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Article

A discussion of feminist perspectives on crime and criminal justice in popular culture has to begin by pointing out that pop culture itself has traditionally been gendered as feminine. As epitomized by abstract visual art, nonnarrative poetry, and auteur cinema, high culture is still regarded in some critical circles as the opposite of popular culture, which is associated with the seductive and immersive qualities of mass media. Resulting from a masculinist aesthetic that privileged difficulty and abstraction as in Modernist poetics, so-called feminine forms have traditionally been considered to be less valuable than ones associated with masculinity. Media vehicles associated most readily and negatively with popular culture are those directed primarily at women audiences, such as daytime television, romance novels, and women’s magazines. Associated with the domestic space, leisure time, and unemployment, television itself was until recently viewed as a less-valuable, feminine medium. For these reasons, and because of television’s preoccupation with crime, this article concentrates on television as a formally feminized medium that has for technological and social reasons now become more highly valued. Critiquing the conjoining of masculinity and cultural value is a feminist task. As viewers watch their favorite series in public spaces on handheld devices, and certain series are considered novelistic and complex enough to supersede other cultural forums, television has gained new cultural credence and is a premier space in which to relate popular images about women and criminal justice.

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

Sarah R. Bostrom and Melinda Tasca

The re-entry experiences of women are an important area of inquiry given the continued rise in female imprisonment. Since most inmates will be released, reintegration is a chief policy concern. Like men, re-entering women tend to be disproportionately of color, poor, undereducated, and parents of minor children. What sets women apart from men, however, is the accumulation and frequency of the adversities they encounter. To be sure, co-occurring histories of trauma, mental health, and substance abuse—commonly referred to as the “triple threat”—along with physical health concerns and poverty, distinctly shape female re-entry. Women with children face additional burdens due to their status as mothers. In particular, women’s responsibilities for children before incarceration, contact with children during confinement, and expected parental roles after release are quite different than those of fathers. Pressures to assume mothering roles and challenges with parent-child reunification can further complicate re-entry. Women require social support to successfully transition from prison to home. Social support helps women meet competing demands related to housing, employment, transportation, childcare, and community supervision. This assistance typically comes from informal networks that are invaluable to re-entry success. At the same time, women’s relationships are often highly complicated and can be sources of stress. While prosocial relationships are protective, unhealthy ties can contribute to re-entry failure. With respect to formal social support, gender-responsive interventions that target the unique stressors of formerly incarcerated women offer the most promise for effecting post-release change. Yet, such programs are not widely available or accessible to this population. Finally, it is important to take stock of primary sources used in the study of female re-entry to identify ways to advance research and policy in this area.

Article

Ashley T. Rubin

Prisons are government-sanctioned facilities designed for the long-term confinement of adults as punishment for serious offenses. This definition of prisons, frequently belied by actual practice but an accurate representation of the prison as an ideal type, emerged relatively late in human history. For most of Western history, incarceration played a minor role in punishment and was often reserved for elites or political offenders; however, it was rarely considered a punishment in its own right for most offenders. The notion of the prison as a place of punishment emerged gradually, according to most accounts, over the 17th through 19th centuries. Although there were several precursors to penal incarceration, the most influential was the 17th-century Dutch workhouse, the first formal uses of penal incarceration in a prison as a distinct institution began with the American proto-prison in late 18th century and evolved into the modern prison in the early to mid-19th century. These modern prisons proved influential around the world. In late-19th-century America, however, the modern prison experienced a series of re-imaginings or iterations beginning with a proliferation of different forms, including distinctive forms of Southern punishment (convict leasing, chain gangs, and plantation-style prisons), specialized prisons across the country (women’s prisons, adult reformatories, and maximum-security prisons), and efforts to reduce reliance on prisons (drawing on innovations from Australia and Ireland). This flurry of activity was followed by a period of serial re-creation in the 20th century in the form of the big-house prison, the correctional institution, and the warehouse prison, including its subtype: the supermaximum-security prison. In this recent period, American prisons have once again become models copied by other countries.

Article

Sport is a part of our shared global and separate national popular cultures. Understanding of baseball may be low in the United Kingdom and may come from films like Field of Dreams, but the phrase “three strikes and you’re out” has entered English and Welsh Criminal Justice practice. Such mandatory sentencing for repeat offenders are, like “zero tolerance” or “the war on drugs,” often seen as imports from the Unites States. The popularity of baseball in Japan may be known to only a few outside that country. Many will associate Sumo with Japan, fewer will know of corruption and betting scandals (on baseball!) in the sport. The global sports of football and athletics/track and field have seen major corruption scandals. In athletics, that corruption may also involve the covering up the use of performance enhancing drugs. The sport most associated with drugs is cycling. The premier cycling—and popular cultural, event—the Tour de France, has seen occupational drug taking on a considerable scale, with the rise and fall of Lance Armstrong being the only knowledge of the sport that many will have. All these sports have waged their “war on drugs” or corruption, and these have entered popular culture through books and films. Yet many still believe sport to have noble roots and beneficial outcomes. Projects set up to prevent crime or encourage desistance from it are popular around the world; examples being soccer or rugby for prisoners, car racing for “joyriders,” or challenging adventure trips. Even tennis, golf, and video games have their supporters. Many successful boxers speak of troubled pasts from which their sport (and popularity) has saved them. However, many have found that fame (or loss of fame) and physical prowess have led them into trouble. There are also political and moral objections to sport. Specifically, there are feminist objections to the violence of some sportsmen towards women, as shown by stars of the NBA and NFL, NCAA athletes, and even local college teams. The occasional violence of sportswomen is treated, like women’s crime, as doubly deviant and especially newsworthy.

Article

This article analyzes journalistic depictions of violence against girls and women in Mexico in the context of several high-profile cases that have played out in the country over the past two decades. The argument is that the mainstream media uses two primary tactics to blame victims for the violence they have experienced: (a) claim that the victims are responsible for their own crimes by presenting sexist arguments that discredit their value as humans, and (b) claim that the mothers of victims of violence are also responsible for the crimes committed against their daughters by presenting sexist ideas that limit mothers and daughters to the domestic space. These tactics are used in order to continue to limit the participation of women in the public space and public life. Via interviews with mothers, activists, and journalists, this article explores the personal impact of journalistic depictions of violence against women and also looks at how journalists are working to represent women more diversely and in ways that feature their voices rather than silencing them. Part of the problem is that in Mexico, as in many countries, the mainstream media is controlled and reported on mostly by men. Given that Mexico is one of the most violent countries in the world for journalists, women are often discouraged from reporting, threatened with death, or simply made invisible because their stories are not considered important. In order to create real change in the way violence against women is represented, it is necessary to have gender parity in reporting and in ownership of media outlets. For this kind of equality to be possible, the government must offer more protection and support to journalists, and it should make gender studies courses a mandatory element of media training.

Article

Dawn Moore

The variables impacting how one experiences imprisonment are far ranging. George Jackson (1994), a pivotal character in American penal history, wrote that, “[b]lackmen born in the [United States] and fortunate enough to live past the age of eighteen are conditioned to accept the inevitability of prison” (p. 4). Ruth Wyner (2002), incarcerated 40 years after Jackson under vastly different circumstances, describes a very different sort of bleakness associated with her incarceration: One evening, just before I settled down to try to sleep, I allowed myself to remember my daughter in a way that I usually suppressed: remembering and feeling all the love that I had for her, every bit. A huge chasm grew inside me, dark and raw, and my throat constricted as I felt enveloped by the sadness. This was what was inside of me when I allowed myself to touch it. (p. 156) Such personal experiences of incarceration offer a window into how prisons function, or often more correctly, fail to function, from the point of view of the prisoner. These perspectives are vitally important to a fulsome understanding of incarceration because prisoners and their experiences paint a picture of confinement that is patently different from those described by penal officials and governments. There are numerous issues that shape the experiences of confinement, both historically and in the present day, a list longer than can be adequately addressed in this entry. Still, there are key concerns that recur in the literature and in ongoing debates about incarceration. Included here are human rights abuses, overcrowding, the overuse of solitary confinement, the situation of women prisoners, the incarceration of indigenous peoples, and health, especially mental health concerns.

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 contemporary era of “tough on crime” policies and the globalized drug war, the number of women in the criminal justice system has increased across several countries. Women’s involvement in the system is not limited to imprisonment, however, and many criminalized women (those involved in the justice system with the assigned status of defendants, offenders, etc.) participate in community-based programs after serving sentences in prisons or jails or as an alternative to incarceration. Criminalized women encounter multiple interlocking forms of oppression based on sexuality, race and ethnicity, class, disability, immigration status, punishment status, and (importantly) gender. Gendered ideas and norms shape the way women are treated not only by the carceral state but also by community-based, nongovernmental organizations (NGOs). NGOs have played an increasingly prominent role in the provision of social services since the 1970s. Organizations working with criminalized people in more affluent, English-speaking nations commonly address job readiness, psychological and substance issues, parenting, sexuality, romantic relationships, and spirituality, among other important areas. Some NGOs work with criminalized people as a condition of their criminal sentences. Criminalized women’s self-reported needs are great, yet resources are often scarce, inadequate, and unwelcoming, particularly for women of color. Responding to a dearth of services available to women, feminists formed NGOs focused on this population beginning in the 1970s; women are also served at NGOs that work with men. “Reducing offending” and “empowerment” are frequently stated goals at NGOs that work with women, but these goals can be interpreted widely depending on the views of NGO leadership and staff about gender. NGOs can approach women’s gender in a variety of ways. For instance, they can resist or affirm the dominant views used by the carceral state that criminalize and stigmatize women. Their approaches matter because of the implications for equality of opportunities that follow. Two major philosophies can motivate the outreach that NGOs do with criminalized women. Gender sameness disregards gender differences and stresses that it is necessary to treat women “like men” to reverse the disadvantages and marginalization that women encounter. Gender difference emphasizes the importance of treating men or women based on their purportedly unique characteristics and social experiences. Much critical feminist research on NGOs that work with criminalized women has studied programs formed around ideas of gender difference. Critical researchers have examined gender in organizational work with women outside of prisons, in community-based prisons run by NGOs, and in more traditional prisons. Researchers have examined practices at programs, the philosophies underpinning them, and their implications. This body of work shows that NGOs can perpetuate gendered exclusions and may expand the power of the carceral state. In their prescriptions for responding to the status quo, critical researchers make arguments along a spectrum from advocating more moderate social change, such as by creating more effective programs, to more radical social change, such as by ending community-based programs that perpetuate carceral control.

Article

News narratives of violence against women in India are part of a larger discourse of Orientalism that began in the nascent years of the British Raj and continues into the present; these narratives also reflect documented patterns of reporting on gender violence that sustain intersectional hierarchies of race and class as well as gender. In the years leading up to British Crown rule in India, newspapers were embroiled in debates around the rare practice of sati, or the self-immolation of widows. British and Indian newspapers carried articles and commentaries both decrying and defending the practice. Arguments about sati were predicated on contests over national autonomy rather than on the gender violence at the crux of the practice. Sati is conceptually related to “bride burning,” also dubbed “dowry death,” which is reported in the news media as an effect of Indian tradition and gender culture, in contrast to the reportage on domestic violence in “First World” settings, which is depicted in terms of isolated incidents and not interpreted as a consequence of the social milieu. Female infanticide and feticide follow similar patterns of journalistic framing. Human trafficking in India is reported narrowly in terms of sex trafficking and without reference to its connections with other forms of human rights violations. The 2012 rape and murder of Jyoti Singh Pandey in New Delhi incited widespread international and domestic media coverage of violence against women India. Analyses of this coverage revealed repeated tropes of Orientalism in the foreign news. The journalism about this crime characterized India as a place of ungovernable violence against women, overlooking the occurrence of similar crimes in the global North and thus reasserting geopolitical hierarchies of “First” and “Third” worlds. Indian news about this crime reinforced middle-class positions and values, reflecting the changing social dynamics of 21st-century India. Violence against LGBT+ populations, aggravated after the Indian Supreme Court’s re-criminalization of non-heterosexual sex in 2013, is largely unreported in the mainstream news media, although specialized LGBT+ media channels report on it regularly. Neocolonial tropes continue to circulate in news depictions of violence against Indian women, but the rising numbers of women journalists in India seek to expand the scope and depth of reporting on gender issues.

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

Nancy C. Jurik and Gray Cavender

The academic literature notes that male-centered protagonists dominated the crime genre (novels, film, television) for many years. However, beginning in the 1970s, when women began to enter the real world of policing, they also began to appear in the crime genre. Scholars describe how in those early years, women were depicted as just trying to “break in” to the formerly male world of genre protagonists. They experienced antipathy from their peers and superiors, a situation that continued into the 1980s. In the 1990s, television programs like Prime Suspect addressed the continuing antipathy but also demonstrated that the persistence and successes of women protagonists began to change the narrative of the crime genre. Indeed, some scholars noted the emergence of a feminist crime genre in which plot lines were more likely to address issues that concerned women, including issues of social justice that contextualized crimes. Not only was there an abundance of women-centered genre productions, there was a significant increase in academic scholarship about these protagonists. Some scholars argue that once women in the crime genre reached a critical mass, some of their storylines began to change. There was a tendency for women to be seen as less feminist in their career orientations and more like traditional genre protagonists, e.g., brooding, conflicted, and oppressive. Plots abandoned social justice issues in favor of more traditional “whodunits” or police procedural narratives. The same darkness that characterized men in the crime genre could now be applied to women. Some scholars have argued that a few feminist-oriented productions continue to appear. These productions demonstrate a concern not only with gender but also with issues pertaining to race, class, sexual orientation, and age. For the most part, these productions still center on white, heterosexual women, notwithstanding some attention to these larger social matters.

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

In the last 50 years, a wide body of research on domestic and family violence (DFV) has emerged, much of which focuses on the victim-survivor experience with the criminal justice system. DFV is an area of rapid law reform, most notably in Western nations such as the United States, the United Kingdom, and Australia, as legislative bodies attempt to align policies with emerging knowledge and best-practice principles. Policy and law reform, however, have seen a tension between limiting and enhancing victim autonomy in the criminal justice system process. For the most part, policies have focused on the former, reflecting the understanding that DFV is a crime against the state, thus rendering a victim’s ability to choose how they wish to seek protection a secondary priority. For some women, a mandatory criminal justice system intervention may be a useful tool in seeking protection and addresses past limitations of legal responses to DFV, wherein the violence committed by men against women was largely ignored. However, for many other women, engagement in the criminal or civil justice systems may both enhance risks to safety as well as further engrain disadvantage. While DFV policies have been well intended and reflective of the growing shift toward recognizing DFV as a significant public health issue, the same policies have largely ignored the voices of marginalized women and the ways in which “choice” may manifest differently for different women. There are often unintended consequences of DFV reforms relating to justice responses, which disproportionately affect some victims. Thus, a more nuanced approach in police and court responses to DFV is important to minimize adverse effects on victim-survivor voice and help-seeking.