Women and the Criminal Justice System: Gender Matters | Exercises Statistics

Women and the Griminal Justice System: Gender Matbrs

Meda Chesney-Lind, Ph.D., Professor, Women's Studr'es, University of Hawaii at

Manoa

fphroughout most of our nation's history, women offenders have been largely

I invisible or "forgotten" in a system designed to control and rehabilitate men.

r According to Maureen Cain, in both criminology and more broadly in the

criminal justice system, women and girls "exist as Other: that is to say, they exist

only in their difference from the male, the normal" (Cain, 1990:2). This has meant

that female victimization was ignored, minimized, and trivialized and that women's

crime was overlooked almost completely. For criminal justice professionals, the

time-honored defense of this posture was that there were so few women in the sys-

tem that accounting for gender was not necessary.

In the waning decades of the 20th century, this logic was abruptly undercut as

women's involvement in all aspects of the criminal justice system increased dramati-

cally. As an example, in just the last decade (between 1990 and 1998), the number

of women on probation increased by 40 percent, the number of women in jail in-

creased by 60 percent, the number of women in prison increased by 88 percent, and

the number of women under parole supervision increased by 80 percent. And, in

many of these systems, the increases seen in female rates outstrip those seen for

males; for example, since 1990, the number of female defendants convicted of felo-

nies in state courts has grown at more than twice the rate of increase for male defen-

dants.

The criminal justice system, long used to forgetting about women, was taken by

almost complete surprise when this change started. The starkest examples of this can

be found in corrections, where the number of women in prison has increased sixfold

since the 1980s. Caught by this unexpected increase, corrections officials in the

early '80s were forced to house women prisoners virtually anywhere-including re-

modeled hospitals, abandoned training schools, and converted motels. Increasingly,

though, states have turned to opening new units and facilities to respond to the soar-

ing numbers of women inmates. By 1990, the nation had 7l female-only facilities; 5

years later in 1995, the number of female facilities had jumped to 104-an increase

of 46.5 percent. Similar, though less easily quantified, changes have occurred else-

where in the criminal justice system as officials struggle with the dramatic increase

in women offenders.

Changes in Women's Crime?

Is the dramatic increase in women's involvement with the criminal justice system a

response to a women's crime problem spiraling out of control? Other indicators give

little evidence of this. For example, the total number of arrests of adult women,

which might be seen as a measure of women's criminal activity, increased by only

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Women and the Griminal Justice System: Gender Matbrs

Meda Chesney-Lind, Ph.D., Professor, Women's Studr'es, University of Hawaii at

Manoa

fphroughout most^ of^ our nation's^ history, women^ offenders have been^ largely

I r invisible^ or^ "forgotten"^ in^ a^ system designed^ to control^ and^ rehabilitate^ men.

According to Maureen Cain, in both criminology and more broadly in the

criminal justice^ system, women and girls "exist as Other: that is to say, they exist

only in their difference from the male, the normal" (Cain, 1990:2). This has meant

that female victimization was ignored, minimized, and trivialized and that women's

crime was overlooked almost completely. For criminal justice professionals, the

time-honored defense of this posture was that there were so few women in the sys-

tem that accounting for gender was not necessary.

In the waning decades of the 20th century, this logic was abruptly undercut as

women's involvement in all aspects of the criminal justice^ system increased dramati-

cally. As an example, in just^ the last decade (between^ 1990 and 1998), the number

of women on probation increased by 40 percent, the number of women in jail^ in-

creased by 60 percent, the number of women in prison increased by 88 percent, and

the number of women under parole^ supervision increased by 80 percent. And, in

many of these systems, the increases seen in female rates outstrip those seen for

males; for example, since 1990, the number of female defendants convicted of felo-

nies in state courts has grown^ at more than twice the rate of increase for male defen-

dants.

The criminal justice^ system, long used to forgetting about women, was taken by

almost complete surprise when this change started. The starkest examples of this can

be found^ in^ corrections, where the number^ of women in prison^ has^ increased^ sixfold

since the 1980s.^ Caught by this^ unexpected increase,^ corrections officials in^ the

early '80s were forced^ to^ house^ women^ prisoners^ virtually anywhere-including^ re-

modeled hospitals, abandoned training schools, and converted motels. Increasingly,

though, states have turned to opening new units and facilities to respond to the soar-

ing numbers of women inmates. By 1990, the nation had 7l female-only facilities;^5

years later in 1995, the number of female facilities had jumped^ to 104-an increase

of 46.5 percent.^ Similar, though^ less^ easily^ quantified,^ changes^ have occurred^ else-

where in the criminal justice^ system as officials struggle with^ the^ dramatic^ increase

in women offenders.

Changes in Women's Crime?

Is the dramatic increase in women's involvement^ with^ the^ criminal justice^ system^ a

response to a women's crime problem spiraling^ out^ of control?^ Other^ indicators give

little evidence of this. For^ example, the^ total^ number^ of^ arrests^ of^ adult^ women,

which might be seen as a measure of women's^ criminal activity,^ increased^ by only

38.2 percent between 1989-1998, while the number of women under correctional su-

pervision increased by 71.8 percent.

What does explain the increase?^ A recent study by the Bureau of Justice Statistics

indicates that growth in the number of violent offenders was the major factor for

male prison growth, but for the female prison population^ "drug offenders were the

largest source of growth." One explanation, then, is that the oowar^ on drugs" has be-

come a largely unannounced war on women. Two decades ago, in 1979, one in ten

women in U.S. prisons (10 percent) was doing time for drugs. Now, the proportion

is over one in three (38 percent).

What about media images of hyper-violent women offenders? Arrest data show a

rather sharp increase in the number of women arrested for simple and aggravated as-

sault in recent years,^ though not for other crimes of violence like murder, which

show decreases. Here again, many^ suspect that policy^ changes could be a major ex-

planation of these pattems. ln California, girls and women accounted for 6 percent of domestic violence arrests in 1988 but 16.5 percent in 1998; essentially, the female

share of domestic violence arrests tripled in a decade. In Concord, New Hampshire,

35 percent of those arrested for domestic violence were women, and in Boulder,

Colorado, women constituted 25 percent^ of those arrested. Essentially, mandatory

arrest policies in the area of domestic violence have swept up large numbers of women. Figures like these may also explain why so many "violent" women offend-

ers were on probation^ caseloads rather than in prison.

Women's Pathways

How should the criminal justice^ system respond to women offenders? Should they

be treated as if they were male? Certainly, that has been the response of many in criminal justice-who^ have often justified^ such treatment as a form of equality. Set- ting aside the justice^ aspects of this (^) dispute, will (^) treating women offenders as if they

were men result in effective responses to their behavior? Research on women's path-

ways into crime clearly disputes this notion and suggests that gender matters in the

forces that propel women into criminal behavior. For this reinon, gender must be

taken into^ account in^ crafting effective responses^ to their problems.

Hints about women's criminal behavior are apparent in a national survey of im-

prisoned women, which found that women in prisons have experienced far higher

rates of physical^ and sexual abuse than their male counterparts. Forty-three (43)^ per-

cent ofthe women^ surveyed reported^ they^ had^ been abused^ at least once before^ their

current admission to^ prison;^ the comparable^ figure^ for^ men was^ 12.2^ percent.

For about a third of all women^ in^ prison (31.7^ percent), the^ abuse started^ when

they were girls,^ but it^ continued^ as^ they^ became adults.^ A^ key^ gender^ difference emerges here. A number of young men who are in prison^ (10.7 percent) also^ report

being abused as boys, but this^ abuse^ did^ not^ continue^ to^ adulthood.^ One^ in four

women reported that^ their^ abuse^ started^ as^ adults, compared^ to^ only^3 percent^ of

male offenders. One-third (33.5^ percent) of the^ women^ surveyed reported physical

abuse, and a slightly higher number (33.9 percent) had^ been^ sexually^ abused^ either

as girls or young women,^ compared^ to^ relatively^ small percentages^ of^ men (10 per-

cent of boys and 5.3 percent^ of^ adult^ men^ in prison) who^ had been^ sexually^ abused.

A look at the offenses for which women^ are incarcerated^ quickly^ puts^ to^ rest^ the

notion of hyper-violent, non-traditional women criminals.^ "Neatly half^ of^ all^ women

illegitimate opportunity structures, in personal^ networks, and in family obligations."

(English, 1993:374)

lmplications for Programming

Women offenders, then, have different personal histories than their male counter-

parts and less serious offense backgrounds. In particular, women's long histories of

repeated victimization have to be considered in crafting any response to their crimi-

nal conduct. As an example, it is understood that women might use drugs for reasons

quite different from those of her male counterparts (often self-medication). She may

also have been coerced into drug offenses or other criminal behavior because of an

abusive spouse or boyfriend (called "gender entrapment" by Beth Richie) (Richie,

1996). Women's property offenses are often directly linked to economic marginali-

zation they have suffered both as women and, not infrequently, as women of color.

The desire to protect and support their children-women under correctional supervi- sion were the mothers of an estimated 1.3 million children-means that women^ of-

fenders must have safe, affordable housing for themselves and their children, ready

access to reliable transportation, and realistic employment opportunities. They also

must not be over-burdened by onerous probation and parole conditions that, even

when crafted with the best of intentions, often result in their commitment (or^ re-

commitment) to prison.

The good news is that while there is a great deal to accomplish, the work we are

about will make for a safer society in this new century and could well be a model for all criminal justice^ practitioners-not^ simply those who work with women. The non-

violent backgrounds of women offenders allow us to look past punitive and mascu-

linist crime policies that stress punishment/imprisonment to forms of restorative jus-

tice that can be best achieved in the community. Such approaches heal rather than

harm the social fabric, as they are far less likely to fuel racial tensions or exacerbate

poverty. They are also far more affordable than costly imprisonment. Our work for

women on the economic and racial margins can, in fact, be a model for more hu-

mane ways to reduce both crime and victimization for both female and male offend-

CTS. I

References

Cain, Maureen. 1990. "Towards Transgression: New Directions in Feminist Criminology. "^ Interna- tional Journal ofthe Sociologt ofLaw l8(l):1-18. English, Kim.^ 1993.^ "Self-Reported^ Crime^ Rates^ of Women^ Prisoners."-Iozrnal^ of^ Quantitative Crimi- nolog't9:357-382. Ritchie, Beth. 1996. Compelled to Crime: the^ Gender Entrapment of Battered^ Black llomen.^ New York: Routledge. Snell, Tracy L. and Danielle C.^ Morton.^ 1994.^ Lltomen^ in^ Prison-Special^ ReporL Washington, D.C.: Bureau of Justice Statistics.

Meda Chesney-Lind, Ph.D., is a professor^ of women's studies^ at^ the^ University^ of

Women and the Criminal Justice System: Gender Matters, Exercises of Statistics

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Download Women and the Criminal Justice System: Gender Matters and more Exercises Statistics in PDF only on Docsity!

Women and the Griminal Justice System: Gender Matbrs

Meda Chesney-Lind, Ph.D., Professor, Women's Studr'es, University of Hawaii at

fphroughout most^ of^ our nation's^ history, women^ offenders have been^ largely

I r invisible^ or^ "forgotten"^ in^ a^ system designed^ to control^ and^ rehabilitate^ men.

According to Maureen Cain, in both criminology and more broadly in the

criminal justice^ system, women and girls "exist as Other: that is to say, they exist

only in their difference from the male, the normal" (Cain, 1990:2). This has meant

that female victimization was ignored, minimized, and trivialized and that women's

crime was overlooked almost completely. For criminal justice professionals, the

time-honored defense of this posture was that there were so few women in the sys-

tem that accounting for gender was not necessary.

In the waning decades of the 20th century, this logic was abruptly undercut as

women's involvement in all aspects of the criminal justice^ system increased dramati-

cally. As an example, in just^ the last decade (between^ 1990 and 1998), the number

of women on probation increased by 40 percent, the number of women in jail^ in-

creased by 60 percent, the number of women in prison increased by 88 percent, and

the number of women under parole^ supervision increased by 80 percent. And, in

many of these systems, the increases seen in female rates outstrip those seen for

males; for example, since 1990, the number of female defendants convicted of felo-

nies in state courts has grown^ at more than twice the rate of increase for male defen-

The criminal justice^ system, long used to forgetting about women, was taken by

almost complete surprise when this change started. The starkest examples of this can

be found^ in^ corrections, where the number^ of women in prison^ has^ increased^ sixfold

since the 1980s.^ Caught by this^ unexpected increase,^ corrections officials in^ the

early '80s were forced^ to^ house^ women^ prisoners^ virtually anywhere-including^ re-

modeled hospitals, abandoned training schools, and converted motels. Increasingly,

though, states have turned to opening new units and facilities to respond to the soar-

ing numbers of women inmates. By 1990, the nation had 7l female-only facilities;^5

years later in 1995, the number of female facilities had jumped^ to 104-an increase

of 46.5 percent.^ Similar, though^ less^ easily^ quantified,^ changes^ have occurred^ else-

where in the criminal justice^ system as officials struggle with^ the^ dramatic^ increase

in women offenders.

Changes in Women's Crime?

Is the dramatic increase in women's involvement^ with^ the^ criminal justice^ system^ a

response to a women's crime problem spiraling^ out^ of control?^ Other^ indicators give

little evidence of this. For^ example, the^ total^ number^ of^ arrests^ of^ adult^ women,

which might be seen as a measure of women's^ criminal activity,^ increased^ by only

38.2 percent between 1989-1998, while the number of women under correctional su-

pervision increased by 71.8 percent.

What does explain the increase?^ A recent study by the Bureau of Justice Statistics

indicates that growth in the number of violent offenders was the major factor for

male prison growth, but for the female prison population^ "drug offenders were the

largest source of growth." One explanation, then, is that the oowar^ on drugs" has be-

women in U.S. prisons (10 percent) was doing time for drugs. Now, the proportion

is over one in three (38 percent).

What about media images of hyper-violent women offenders? Arrest data show a

rather sharp increase in the number of women arrested for simple and aggravated as-

sault in recent years,^ though not for other crimes of violence like murder, which

show decreases. Here again, many^ suspect that policy^ changes could be a major ex-

share of domestic violence arrests tripled in a decade. In Concord, New Hampshire,

35 percent of those arrested for domestic violence were women, and in Boulder,

Colorado, women constituted 25 percent^ of those arrested. Essentially, mandatory

ers were on probation^ caseloads rather than in prison.

How should the criminal justice^ system respond to women offenders? Should they

were men result in effective responses to their behavior? Research on women's path-

ways into crime clearly disputes this notion and suggests that gender matters in the

forces that propel women into criminal behavior. For this reinon, gender must be

taken into^ account in^ crafting effective responses^ to their problems.

Hints about women's criminal behavior are apparent in a national survey of im-

prisoned women, which found that women in prisons have experienced far higher

rates of physical^ and sexual abuse than their male counterparts. Forty-three (43)^ per-

cent ofthe women^ surveyed reported^ they^ had^ been abused^ at least once before^ their

current admission to^ prison;^ the comparable^ figure^ for^ men was^ 12.2^ percent.

For about a third of all women^ in^ prison (31.7^ percent), the^ abuse started^ when

being abused as boys, but this^ abuse^ did^ not^ continue^ to^ adulthood.^ One^ in four

male offenders. One-third (33.5^ percent) of the^ women^ surveyed reported physical

abuse, and a slightly higher number (33.9 percent) had^ been^ sexually^ abused^ either

as girls or young women,^ compared^ to^ relatively^ small percentages^ of^ men (10 per-

cent of boys and 5.3 percent^ of^ adult^ men^ in prison) who^ had been^ sexually^ abused.

notion of hyper-violent, non-traditional women criminals.^ "Neatly half^ of^ all^ women

illegitimate opportunity structures, in personal^ networks, and in family obligations."

(English, 1993:374)

Women offenders, then, have different personal histories than their male counter-

repeated victimization have to be considered in crafting any response to their crimi-

nal conduct. As an example, it is understood that women might use drugs for reasons

quite different from those of her male counterparts (often self-medication). She may