Implications of Feminist Criminology for Criminal Justice

Current statistics show that men commit 80% of all crime and women commit only 20%. However there are arguments to suggest that the statistics highlight an under representation of female criminality, and there are many sociological arguments to suggest that female criminals are treated more leniently. On the other hand, some sociologists believe women are treated more harshly when they commit certain types of crime. This essay aims to assess the reasons for gender differences in reported crime rates.

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 criminal justice system is a male dominated occupation. For many years women have tried to break down the barrier and some have succeeded. But unlike men, women have to fight to be respected and to be heard. There has always been a gender bias. Women have decided to work outside the home and “move in” on careers that were specified as male professions. Females unfortunately have to

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.

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.

Gender inequality still plays a huge role in today’s society. Women comprise only a small percentage of the local law enforcement agencies across the nation. Women have been a part of law enforcement since the 20th century but have only been noticed within the last 40 years. Back in the 1970’s women rarely held positions in law enforcement and if they did it was mainly clerical/desk positions. Even though the amount of women in law enforcement today has increased, women still only make up roughly around 13 percent of the law enforcement work force (Public). Women can make such an impact in the Law Enforcement field if given a fair chance but they may face many problems when doing so. Some say that women don’t belong, while others suggest

I believe that this train of thought addresses the cause of criminal behavior in women because many viewpoints that fall under the umbrella of feminism are given as different causes of criminal conduct in women .Feminist criminology lacks evidence of a woman’s crime. Women's activist theories not only strive to elucidate criminal wrong doing, exploitation and additionally join together theory with practice to create more impartial answers for the crime at hand.

Gender is clearly one of the major factors in the causes of crime as men commit far more crimes than women. “90% of those found guilty are men.” – the poverty site

There are many factors that inhibit women to commit violent crimes. Most women suffer from substance abuse, spouse abuse and mental issues. The most common risk is being previously being abused earlier in life. A survey conducted in 2002 reported that thirty six percent of all female

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.

Since 1970, there has been an increasing and alarming rise 138 percent of violent crimes committed by women. Still, while the equivalent percentage compared to male violence is small 15 percent to 85 percent the fact that the numbers have elevated so drastically points to something changing in society.

And most of types of crime committed by women are also committed by men and to a large extent both sexes live in the same environment and are subject to the same types of peer group pressures and effects on upbringing. There are a number of different strands of feminism each of which has impacted on criminology in different ways. Liberal feminism views women as an equal part of society. It centers on rights and non-discrimination. Criminology much of the work of this group has been associated with a study of the discriminatory practices of the criminal justice system,

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.

The social process and traditional structure theory explained why female crime rates are rather lower than males. The social process theory tend to explain the traditional crime with regards to differential opportunity to lean criminal techniques and values. The use of the traditional theory shows evidence in which considered the overlap on the causes of crimes committed by both genders. Studies shows that both male and female offenders that came in contact with the criminal justice system often came from a social background that are typically of low socioeconomic status, poorly educated, under or unemployed, and minority groups (Steffensmeir and Allan, 1995). The only difference between male and female offenders is, female