, muscle development, difference in sex organs

Women disproportionately experience specific types of violent victimization:

Sexual victimization, domestic violence; yet these victimization's are often not reported to law enforcement

Reform cont...

Since these reformatories were made in order to "protect" women, it resulted in: The philosophy that women should be treated more like children. These early reformatories could be harsher than male prisons. Example: many women housed in them were relatively minor offenders; the goal of these reformatories were to reinforce societal expectations of women (such as cooking, sewing, & cleaning).

Prison Subculture

Some evidence that women form informal social networks, more so than men (women adjust to prison life by forming close relationships with other prisoners) While violence is still a feature of women's prisons (although not as severe as in male facilities), women form relationships based on traditional family roles. The creation of "pseudo-families" (older women take younger women under their wing - mother/daughter relationship) 30-60% of incarcerated women experience some type of lesbian relationship in prison

Mental Health

Some researchers believe that female prisoners in the U.S. suffer the most serious health problems in the entire population (in or out of prison!) Research indicates that 45% of female inmates are in need of mental health services. Incarcerated women are also at risk of suicide. One study found that 1 in 5 women have attempted suicide while incarcerated. Also, there is concern that incarcerated women have been exploited while under psychiatric care. Serving as "guinea pigs"; diagnosing all women as suffering from "penis envy.

Seneca Falls

The 1st feminist movement began at The _____________ _____________ Convention (New York, 1848)

Violence against Women Act (VAWA - 1994)

The _________________________ act isresponsible for: • Greater research into gender issues in CJ (examples: domestic violence, sexual assault, & stalking) • An increase in gender and CJ courses (Like this one!)

Gender bias at different stages of the CLS

The most support for evil women hypothesis is at the earliest stages of decision-making (police) - this is mainly due to the fact that most of the research done in this area dealt with status offenses, which disproportionately affects girls Support for equal treatment hypothesis most evident in the middle decision-making stages (the decision to prosecute, dismiss charges, and convict) Support for the chivalry hypothesis most apparent in the sentencing phase (but, studies found this disappeared when controlling for legal factors).

Theory Overview

The theories in this chapter are more consistent with feminist approaches (as opposed to those in chapter 2). These theories are relatively new theories (mid 1980's - early 1990's). These theories focus on 2 main questions: 1. How does the past predict the future? 2. What life events place youth (and sometimes adults) at risk of offending?

Hypotheses about female processing

There are 3 hypotheses to establish whether gender discrimination exists in crime processing (and if it does, is it against males or females?) 1. Equal Treatment (or "Null" - No Difference - Hypothesis) Men and women processed the same in the CJS. 2. Chivalry (Paternalism) Women receive preferential treatment in processing because they are seen as in need of protection. 3. Evil Woman Women receive more harsh sentences than men (e.g

Positivist Studies

There are 4 main assumptions: 1. Individual characteristics cause crime. 2. Women are biologically inferior to men. 3. Offending women are masculine (makes them as incompetent as women and are prone to law-breaking). 4. Differences between male and female criminality is due to sex, not gender differences (in other words, there is something wrong biologically, which makes them commit crimes). These studies were very sexist, classist, & racist. Focused on wealthy, white, married women.

Theft

There are some stereotypes regarding shoplifting. • Although the typical offender is thought to be female, more research suggests there are few gender differences here. Although most property offenders are male, growing evidence that women's rate of committing these offenses is increasing. • Embezzlement is a gender-neutral offense (50-50 split) • Fraud (41% of these offenders are women); counterfeiting (40 percent are females); this is coming close to being gender-neutral Conclusion: while men still dominate property crime offending, these are crimes most likely to be "gender-neutral.

SexualAbuse

There is much concern that incarcerated females experience sexual abuse at the hands of prison officers and staff members (in fact, some even get pregnant! - and forced to have abortions). No reliable data to assess how prevalent this is. Can occur two ways: 1. Outright sexual abuse (forced) 2. Coerced abuse (sex in exchange for favors)

Few gender-specific programs for women in corrections

Those in existence are questionable (a lack of training, vocational, education, & counseling programs available) The lack of interest & opportunities for females is troubling given that since the 1970's their incarceration rate has grown exponentially (more than men's!)

Crime Rates cont....

What are crime rates used for? • "To examine the extent and nature of offending at one point in time or - if conducted repeatedly - they can be used to examine changes over time," (Belknap, 2015, p.113) • UCR, NCVS, & Self Report Surveys can help us calculate crime rates per gender.

Homicide

Women accounted for 10-20% of homicide offenders in 2003. Evidence that number is going down: • From 17 percent in 1960 to 10 percent in 1990. When women do kill, their victims tend to be intimates (male partners - boyfriends, husbands, ex's). • Women kill their intimate partners at a higher rate than males (even though males commit much more intimate homicides than females). Again, evidence that women are committing less of these homicides than before.

Sexuality

Women and girls experience more constraints on their sexuality than men and boys. • Example: the terms "promiscuous," "nymphomaniac," & "loose" are rarely applied to boys/men. • Until recently, legal codes listed "promiscuity" and "adultery" as offenses and these were applied almost exclusively to women and girls. Per Belknap, that attitude persists today and affects how women are treated and processed by the CJS.

Psychological Impacts

Women are more likely to internalize anger. This results in: Higher suicide attempts, self-mutilation, cell destruction Over-medication of females (psychotropic drugs) in prison because: Females experiencing imprisonment more severely Women experiencing more pain from being separated from children Correctional agencies want to exert greater control over incarcerated females.

Gender Related Offenses

Women commit less crime than men, and their offenses tend to be less violent. • Thus, most crimes are "male-gender-related." Crimes where women are strongly represented are "female-gender-related": Example: sex work (prostitution). Crimes where women are represented similar to men are "gender-neutral-offenses": Examples: embezzlement, fraud.

Reform in the 1960's 70's and 80's

Women's movement (and increase in female incarceration) resulted in greater debate about female prisons. Concern that CJS was unprepared for the influx of female inmates (a large influx of drug users, prostitutes, and an increase in African American women) Flaws of these prisons: Designed like male facilities Not many of them existed— this resulted in females being housed in other state prisons.

Female Prisons

Women's prisons (due to the relatively small number of women incarcerated): Farther distance from prisoners' friends and families; making visitation less likely Lack of diverse educational, vocational, and other programming Low levels of specialized treatment, mental health services, and rehabilitation programs

Titlve VII (1972)

largely responsible for the increase in women working in the CJS. But, • Still low numbers • Female leaders not recognized • Sexual discrimination still exists in the workplace

standpoint theory

this is a starting point for many feminist studies. It claims that "one's social situation enables and sets limits on what one can know"

control

women commit less criminal and analogous behaviors because they have higher self-______________

Patriarchy

• "Social, legal, and political climate that favors male dominance and hierarchy" society or mindset does not distinguish between sex-based and gender-based realities, which is prejudicial and discriminatory

4 social bonds

• Attachment to parents, peers, and school. The more attached, the more likely the bond will hold the individual back; e.g. delinquents tend to not like school as much. • Commitment to the future and what someone has "at stake" to lose by getting caught violating societal norms; e.g. delinquents know that life chances in the future are not great; therefore, not as much to lose. • Involvement in legitimate activities (simply do not have as much time for illegitimate ones); i.e. "idle hands are the devils workshop" • Belief that the system and its agents are fair. Lack of belief makes crime possible; e.g. if the police are doing it, why should I conform? • Problem: Original research did not look at girls!

Not necessarily a clear distinction between female offenders, victims, and CJ professionals.

• Consider the CJ professional who has also experienced sexual abuse. • Or, a female offender that has experienced domestic violence.