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the extent of offending
frequency with which they offend
nature of crime
type of crime committed
gender related crimes
>= 20%
theft- men more
forgery & fraud- men more
robbery- men more
white collar crime- women typically embezzle + shoplift for need not greed
prostitution- women related
gender neutral
<= 10%
poverty & theft
gender gap
bc of gender bias, assumptions of women participating in certain crimes, self report surveys lack of willingness to report
UCR
advantages: nationally representative
disadvantages: hierarchy rule, not a lot of info on victims or offenders
NIBRS
advantages: detailed data on 22 categories of offenses, no hierarchy rule
disadvantages: not nationally adopted
NCVS
includes ages 12+
gender differences in offending
men more likely to offend w other men
womens serious offenses done w men
girl related offenses= shoplifting
boy related offenses= assault
drugs and alcohol- womens context
male gender related
women are in a compromising position bc its believed these can lead to sex work
women more likely to self medicate for internalized probs
use drugs to lose weight- social constructs
women more likely to be introduced to these by spouses, men more likely by friends
strong relationship between risky behavior and substance use
theft- women context
males do it more and commit additional crimes on top
men start at younger age
men more likely to be arrested and do it more often
women more likely to have a co-offender & drug addiction feeding the crime
women do it out of need, poverty, drug addiction
robbery- women context
male gendered
men commit bc of toxic masculinity and use force/ weapons
women commit for necessity
target other women
use men to commit against other men
promise sexual favors w out delivering
white collar crimes- women context
women commit embezzlement- typically as bank tellers
some scholars think they shouldnt be convicted of WCW- not in position of power
commit out of need not greed
corruption- using influence in buisness transactions to obtain things for themselves; equal in both genders
fraud statements- falsification of documents; equal in both genders
sex workers and prostitution- women context
female gendered offense
Recievers/ buyers- 97% men are buyers
givers/ sellers- 23% of men are givers
brokers/ pimps/ facilitators- 77% of men
known as a victimless offense
sex workers do so for need of money
aggression and assault - women context
relationship between impulsivity and violence
men more likely- high testosterone
when women do this- primarily associated w others involved in some sort of crime
typically socially alienated from conventional life- no bonds
child abductions & kidnappings- women context
abduction- interference w family relationship like taking a child from a parent
kidnapping- taking a person against their will
sensationalized in the media- fear of vans, minorities said to be runaways
victim offender relationship
homicides- women context
intimate partner homicide- men 5x more likely to
women 3x more likely to be killed by spouse than men
filicide (killing the child)- more impulsive or revenge based
mothers more likely to drown or young girls trying to hide pregnancies
girls and women in gangs
bargaining w the patriarchy - accept their role in gangs for social benefits like protection and respectability
Processing of women in the CLS
arrest- booking at station- appear before magistrate- indictment, trail, sentence- punishment and corrections
factors that influence decision making in the CLS
legal characteristics
extralegal characteristics
disputed characteristics
cultural variables
aggravating factors
mitigating factors
legal characteristics
extent, nature, prior crim history
extralegal characteristics
race/ ethinicty
sexuality
aggravating factors
can enhance sentencing outcome
can overlap w extralegal characteristics
equal treatment hypothesis
women and men are treated the same no matter the crime
law is law
chivalry hypothesis
says women are treated more leniently for same crime
chivalry is complicated
objected equal treatment- in similar circumstances men and women are treated similarly, but they are rarely in the same circumstances- employment, childcare, etc.
Reasons ppl think women should get chivalry:
blameworthiness- not to blame bc they experience more trauma and victimization
risk- women are less risky than men, more dependant on spouses, and kids depend on them so less at risk to offend
practical constraint and consequences- some decisions made have a higher risk to kids if moms are incarcerated as opposed to dads
benevolent sexism
protects or rewards women who are traditionally feminine
hostile sexism
punishes women who are masculine
women who offend are masculine
evil woman hypothesis
women treated more harshly- not only broke law but the stereotype too
penal coloniality
promotes stigma that keeps poor populations afraid of eachother and as a result there is no solidarity
black and latinx populations more likely to be incarcerated
missing black man phenomenon
census data found 1.5 million black man missing from it
result of incarceration and early deaths- being killed on military duty
40 missing black men for 100 black women
mis measured race/ ethnicity
official records measure latinx ppl as white
ethnicities may be lumped together or guessed
3 means of gender discrimination in criminal law
implementing gender specific laws
applying gender neutral laws differently
victims gender based application
Muncy act and indeterminate sentencing
1813 in pensylvania
women sentenced to an indeterminate unfixed time until they are rehabilitated- submissive or model women
1966& 1973 state v chambers-
supreme court struck down indeterminate sentencing bc it violated the 14th amendment
only ended in 1979 when a state code was implemented
successful reforms
1900s- development of juvenille court
aimed to normalize girls sexuality
educate society that its normal to have sexual feelings/ behaviors
juvenille justice and delinquency prevention act
1974
successful in decreasing status offender incarceration by denying state funding for delinquency programs if they institutionalized status offenders
girls still being institutionalized at camps bc of sexuality
womens prison regime
since 1980s have seen lots of women in prisons
womens prison reform
prisons trying to do better- make prisoners better than when they arrived
originally they tried to domesticize and feminize
parenthood in prison
nurseries in prisons- kid can stay w mom for an allotted time
allows bonds to form
not as many adverse affects on the child
goal is to have them not return to prison
number of kids w incarcerated moms outpaced that of fathers'
moms held to high standards of cleanliness and caretaking
prison prorams
educational
recreational
vocational
changed notion of gender stereotypes
health needs in prison
some women would only first recieve healthcare when arriving at prison
HIV/ AIDS, OBGYN, mental health, disabilities
prison subculture- women context
pseudo families- respect among others/ elders
gang violence not as present
less racial tension
family matters over other concerns
form emotional and sexual bonds with inmates