Gender and Crime Notes 2-4

UCR (Uniform Crime Report)

•  Official Statistics only reported by police

NCVS (National Crime Victimization Survey)

Victimization survey to identify persons who’s been victims of if the cases were reported to the police

Street Culture

Masculinized with violence as accpeted resource and violence against women being endemic; Battered Person tend to murder inmates after history of phsyical violence and abuse

Criminal Offending is Genderded

• Masculinity is entwined with cultural views - use of violence to prove they are “Real” men

Robbery’s Sex Difference

Violence for women is gendered, arising from male friends and intimates

Homicide Victimization

• Men are victimized by men, Women victimized by male intimates

Statistics of Sex, Gender & Victimization → Don’t Show

• Women may not see themselves as victims 

• Women will not discuss or report rape as its heavyily stigmitazied 

• Assault by intimate is seen to be normal, private and family relationships based on culture

Domestic Violence Statistics:

• Framed as a womens issue

• CTS (Conflict Tactic Scale) → Used to higlight prevalence of domestic violence

Victimization Theories:

• Victim precipitation by Wolfgang → explain only small piece of rape and highly illogical (NOT blaming victim)

  • Suggests the characteristics of victims precipitate the crime 

• Cohen & Felson Routine activities theory → Reflects men’s victimization by not female offending 

Violence Against Women:

• Rape → Not random; common in certain settings where male dominated jobs

Characteristics of Rape-free Society

• Women take major roles in religious rituals

• Women hold political power equal/comparable to men

• Society economically secure

• Violence is not viewed as legitimate method to solve conflicts

Characteristics of Rape-prone Society:

• Worship single male god

• Power held by all males

• Violence used to solve conflicts

Gendered → Victimization:

• Occurs in all classes, race and genders 

• Roots of violence engrained in cultural & social practices → Culture is the origin of violence meaning changes in cultural offers lasting solutions 

Gender & Criminal Justice System (CJS)

4 Principle Groups of CJS → police, lawyers and judges and correctional officers - prisons

Discrimination → Age:

• Status offences 18 years → illegal to run away, illegal to buy/drink alcohol or break curfew 

Age of Majority → Differs in Areas/Countries:

• Indonesia → 15

• North Korea → 17

• Canada → 18

• Japan → 20 

Discrimination → Sex-related Issues

• Criminalization of sex between consenting same sex adults

• Prostitution → Female victims usually criminalized and men most times are less likely to be charged 

Discrimination Based on Effect:

Punishments & Sentencing → Different sentences between Crack (Less pure; used mostly by blacks, poor and ethnic minorities) and Powdered Cocaine (Pure, used mostly by Caucasians and other races)

Discrimination Disparity in Law Enforcement:

• Discrimination by practice in arresting, bail, charging and prosecuting → over representation of ethnicity minority groups and aboriginal people means longer prison sentences 

Gender Inequality in CJS:

• Sex and gender have served as basis for discrimination 

• Prostitution → Legal but only solicitor is criminalized - Men usually ignored

• Pregnant women uses cocaine can be arrested for felony child abuse → Father on drugs are not prosecuted

Criminal Law Dictates:

• Gender discrimination with prostitution 

• Pregnant women and felony child abuse charges

• Equal responsibility for all person held based on Anti Drug Acts

Gender Inequality in Policing:

Patriarchy → Women treated more leniently - Self report reveals men commit more serious crimes and are arrested more often

Gendered Organization → Prison:

• No provision for women offenders 

• Considered irredeemable 

• Inappropriate training 

• Gendered perception of staff

Gendered → CJS:

Based on structure and practice → police, law, courts, corrections

Intersectionality showed based on complex influences of age, sex, gender, class and race 

Age of Consent: 

• General age of consent is 16 → rises to 18 in cases involving position of authority/trust

Close in Age Exceptions:

Teens aged 14-15 can consent to partners → less that 5 years older

People aged 12-13 can consent → less that two years older 

Penalties: 

• Offences involving under age of consent carry mandatory minimum sentence and heightened penalties

Consent:

• Essential words in Cnadian law covering sexual assault and other sexual offences

• Sexual activity committed without consent can be charged with criminal offence

Categories of UCR:

• Index Crimes 

  • Violent Crimes → Homicide, Forcible rape, robbery, aggravated assault

• Bulk of Offences

  • Property crimes → Fraud, Simple Assault

  • Public Order Crimes → Drunkenness, Drug Driving Violations

Criminal Homicide:

• Murder & non negligent manslaughter → Willful killing of one human being by another

• Manslaughter by Negligence → Killing another person through gross negligence

Forcible Rape:

• Carnal knowledge of female forcibly and against her will → Forced rape, attempt/assault to rape whatever the age of victim are included

Aggravated Assault:

• Unlawful attack by one person upon another for purpose of inflicting severe bodily injury → usually with a weapon

Burglary → Breaking or Entering:

• Unlawful entry of a structure to commit a felony or theft

Larceny Theft (Not Motor Vehicles):

• Unlawful taking, carrying, riding away, leading away property from the possessions from another

Motor Vehicle Theft:

• Theft or attempted theft of motor vehicle → runs on land and self propelled

Arson:

• Willful or malicious burning or attempt to burn with/without intent to defraud, dwelling house, public building or motor vehicle 

Sex Difference in Arrests:

• Men are more likely to get arrested

• Women outnumber men in prostitution and status offences

Masculinity:

• Set of attributes, behaviors and roles associated with both and men

Robert Merton → Strain Theory:

• Less access to legitimate means to achieve goals

Edwin Sutherland:

• Criminal behaviour learned in social context

Albert Cohen:

• Street gangs and Working bouts achieve middle class standards, low success leads them to groups in which they can succeed 

Freda Adler-Liberation Hypothesis:

• Predicted that women would become more violent as they take men socials and political roles

Cesare Lombroso → Criminologist:

• Women were non capable of commiting crimes as they could not conceptualize and execute, feeble minding lacking natural instinct

Rita Simon Emancipation Theory:

• Increased participation in workforce will afford women greater opportunities to commit job related crimes

Lawrence Cohen:

• States that goals of femininity focus on “beauty” and heterosexual relations → no need to use crime to get things

Jody Miller:

• 90% men arrested for street robberies, Both male and female involved by gender shapes methods and rewards of robbery

Structurally Gendered:

• Criminal offending on the streets

• Men dominate upper level hierarchy, control lucrative activities and reap greatest rewards