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Article

Gina Fedock and Stephanie S. Covington

As the number of women under correctional supervision continues to increase in the United States, attention to gender within correctional programming is crucial as women offenders present with different concerns than their male counterparts. Gender differences exist in a range of criminal justice factors, including pathways to involvement in the criminal justice system, frequencies in types of offenses, treatment needs, and facilitating factors for treatment engagement and positive outcomes. Thus, this chapter highlights the importance of gender in terms of correctional program design and delivery. Gender-responsive programming for women involved in the criminal justice system is guided mainly by the feminist pathways theory of women’s criminality, as well as additional theories. This framework considers the interconnected roles of trauma and victimization histories, substance abuse, economic and social marginalization, and the gendered effects of criminal justice policies and practices. For gender-responsive programming, elements that should be considered in women’s treatment and services in correctional settings include: program environment or culture or both, staff competence, theoretical foundations, treatment modalities, reentry issues, and collaboration. In addition, principles of trauma-informed care are crucial elements needed in systems and services for women involved in the criminal justice system. These two frameworks of gender-responsive programming and trauma-informed care offer specific principles that can be applied across correctional settings for women to shape policies, programming design, program delivery, and daily practices. Likewise, these frameworks encourage community-based responses to women’s involvement in criminal behaviors. Gender is a crucial element for correctional programming in multiple ways.

Article

Tim Brennan, William Dieterich, and William Oliver

From rudimentary conceptions of risk in the late 18th century, risk assessment slowly evolved toward a more multifaceted conceptualization of risk and progressed to more sophisticated methods to calibrate offender risk levels. This story largely involves the struggles in criminology and applied agencies to achieve a successful “science-to-practice” advancement in risk technologies to support criminal justice decision making. This has involved scientific measurement issues such as reliability, predictive validity, construct validity, and ways to assess the accuracy of predictions and to effectively implement risk assessment methods. The urgent call for higher predictive accuracy from criminal justice policymakers has constantly motivated such change. Over time, the concept of risk has fragmented as diverse agencies, including pretrial release, probation, courts, and jails, have sought to assess specific risk outcomes that are critical for their policy goals. Most agencies are engaged in both risk assessment and risk reduction, with the latter requiring a deeper assessment of explanatory factors. Currently, risk assessment in criminal justice faces several turbulent challenges. The explosive trends in information technology regarding data access, computer memories, and processing speed are combining with new predictive analytic methods that may challenge the currently dominant techniques of risk assessment. A final challenge is that there is, as yet, insufficient standardization of risk assessment methods; nor are there any common language or definitions for offender risk categories. Thus, recent proposals for standardization are examined.

Article

Lindsay L. Kahle and Jill Rosenbaum

The emergence of feminist criminology several decades ago heralded the creation of theoretical and justice-involved spaces that are specifically centered and tailored to the unique needs of women. More specifically, this shift turned attention to issues that weren’t typically discussed, for example, female victims and offenders, male battery, and sexual assault, as well as sexual and familial violence. One of the greatest contributions made by feminist criminology is gender-responsive programming, which recognizes that unique “pathways to delinquency” exist for girls and that these pathways often involve trauma and abuse. As a result, this type of programming attends to the specific needs of girls and young women, as they differ from those of boys and young men. Although research shows that these programs work to improve the lives of girls, they often overlook how sexual orientation—as it intersects with gender—often compounds such pathways altogether.

Article

Breanna Boppre, Emily J. Salisbury, and Jaclyn Parker

Scholarship in criminology has focused on individuals’ pathways to crime—how life experiences, often beginning during childhood, lead to criminality in adolescence or adulthood. General frameworks for this research include life-course, developmental, and biosocial criminology. However, because the vast majority of the general pathways research literature was developed using samples of boys and men, scholars with a feminist theoretical background argue that such research is not truly representative of girls and women’s pathways to crime. While general theories of crime have been applied broadly, gender-specific pathways to crime account for important distinctions between male and female experiences. Thus, gender (and sex), through biological differences, social norms, and expectations, shapes individual life experiences that result in distinct pathways to crime for men and women. Consequently, understanding criminality requires a full consideration of gendered experiences. Even though similar life events may occur with both men and women, individual responses and effects can vary greatly and lead to different pathways to criminal behavior. Accordingly, this article discusses pathways to crime though a gendered lens. First, men’s pathways to crime are presented, which have been traditionally represented through general criminological research. Next, women’s specific pathways to crime are discussed, developed primarily through the gendered pathways literature. Finally, future directions in pathways research are outlined.

Article

Lynne Haney and Lili Dao

In many respects, gender has been missing from the enormous literature on the form and focus of state systems of punishment. This is true in both the historical accounts on shifts in penal practices and the scholarship on the contemporary emergence of mass incarceration. Gender is absent as a category of analysis and as an explanatory variable in these scholarly debates. At the same time, while there is a large literature on women in the criminal justice and penal systems, it rarely addresses broader questions of how and why the penal system has grown in size, deepened in scope, and broadened in reach over the last few decades. There have been three major approaches to the study of gender and punishment. The first inserted women into accounts of the criminal justice and penal systems, which had historically concentrated on male offenders. Some of this early work used a historical lens to analyze shifts in women’s confinement practices, particularly the evolution of the reformatory in the 19th and early 20th centuries. Influenced by debates in feminist legal theory about sameness and difference, one major line of inquiry sought to determine whether women were treated more leniently than men, particularly with regard to sentencing. A second approach, gaining momentum in the 2000s, shifted the focus from gender differences in outcomes to the gendered dynamics of penal control. More qualitative in nature, this scholarship conceptualized gender as a process that was both transformed and harnessed in penal institutions. Drawing on a broader movement in gender studies, this work focused less on women per se than on how gender was socially constituted. The third and final approach takes seriously the call of critical legal scholars of race and gender to examine the intersections of disadvantage. While academic analyses of intersectionality came to the fore in the 1990s, this perspective made few inroads into penology and criminology until relatively recently. Recent work on the intersection of racialization, masculinity and punishment, and the sexual politics of the prison point to promising new directions that transcend common understandings of criminalization and punishment.

Article

Dana Peterson

Sex and gender are often conflated, but there are important distinctions between the two. This is true also with terms related to gender identity, including masculinities and femininities or the performance of gender. In addition, the terms gang and gang member are contested, so it is important to establish a basis for understanding these terms in order to discuss the relationships between gender and gang involvement. Historically, gang-involved young women and men were described in terms of gender extremes, with scholarship and journalistic accounts focusing on the perceived aggressive masculinity of lower class males—and the deviant sexuality of females, who were rarely seen as legitimate full-fledged members of those groups. By the 1980s and 1990s, young women were recognized in scholarship as “real” gang members, and qualitative researchers sought to provide voice to them and examine issues of gender and gender dynamics in gangs, while quantitative researchers sought to explore similarities and differences between girls and boys in gangs, often through large scale studies using self-report surveys of adolescents. Feminist criminology and burgeoning queer criminology have pushed and blurred the boundaries of gender and gang involvement, asserting the importance of taking into account multiple, intersecting identities that differentially structure the experiences of young people, and of the troubling heteronormative, heterosexist, and cisgendered assumptions that have permeated criminology. Moving away from these assumptions means accounting, for example, not only for gender but also for the multiplicative effects of race, ethnicity, class, sexuality, ability, etc.; it means considering what the presence of young women in stereotypically hypermasculine environments signifies for gender performance, moving away from assumptions of opposite sex attraction that cast females in supportive and dependent roles with males, and accounting for the experiences of gang members who identify outside gender and sexual orientation binaries. These issues provide fruitful avenues for sensitive and productive future scholarship on gender and gang involvement.

Article

Women and white-collar crime is a topic that has, overall, received little attention in the literature. Initially, women were omitted from discussion and research because of their lack of participation, though some early commentary focused on victimization. When Edwin Sutherland first drew public and academic attention to white-collar crimes, few women were employed in positions that were conducive to commit elite crimes related to occupations or professions. According to Sutherland, white-collar crime involved professional men in positions of trust. From 1939 until the 1970s, work on white-collar offenders and offenses was male-centric, which included both scholarly researchers who were exploring the topic and males committing the majority of crimes. Corporations and respected professionals, not women, were presented with a multitude of opportunities to engage in white-collar crimes with little or no serious consequences. Primarily male corporate executives, politicians, and medical professionals committed white-collar crimes that included, for example, activities such as price fixing, insider trading, bribery, insurance fraud, and Ponzi schemes. Women, who lacked opportunity outside the private sphere of the home, were less involved in crime overall and certainly were in no position to commit white-collar offenses. In the 1940s and 1950s, female crime was typically viewed as promiscuous, aberrant, and male-like behavior. Eventually, in the mid-1970s as more women moved into the public sphere seeking employment, early predictions by female scholars suggested that an increased involvement in white-collar crime was inevitable. The types of crimes committed by women, as noted by pioneering female scholars, were likely to expand beyond prostitution, check kiting, and shoplifting to white-collar offenses as opportunities became increasingly available in the public sphere. Gender inequality in most criminal endeavors continues to exist and more recent debates continue about the role of women in white-collar crime.

Article

In the 21st century, an unprecedented rise in the visibility of and social acceptance for lesbian, gay, bisexual, and transgender (LGBT) people has been accompanied by exponential growth in scholarship on LGBT people generally and their experiences in diverse communities and institutional contexts in the United States and around the globe. A growing body of literature draws on first-person accounts, qualitative analyses, and statistical assessments to understand how and why LGBT people end up in prisons and other types of lock-up facilities, as well as how they experience being imprisoned and the collateral consequences of those experiences. Scholarship in this body of work focuses on (a) the range of abuses inflicted on LGBT prisoners by other prisoners and state officials alike, including mistreatment now widely recognized as human rights violations; (b) the variety of ways LGBT people are managed by prison officials, in the first instance whether their housing arrangements in prison are integrationist, segregationist, and/or some combination of both, including the temporary and permanent isolation of LGBT prisoners; and (c) the range of types of political mobilization that expose the status quo as unacceptable, define, and document the treatment of LGBT people behind bars as human rights violations, demand change, and advocate new policies and practices related to the carceral state’s treatment of LGBT people in the United States and across the globe. The study of LGBT people in prisons and other detention facilities is compatible with larger calls for the inclusion of sexual orientation, gender identity, and gender expression in criminology and criminal justice research by advancing theoretical and empirical understandings of LGBT populations as they interact with the criminal justice system, and by incorporating this knowledge into broader criminological conversations.

Article

The development of social media, and Web 2.0 more broadly, has revolutionized all aspects of our social, cultural, and political lives. Notably, social media and online platforms have opened up space for resisting gender-based violence (GBV) in a way that, in some respects, was not possible “offline.” Some authors, drawing on Nancy Fraser, have conceptualized online spaces as a form of “counter-public”—a site in which collective and individual resistance to, and contestation of, dominant norms is enabled. Given the well-documented trajectories of victim-blaming and the perpetuation of various myths and misperceptions in relation to gender violence, social media spaces can function as a counter-public or countercultural forum in which victim-survivors can give voice to their experiences in their own words, and in doing so challenge persistent norms and stereotypes. Such practices have been documented across the Global North and South, with the potential of social media as a space of resistance and contestation most recently evidenced by the #MeToo global phenomenon, which was preceded by a string of digital activist efforts such as SlutWalk, Hollaback, #WhyIStayed, and #EndRapeCulture. Yet the use of digital platforms to resist gender violence brings with it a range of concerns and limitations. While some activists and victim-survivors are able to harness social media to share experiences and be heard, the ability to do so continues to be shaped by factors such as age, (dis)ability, sexuality, socioeconomic status, race, and geographical location. Online resistance has likewise faced critique for actively reproducing certain myths and stereotypes about gender violence, or for providing a limited or partial picture of what this violence “is.” This suggests that only certain victim-survivors and experiences are recognized and validated as such online. In addition, online disclosure and the “naming and shaming” of perpetrators raises serious concerns regarding due process and “vigilantism.” Moreover, social media spaces can themselves be sites of gender violence, with the routine harassment and abuse of (particularly) women online increasingly well documented. Together, such perspectives illustrate the complex, nuanced, and deeply political role of social media as a site of resistance to gender violence.

Article

Walter S. DeKeseredy

There is no single critical criminology. Rather, there are critical criminologies with different histories, methods, theories, and political perspectives. However, critical criminology is often defined as a perspective that views the major sources of crime as the unequal class, race/ethnic, and gender relations that control our society. Critical criminologists oppose prisons and other draconian means of social control. Their main goal is major radical and cultural change, but they recognize that these transitions will not occur in the current neoliberal era. Hence, most critical criminologists propose short-term anticrime policies and practices and fundamental social, economic, and political transformations, such as a change from a capitalist economy to one based on more socialist principles.