9| Equal Justice?

1. Historical Perspective
1. Women viewed us untrustworthy outside the male gaze. Under surveillance much more than men.
2. Male crime = normal 'boys will be boys'. Female criminality as a reaction to male authority?
3. Those in trouble were sent to penal insitutions to be reformed.
2. Research
1. Lombroso - phrenology and study of autopsies. Female criminals in possession of more 'male' characteristics. Masculine biological orientations. Female criminals resembled men more closely than non-criminal females.
2. Pollack - the types of crime women commit - (petty, theft,shoplifting,abortions) were under--represented in stats because they can easily be concealed, criminal justice system was too chivalrous. Women inherently deceitful by nature: intercourse, hiding menstruation. Women as criminal masterminds: manipulating men to commit criminal acts but keeping their name clear.
3. Gender & Sentencing
1. Player - fundamental notion in legal procedure is for all cases to be treated alike.
2. Justice should be and be seen to be gender-blind.
3. Why should women with caring responsibilities be 'let off'? Such views sit uncfomortably with government reports which argue the 'equal but different' principle should be the guide with sentencing women.
4. Do the courts treat women differently?
1. Chivalrous justice? Are women offenders more likely to be 'let off' by the courts on account of their sex.
2. Sometimes female offending can evoke punitive response from sentencers ' She should know better'.
3. Issues of women sentencing in court is complex... Scottish sheriffs distinguish between 'good' and 'bad' mothers and sentences accordingly. Women who are married are more likely to be looked upon favourably. Benevolent repression- women in need of psychiatric treatment. Patriarchal chivalry depending on the offence.
5. Double standards- Why?
1. Deviant women are criminalised and punished twice. The way a woman looks in court also may affect the sentence received.
2. 1. For their betrayal of 'womanhood'
3. 2. Failing to submit to 'the law'/
6. Sentencing Women Offenders
1. Magistrates sentence the majority of women offenders to short term custody or punishment in the community.
2. Growing numbers of women are sent to prison for non-violent/petty offences. There is unclear views on whether magistrates are making the most of community sentences for women.
7. What crimes do women commit?
1. Mostly non-violent. Theft and handling stolen goods. Benefit fraud, drug offences, Violence against the person(alcohol usually a contributing factor), Prostitution offences (usually to support their own or someones else drug habit)
8. Are women committing more crimes?
1. between 1993-2001, number of prisoners doubled. Increase of 140% over this period compared to 46% in male population. WHY??? - types of crime, changes in sentencing practice and changed in societal reactions to female crime. More punitive sentencing. Main female offences (violence against the person, theft, handling, fraud are being taken more seriously. Major drug offences- these are given longer sentences.
2. More paternal sentencing - 'benevolent repression' - time to reform. Changing societal reactions towards women offenders rather than their involvement in crime - equality before the law.
9. Women & Punishment
1. Re-labelling- process by which offences that were previously considered minor become relabelled as violent.
2. Re-discovery - realisation that women probably are more aggressive than the standard stereotype as them being passive and submissive.
3. Up-criming - changing response to certain types of behaviour e.g. carrying a knife.
10. Women Offenders
1. often in poverty/social exclusion. Poor educational attainment, mental health problems, substance misuse, violence/abuse, family breakdown.
11. Is prison different for women?
1. Because the numbers are so small, only a few prisons across the country- women held a long distance from home. Mix of agent offence category - petty offenders with convicted murders, order.younger.
2. Specialist programmes can be limited. Infantilisation - lack of domestic responsibilities, many mothers head of family unit, no cooking = bad development of mothers, bad for children.
3. Strong argument that they experience prison differently to men. Some women like it - feeling of safety, ability to get clean. Many don't know any different.
12. Custody or Community?
1. replacement of existing prisons with small, custodial centres. Prison too remote, too diverse and lack facilities for women needs.
2. More local prisons with lower security for womens needs e.g. childcare.

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	Created by xhen dr about 10 years ago