gender, crime and justice

There are striking gender differences in the patterns of recorded crime:

• Girls and women appear to commit f____ crimes than boys and men and, when they do offend, females tend to commit d____ k____ of crimes from males.

• Traditionally, m____-d_____ c_____ neglected f____ c____, both because females were seen as c____ less crime, and because their behaviour was seen as less in need of c____.

• However, more recently, feminists have focused attention on the p____ and causes of f____ c____.

• Sociologists have also turned their attention to the c_____ of male criminality. In particular, there has been considerable interest in the relationship between m____ and c____, and some sociologists have argued that crime is a way for some males to achieve and express their m____

There are striking gender differences in the patterns of recorded crime:

• Girls and women appear to commit fewer crimes than boys and men and, when they do offend, females tend to commit different kinds of crimes from males.

• Traditionally, male-dominated criminology neglected female criminality, both because females were seen as committing less crime, and because their behaviour was seen as less in need of controlling.

• However, more recently, feminists have focused attention on the patterns and causes of female criminality.

• Sociologists have also turned their attention to the causes of male criminality. In particular, there has been considerable interest in the relationship between masculinity and crime, and some sociologists have argued that crime is a way for some males to achieve and express their masculinity.t

Gender patterns in crime

Most crime appears to be committed by m____.

As H____ and S____ (2012) observe, gender differences are the most significant feature of recorded crime. For example, official statistics show that:

• ____ convicted offenders in England and

• Wales are m____.

• By the age of ____, ____% of females have a c_____ c____, as against ___% of males.

Gender patterns in crime

Most crime appears to be committed by males.

As Heidensohn and Silvestri (2012) observe, gender differences are the most significant feature of recorded crime. For example, official statistics show that:

• 3/4 convicted offenders in England and

• Wales are male.

• By the age of 40, 9% of females have a criminal conviction, as against 32% of males.

Gender patterns in crime

Among offenders, there are some significant gender differences. For example, official statistics show that:

• A higher proportion of female than male offenders are convicted of p___ o___ (except b____).

• A higher proportion of male than female offenders are convicted of v___ or s___ o___.

• Males are more likely for what. 3 things? For example, men are about ___ times more likely to be convicted of h___.

Such statistics raise three important questions:

1. Do women really commit so f____ crimes, or are the figures an i____ p____ of their offending?

2. How can we explain why those women who do o____ c____ crimes?

3. Why do males commit more c____ than females?

Gender patterns in crime

Among offenders, there are some significant gender differences. For example, official statistics show that:

• A higher proportion of female than male offenders are convicted of property offences (except burglary).
  A higher proportion of male than female offenders are convicted of violence or sexual offences.

• Males are more likely to be repeat offenders, to have longer criminal careers and to commit more serious crimes. For example, men are about 15 times more likely to be convicted of homicide.

Such statistics raise three important questions:

1. Do women really commit so few crimes, or are the figures an invalid picture of their offending?

2. How can we explain why those women who do offend commit crimes?

3. Why do males commit more crimes than females?

Do women commit more crime?

Do the official statistics on offending give us a t___ p____ of the extent of gender differences in crime? Some sociologists and criminologists argue that the statistics u____ the amount of female as against male offending. Two arguments have been put forward in support of this view.

• what are the 2 arguments?

Do women commit more crime?

Do the official statistics on offending give us a true picture of the extent of gender differences in crime? Some sociologists and criminologists argue that the statistics underestimate the amount of female as against male offending. Two arguments have been put forward in support of this view.

• Typically 'female' crimes are less likely to be reported.For example, shoplifting is less likely to be noticed or reported than the violent or sexual crimes more often committed by men. Similarly, prostitution - which females are much more likely than males to engage in - is unlikely to be reported by either party.

• Some claim that even when women's crimes are detected or reported, they are less likely to be prosecuted or, if prosecuted, more likely to be let off relatively lightly. (The chivalry thesis )

The chivalry thesis

• what does the thesis argue?

• For example, P____ (1950) argues that men have a p____ a____ towards women and that 'Men h____ to a____ women and thus send them to their p____, police officers d____ to a___ them, d____ a____ to p____ them, j____ and j___ to find them g____, and so on.'

• The criminal justice system is thus more l____ with women and so their crimes are less likely to end up in the o___ s____. This in turn gives an i___ picture that exaggerates the extent of gender differences in rates of offending.

The chivalry thesis

• The thesis argues that most criminal justice agents - such as police officers, magistrates and judges - are men, and men are socialised to act in a 'chivalrous' way towards women.

• For example, Pollak (1950) argues that men have a protective attitude towards women and that 'Men hate to accuse women and thus send them to their punishment, police officers dislike to arrest them, district attorneys to prosecute them, judges and juries to find them guilty, and so on.'

• The criminal justice system is thus more lenient with women and so their crimes are less likely to end up in the official statistics. This in turn gives an invalid picture that exaggerates the extent of gender differences in rates of offending.

The chivalry thesis → Self-report studies

• The chivalry thesis has been debated. Evidence from some self-report studies - where individuals are asked about what ? - does suggest that female offenders are treated more l___.

• For example, G____ and B____ (1995) research on a sample of ____14-25-year-olds found that although males were more likely to offend, the difference was s___ than that recorded in the official statistics.

• They found that males were how many times? more likely to admit to having committed an offence in the previous twelve months - whereas the official statistics show males as four times more likely to offend.

• Similarly, F___-P___ et al (2000) found that, while only one in ___ female self-reported offenders had been cautioned or prosecuted, the figure for males was over one in seven self-reported offenders.

The chivalry thesis → Self-report studies

• The chivalry thesis has been debated. Evidence from some self-report studies - where individuals are asked about what crimes they have committed - does suggest that female offenders are treated more leniently.

• For example, Graham and Bowling's (1995) research on a sample of 1,721 14-25-year-olds found that although males were more likely to offend, the difference was smaller than that recorded in the official statistics.

• They found that males were 2.33 times more likely to admit to having committed an offence in the previous twelve months - whereas the official statistics show males as four times more likely to offend.

• Similarly, Flood-Page et al (2000) found that, while only one in 11 female self-reported offenders had been cautioned or prosecuted, the figure for males was over one in seven self-reported offenders.

The chivalry thesis → Official statistics

• At first sight, c____ statistics appear to give some support to the chivalry thesis. For example: Females are more likely than males to be r____ on bail rather than r____ in c___

• Females are more likely than males to receive what?, and less likely to be sent to p____. Women on average receive s____ p___ s____.

• Only one in n___ female offenders receive a prison sentence for s___, but one in f___ males.

• Similarly, H___ (1992) study of over how many defendants. found that women were about o___-t____ less likely to be jailed in similar cases.

The chivalry thesis → Official statistics

• At first sight, court statistics appear to give some support to the chivalry thesis. For example: Females are more likely than males to be released on bail rather than remanded in custody.

• Females are more likely than males to receive a fine or a community sentence, and less likely to be sent to prison.
  Women on average receive shorter prison sentences.

• Only one in nine female offenders receive a prison sentence for shoplifting, but one in five males.

• Similarly, Hood's (1992) study of over 3,000 defendants found that women were about one-third less likely to be jailed in similar cases

The chivalry thesis → Evidence against the chivalry thesis

There is considerable evidence ✘against the chivalry thesis:

1. For example, F____ and M____' (1983) study of s____ of ___offences of t____ in a m____' court found that women were not sentenced more l____ for comparable offences.

2. A review of B____ and A____ s___-r____ studies also concludes that women who commit s____ o____ are not treated more f___ than men.

3. Similarly, B____ and F____ (1984) observational study of s____ in a d____ s___ witnessed t___ as many m____ shoplifting as f____ - despite the fact that the numbers of male and female offenders in the official statistics are more or less e___. This suggests what?

The chivalry thesis → Evidence against the chivalry thesis

There is considerable evidence ✘against the chivalry thesis:

1. For example, Farrington and Morris' (1983) study of sentencing of 408 offences of theft in a magistrates' court found that women were not sentenced more leniently for comparable offences.

2. A review of British and American self-report studies also concludes that women who commit serious offences are not treated more favourably than men.

3. Similarly, Buckle and Farrington's (1984) observational study of shoplifting in a department store witnessed twice as many males shoplifting as females - despite the fact that the numbers of male and female offenders in the official statistics are more or less equal. This suggests that men are shoplifting more, but women are being caught and prosecuted more often. In other words, male shoplifters are more likely to get away with it, while female shoplifters are more likely to be reported to the police and punished.

The chivalry thesis → Evidence ✘against the chivalry thesis

• Self-report studies also provide evidence that m____ commit more offences.

• For example, young men are more likely than females to report b____ d____, taking i____ d____ or engaging in d_____ c____.

• H____ et al (2009) found that they were s____ more likely to have been o____ in all s___ types of crime

• How does this go against the chivalry thesis?

The chivalry thesis → Evidence ✘against the chivalry thesis

• Self-report studies also provide evidence that males commit more offences.

• For example, young men are more likely than females to report binge drinking, taking illegal drugs or engaging in disorderly conduct.

• Hales et al (2009) found that they were significantly more likely to have been offenders in all serious types of crime

• This goes against the chivalry thesis because self-report studies show that males actually commit more crime than females across most offences. - If chivalry theory were correct, then: Police would be “sweeping women’s crimes under the rug,” and therefore Self-report studies should reveal much higher female offending than official statistics

The chivalry thesis → Evidence ✘against the chivalry thesis

Under-reporting of male crimes against women

• The chivalry thesis also ignores what?

• Y____ (1997) found that a woman typically suffers how many assaults? before reporting d_____ v____.

• Crimes of the powerful are also u_____-r____ in self-report and victim surveys, and these are also more likely to be committed by m____ in more p____ p____ in the job market.

• If women appear to be treated more leniently, it may simply be because their offences are l____ s____. For example, the l____ r____ of p_____ of females as compared with their self-reported offending may be because the crimes they admit to are less s____ and less likely to go to trial.

• Women offenders also seem more likely to show remorse, ( why are they more likely to show remorse?) this may help to explain why they are more likely to receive a c____ instead of going to c____.

The chivalry thesis → Evidence ✘against the chivalry thesis

Under-reporting of male crimes against women

• The chivalry thesis also ignores the fact that many male crimes do not get reported.

• Yearnshire (1997) found that a woman typically suffers 35 assaults before reporting domestic violence.

• Crimes of the powerful are also under-represented in self-report and victim surveys, and these are also more likely to be committed by men in more privileged positions in the job market.

• If women appear to be treated more leniently, it may simply be because their offences are less serious. For example, the lower rate of prosecutions of females as compared with their self-reported offending may be because the crimes they admit to are less serious and less likely to go to trial.

• Women offenders also seem more likely to show remorse, ( because of gender socialisation — Girls are often taught to be more caring, empathetic, about others’ feelings, so they may express guilt more openly. Boys are more often encouraged to appear tough or unemotional, so they may hide remorse even if they feel it.) this may help to explain why they are more likely to receive a caution instead of going to court.

Bias against women

• Many feminists argue that, instead of the criminal justice system being biased in favour of women, - what instead?

• As H____ (1996) argues, the courts treat females more harshly than males in what instances ?

D____ s____ - courts punish girls but not boys for p_____ or 'p____' s___ activity.

• Such girls can end up in c____ without ever having committed an offence.

• S____ (2009) found from her analysis of ___ y___ w____ records, that ___ out of girls were referred for support because they were s_ a____, but none out of ___ boys.

• This means youth workers or social services to treat them as “at r___4” and refer them for s____ — even though the same behaviour by boys was not treated as a problem.

Women who do not conform to accepted standards of m____ h____ and motherhood are punished more harshly.

• As S____ (2006) found, magistrates' perceptions of female defendants' characters were based on s___ g____ roles.

• Women are judged not just for the crime they commit, but for shat?

• If a woman does not fit expectations of being: what? then courts are more likely to see her as i____ or i_____ and p____ her more h____.

• For example, A s____ m____ s____ to provide for her children might be punished more h____ than a man committing the same offence, because she is seen as failing t____ gender roles.

Bias against women

• Many feminists argue that, instead of the criminal justice system being biased in favour of women, as the chivalry thesis claims, it is biased against them.

• As Heidensohn (1996) argues, the courts treat females more harshly than males when they deviate from gender norms. For example:

Double standards - courts punish girls but not boys for premature or 'promiscuous' sexual activity.

• Such girls can end up in care without ever having committed an offence.

• Sharpe (2009) found from her analysis of 55 youth worker records, that 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys.

• This means youth workers or social services to treat them as “at risk” and refer them for support — even though the same behaviour by boys was not treated as a problem.

Women who do not conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly.

• As Stewart (2006) found, magistrates' perceptions of female defendants' characters were based on stereotypical gender roles.

• Women are judged not just for the crime they commit, but for how well they fit traditional gender roles.

• If a woman does not fit expectations of being: in a committed heterosexual relationship, or a “good mother,” then courts are more likely to see her as immoral or irresponsible and punish her more harshly.

• For example, A single mother stealing to provide for her children might be punished more harshly than a man committing the same offence, because she is seen as failing traditional gender roles.

Bias against women

• C_____ (1997) puts forward a similar view

• She argues that when women are jailed, it is less for what? and more according to what?

• C____ found that S____ judges were much more likely to jail women whose c____ were in c____ than women who they saw as g___ m___.

• If a woman has children in c____, judges may see her as i_____ or failing in her “m____ d____”, so they punish her more h____ to signal that she has failed s____ as well as l___.

• If a woman’s children are cared for at home, judges may view her as a “g____ m___” who is fulfilling her expected role, so they are more l___, even if the crime is the same.

Bias against women

• Carlen (1997) puts forward a similar view

• She argues that when women are jailed, it is less for 'the seriousness of their crimes and more according to the court's assessment of them as wives, mothers and daughters'.

• Carlen found that Scottish judges were much more likely to jail women whose children were in care than women who they saw as good mothers.

• If a woman has children in care, judges may see her as irresponsible or failing in her “motherly duties”, so they punish her more harshly to signal that she has failed socially as well as legally.

• If a woman’s children are cared for at home, judges may view her as a “good mother” who is fulfilling her expected role, so they are more lenient, even if the crime is the same.

Bias against women

• Feminists argue that these double standards exist because the criminal justice system is p____.

• This is clearly evident where?

• There have been numerous cases of male judges making s____, v____-b____ remarks.

• For example, C____ S____ (1989) quotes J____ W^___ as saying that ‘Women who say n___ do n___ always mean n___…If she doesn't want it she only has to keep her l____ s____!'

• Similarly, as W____ (1998) argues, in rape cases it is not the defendant who is on trial but the victim, - why!

• According to A____ (1987), women who are deemed to lack r____, such as single p____, punks and peace protestors, find it difficult to have their t___ b____ by the court.

Bias against women

• Feminists argue that these double standards exist because the criminal justice system is patriarchal.

• This is clearly evident in the way the system deals with rape cases.

• There have been numerous cases of male judges making sexist, victim-blaming remarks.

• For example, Carol Smart (1989) quotes Judge Wild as saying that ‘Women who say no do not always mean no…If she doesn't want it she only has to keep her legs shut!'

• Similarly, as Walklate (1998) argues, in rape cases it is not the defendant who is on trial but the victim, since she has to prove her respectability in order to have her evidence accepted.

• According to Adler (1987), women who are deemed to lack respectability, such as single parents, punks and peace protestors, find it difficult to have their testimony believed by the court.