This essay will crucially consider whether there is inequalities within the criminal justice system between mothers and fathers, this will analyses a lot of statistics about males and females within prison with ratios of mothers in prison and that is compared to fathers, also compare between the crime and relations to the crime to show a clear cut understanding if there is or isn’t inequalities. The essay will discuss criminological theories linking in to how crime is seen in society the differences of each gender having committed the same crime the theories that will be used is, feminist theory which will focus on how mothers end up in prison and also how they are treated differently to fathers within the criminal justice system. The second theory will be the strain theory this will be about how strain and pressure can build up to a criminal act being carried out by females and the aftermath of being convicted, this will relate to how children become a victim between parents being incarcerated and the focus on the strain that goes through a mother compared to a father. Other approaches that link within the feminist and strain theory is oppression, social control and male domination, which will relate to how the construction of non-controllable actions would lead the pathway to prison for mothers and fathers and how these factors play a huge role.
It could be argued, and has been argued, that all sorts of bias, sexist language and behaviour are still common and still enter the criminal justice process consequent on the sex of the offender this is because the criminal justice system can favour potential female offenders meaning more men appearing as known offenders (Pollak, 1950). However men are more predominantly to commit mor...
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...: Control, Help and Change? London: Criminal Justice Joint Inspection.
Ministry of Justice. (2010, September 23). Population in custody monthly tables August 2010 England and Wales. London, United Kingdom, England.
Mooney, J. (2000). Gender, Violence and the Social Order. Basingstoke: Palgrave.
Pollak, O. (1950). The Criminality of Women . New York: Greenwood Press.
Prison Reform Trust. (2010). Women in Prison . London: Prison Reform Trust.
Smith, P., & Riley, A. (2009). Cultural theory an introduction. Oxford: Blackwell Publishing Ltd.
Visher, C. A. (2013). Incarcerated Fathers: Pathways From Prison to Home. Criminal Justice Policy Review , 24 (1), 9-26.
Walklate, S. (2004). Gender Crime and Criminal Justice. Devon: Willan Publishing.
Women in Prison. (2013, October 1). STATISTICS. Retrieved November 29, 2013, from Women in Prison: http://www.womeninprison.org.uk.
Sentencing disparity refers to the differences in sentences that are passed down in the same instances. This can happen on a variety of fronts. It can occur with judges, in different states, states v. federal, different prosecutors, among different victims, etc. (Criminal – Sentencing…2017 p.4) A more specific definition from USLegal.com states that, “Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law.”. There are a variety of ways that sentencing disparity affects the justice system. There are three factors that disparity looms around; they are gender disparity, racial disparity, and age disparity. (4
However, this disparity is more of a perception, as the differences of how the actual crime was committed, mitigating factors, and the victims change the overall treatment of female sex offenders and male sex offenders through the criminal justice system. These perceptions cause a belief that female offenders are treated differently than male offenders. These perceptions are unfounded, as they do not include the factors that affect the outcome of proceedings. Because no two cases are similar, a conclusive answer to “fairness” may never be found. Works Cited Center for Sexual Offender Management.
Although the years since Smart’s study have seen much more interest in the study of female crime and deviance, many general theories in this area continue to neglect gender as a factor influencing criminality. This is despite the fact that official figures suggest that gender is perhaps the most significant single factor in whether an individual is convicted of crime. Any theories which fail to explain this relationship could therefore be seen as inadequate. OFFICIAL STATISTICS, CRIMINALITY AND GENDER Pollak – the ‘masked’ female offender – ‘chivalry’ thesis Writing in 1950, Otto pollak argued that official statistics on gender and crime were highly misleading.
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
Not only is prison ineffective in preventing reoffending in women and is expensive, it can be extremely damaging to the female’s well-being and their families. The effect that a custodial sentence has on women is arguably far worse than for men. Women are often not prepared or equipped for their life following their prison sentence; due to the fact that women are more likely to be lone parents before prison (Social Exclusion Unit, 2002), are more likely to leave prison homeless and unemployed (Wedderburn, 2000), and are more likely to lose access of their children whilst serving their sentence (Corston, 2007). Statistics from 2010 showed that around 17,000 children become separated from their mother by imprisonment (Wilks-Wiffen, 2011). This can be absolutely devastating to not only the female offender, but to their innocent children too. Moreover, due to the small number of women’s prisons, the average distance that women are sent away from their homes is around 60 miles (Women in Prison, 2013). Therefore, even if the women are lucky enough to keep in contact with their children, it can be tremendously hard to organise visitation and uphold
Arrests by Race, 2006. Retrieved from http://www.infoplease.com/ipa/A0004896.html US Census Bureau. (2011). The 2012 Statistical Abstract. Retrieved from http://www.census.gov/compendia/statab/cats/law_enforcement_courts_prisons.html
Hobler, B. (2001). The Awakening of Fatherhood: A Program for Incarcerated Men. Journal of Correctional Education , 108-113.
Classical and contemporary theory helps to explain gendered crime patterns. The feminist school of criminology argue criminology and criminal theory is very masculine, all studies into criminal behaviour, have been developed from male statistics and tested on males. Very little research is conducted into female criminality, this may be because women who commit crime are more likely to be seen as evil or mentally ill rather than criminal, this is because women are labe...
Women in Prison. Washington, D.C.: Bureau of Justice Statistics Varnam, Steve. Our prisons are a crime (reforming the prison system). Editorial. Christianity Today 21 June 1993
Erin G., 2010, A Woman Doing Life: Notes from a Prison for Women: The Southwest Journal of Criminal Justice. New York: Oxford University Press, 2010. Pp. vi, 202, Vol. 8(2)175.
The focus of this paper is to inform if the rates of violence are higher in male or in female prisons and why that is the case. Various key factors have been addressed in relation to this topic. These four factors would not only help in answering the research questions, but open opportunities for similar research to be conducted. This research paper will explore if violence is higher in male or female prisons and why is it high.
Parental incarceration can affect many aspects of a child’s life, including emotional and behavioral well-being, family stability and financial circumstances. The growing number of children with an incarcerated parent represents one of the most significant collateral consequences of the record prison population in the U.S. Children who have an incarcerated parent require support from local, state, and federal systems to serve their needs. Kids pay both the apparent and hidden costs while their loved one serves out sentences in jail or prison.
U.S. Department of Justice. (2012). Correctional Populations in the United States, 2011. Bureau of Justice Statistics.
Carson, Ann E. and Daniela Golinelli, Prisoners in 2012: “Trends in Admissions and Releases, 1991-2012” (Washington, DC: U.S. Department of Justice of Justice Statistics, Dec 2013. Web. 2 Feb 2014.
The Prison Reform Trust. (2013) Prison: the facts Bromley Briefings Summer. Available from: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Prisonthefacts.pdf [Accessed 01 January 2014].