Chapter 9 Gender, Crime, and Justice
Chapter 9
Gender, Crime, and Justice
Gender and offenders
• Criminologists worry about who commits crime and why– Sociologists worry about the same things – And sociologists really worry about how we
know• In other words, the quality of the data
• Data from before 1970 suggested that women are rarely criminal.
Copyright © Alan S. Berger, 2011
Types of Laws
• Historically, Women were treated as property
• In 1894 the US supreme court prevented a woman from being recognized as a Lawyer because “persons” meant males!
• Text will focus mostly on criminal law• Laws are made by legislators- until
recently primarily white middle-upper class males.
Copyright © Alan S. Berger, 2011
Gender and offenders
• Where do we get data?– Police Reports accumulated and sent to FBI
• What is reported and what is not?• Turned into Uniform crime reports
– Victim surveys– Self reported criminal behavior studies.
Copyright © Alan S. Berger, 2011
Gender and offenders
• Traditional belief was men commit most crimes – Especially young men
• Little attention given to females and what there was focused on– Showing how low the female rate was compared
to the male rate– Studies of prostitution– Analyses of violent, “sick” women since normal
women are passive and don’t commit crimes
Copyright © Alan S. Berger, 2011
Gender and offenders
• Traditional beliefs were challenged in the mid 1970’s by 2 studies– Freda Adler’s Sisters in Crime– Rita James Simon’s Women and crime
• Both argued that women’s crimes have changed– Female crime rate growing faster than male
rate– Type of female crimes changed
Copyright © Alan S. Berger, 2011
Gender and offenders
• Note, perhaps a statistical anomaly because women started at a very low rate.
• Both argued that the liberation movement was a logical cause of the change– When women got male opportunities they strove
for higher status in all fields including crime
– Simon argued that reduced frustration due to liberation reduced anger and desire to strike out thus channeling women into white collar crimes
Copyright © Alan S. Berger, 2011
Gender and offenders
• Both share the “liberation/emancipation theory” of women’s crime.
• Note that both studies based on “official” UCR data– That only includes reported crimes
• Estimated to be only 1/3 of all crimes committed• Example of Homicide arrests
– Women’s went up 79% between 1965 and 1970 (up from 1293 to 1645—352 more)
– Men’s rate went up 73% from 1965 to 1970( up from 6533 to 8858—2325 more)
Copyright © Alan S. Berger, 2011
Gender and offenders
• Researches used gender specific rates (arrests per 100,000 people of the gender)– Showed neither an increasing or narrowing
gender gap• Except in minor property crimes (larceny, fraud,
theft) and drug offenses
– However from the 1960s to 1990s women’s rates for these had increased.
– By the end of the 1990s both sex’s rated began to decline
Copyright © Alan S. Berger, 2011
Gender and offenders
• Due to positions in the labor force, women are not in positions to commit major white-collar crimes.
• Generally speaking there is little evidence to support the “liberation” theory of women’s crimes. – A large share of female property crime is made
up of shop lifting. – Do women get lighter sentences– needs
investigation
Copyright © Alan S. Berger, 2011
Copyright © Alan S. Berger, 2011
Women and Men as Offender
• Who commits crime? and why?
• Emancipation theory (also called the liberation theory)
• Drugs, Crime, and Gender
• Chivalry hypothesis (paternalism hypothesis)
Table 9.1 Arrest Trends by Sex (Adults), 1999–2008
Copyright © Alan S. Berger, 2011
Table 9.1 Arrest Trends by Sex (Adults), 1999–2008
Copyright © Alan S. Berger, 2011
Table 9.1 Arrest Trends by Sex (Adults), 1999–2008
Copyright © Alan S. Berger, 2011
With Justice for All?
• The Administration of Justice
• Do the Punishments Fit the Crimes?– Plea negotiation, better known as plea
bargaining– Sentencing disparity– Gender and Juvenile Offenders
• Gender and Corrections
Gender, Drugs, Crime
• Big increase in arrests for drug offenses • Based on the idea that taking users off the
street will reduce drug related crimes• Evidence that drug use begins in
adolescence– Drug use leads to other crimes for both men and
women• Property crimes• Prostitution
– Female addicts more heavily stigmatized than male and often forced into prostitution to support the habit
Copyright © Alan S. Berger, 2011
Equal Justice ?
• There cannot be a crime unless there is– A law or regulation against a particular
behavior– Laws and regulations passed by legislators
and bureaucrats.• Criminal Justice system (as well as legislatures
and bureaucracies) is male dominated– Traditional view of women
• Push over• Emotional, sentimental, too good, too righteous
Copyright © Alan S. Berger, 2011
Equal Justice ?
• Opposite arguments– Women would bring a civilizing influence
– Have a higher morality
• Training academies , law enforcement based discrimination on assumed innate differences that made women unlikely to succeed in these fields.
• Are women in law enforcement considered equal and welcomed as partners by males?
Copyright © Alan S. Berger, 2011
Equal Justice ?
• Recent developments– Increased female presence in ranks and as
officers– Still a belief in inherent male superiority– Double standard for performance
• Women vs men. How many male officers are not up to standard and how do they get away with it?
– Little evidence that women’s performance differs from men’s
– Evaluation research compares women to men
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• More females correctional officers– Because of more women arrested and jailed?– But male correctional officers complain about
their own safety
• Female lawyers and judges also discriminated against– Even though women close to a majority in law
school– Judges make demeaning remarks as do
colleagues
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• Female judges frequently limited to family, juvenile courts
• Most studies show little if any gender difference in sentences
• Suspect behavior is a major determinant of outcomes in court.
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• Steps in the process– Investigation– Arrest– Arrangement– Trial
• Bench• Jury• Civil/criminal• Negotiation• Sentencing
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• 82.4 % of criminal convictions result from plea bargains.– Good lawyer is a necessity– Discriminates against social minorities, including
women represented by public defenders
• Legal “reforms” have overloaded the system at all levels– Eliminated lots of different sentences for the
same crime– Longer sentences
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• The “get tough” reforms of the justice system at both state and federal level has ruled out much of plea bargaining – Especially for those represented by public
defenders– The greatest increase in incarceration based
on “3 strikes and you are out” came among Black Women
Copyright © Alan S. Berger, 2011
Sentencing Disparities
• Early studies of differences in sentences between men and women indicated preferential treatment for women
• Much of the research did not control for offense– Women’s crimes were less serious
• Recent studies controlling for offense and background show little sex difference
Copyright © Alan S. Berger, 2011
Sentencing Disparities
• Sentencing leniency seems to occur when– Men conform to “gender respectability”
• Example: middle aged white employed
– Women who appear as a traditional female• Example: economically dependent on a male, no
evidence of sexual deviance• No lenience shown to drug users
• Longer terms for women especially Black women
• Finally, more death sentencesCopyright © Alan S. Berger, 2011
Juvenile Justice
• Illinois had first Juvenile correctional institution and the first diversion programs.
• Status offenses vs crimes
• Many female juveniles are charged as runaways when they are fleeing abuse
• Diversion program federally mandated
• Race plays a role
Copyright © Alan S. Berger, 2011
Gender and Incaceration
• US has one of the highest rates of incarceration– Female rates MUCH lower Less then 10% of
the number of males
• Women in prison-– Prisons more attractive, living conditions very
similar to men’s
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• Women’s prison lack education and vocational training facilities– Emphasis on how to be a mother and wife,
not on marketable skills. – Lack of medical care, especially gynecological
and for baby care etc.– Treatment by anti-depressants and anxiety
can lead to more addictions
Copyright © Alan S. Berger, 2011
Gender, Courts, Corrections, Justice
• Women’s prison lack adequate facilities for visits with children.
• Political debate over the incarceration of women for relatively minor nonviolent crime.
• Summary: the criminal justice system is a another social institution that says it values equality but is particularly harsh on women.
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• There is general fear of becoming a victim of crime especially violence
• Actual chances of becoming a victim depend upon:– Race– Where you live– Gender
• See the table on page 277
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• NCVS (national criminal victimization study) began in roughly 1993 and is a good indicator of the victimized nation– Only in 1989 were more specific questions
asked– Doesn’t cover people in shelters or homeless– Doesn’t cover victims of corporate crime
• The dalkon shield contraceptive• Silicon breast implants• Loss of pension
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• Misclassification of homicides when resulting from domestic violence
• Women have greater fear especially of men
• Rape is probably the greatest fear• Usually accompanied by other violence• Police dumping of reports• Low conviction rates• Blame victim• Under 6% of rape victims are male
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• Rape….– Women’s appearance– Definition of consent– Marital rape
• Until relatively recently a husband could not be accused of raping his wife because she was his property
• 30 states still exempt husbands from prosecution for rape under certain circumstances
– Are rapists sick
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• Pornography– 1969 presidential commission on crime and the
prevention of violence included in its report media portrayals of violence can lead people to crime
– Does pornography do the same?
– Hard to define what pornography is• Feminist definition includes the origins of the word porn
as similar to the word prostitution or female captive
• Different from erotic
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• Pornography– Unable to find a link between pornography
and violence against women• Substantial evidence that it contributes to violence
– Not all pornography is violent• Varies by the medium used
– Physical evidence that all kinds of pornography increase male arousal and may lead to rape fantasies
• Certainly desensitizes the use of violence
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• Pornography– First Amendment rights limit its control so
does the Internet
• Institutionalized violence against women– Binding defeat of female children in China
• Tiny feet is very feminine• Testimony to the wealth of the woman’s male
companion
– The process of the widow burning yourself to death after her husband dies in India
Copyright © Alan S. Berger, 2011
Gender, criminal victimization and violence
• stoning women to death for violating the family’s honor
• Female genital utilization– Practiced in approximately 28 African
countries
• Rape is an act of war?
• Are not all of these human rights violations?
Copyright © Alan S. Berger, 2011
Copyright © Alan S. Berger, 2011
Table 9.2 Full-Time Sworn Personnel in Local Police Departments
Copyright © Alan S. Berger, 2011
Table 9.3 Arrest Trends by Sex (Juveniles under 18), 1999–2008
Copyright © Alan S. Berger, 2011
Table 9.3 Arrest Trends by Sex (Juveniles under 18), 1999–2008
Copyright © Alan S. Berger, 2011
Table 9.3 Arrest Trends by Sex (Juveniles under 18), 1999–2008
Copyright © Alan S. Berger, 2011
Table 9.4 Adult Prisoners Under State or Federal Jurisdiction
Copyright © Alan S. Berger, 2011
Table 9.5 Estimated Rate of Sentenced Prisoners
Copyright © Alan S. Berger, 2011
Criminal Victimization: Gender, Power, and Violence
• Hate Crimes
• Rape– Acquaintance rape– Marital rape
• Pornography– Erotica
Copyright © Alan S. Berger, 2011
Criminal Victimization: Gender, Power, and Violence
• Institutionalized Violence against Women: Custom or Crime?
• Violence Against Women as Human Rights Violations– Honor killing
• Power, Crime, and Justice
Copyright © Alan S. Berger, 2011
Table 9.6 Rates of Violent Victimization, by Sex, 2010