c&d - GENDER, CRIME AND PUNISHMENT

what are some of the patterns in crime? Seen through OS -

• 3 out of 4 offenders in England and Wales are male

• a higher proportion of male than female offenders are convicted of violent or sexual crimes

• males are more likely to be repeat offenders, to have longer criminal careers and to commit more serious crimes.

Do women commit more crime?

Some sociologists argue that stats underestimate the amount of female crime – two arguments have been put forward supporting this argument:

-          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.

-          Some claim that even when women’s crimes are detected or reported, they’re less likely to be prosecuted, and if they are, they’re more likely to get off lightly.

What does Pollak argue?

as part of the chivalry thesis - men have a protective attitude towards women. The CJS - more lenient with women and so their crimes are less likely to end up in the OS. - gives an invalid picture that exaggerates the gender differences in offending.

Who supported Pollak?

Flood-page - used self-report studies, found that while only 1 in 11 female self-reported offenders had been cautioned or prosecuted, the figure for males was over 1 in 7.

How do OS support the chivalry thesis?

-          Females more likely than males to be released on bail

-          Females more likely than males to receive a fine or a community sentence - less likely to be sent to prison. - also tend to receive shorter prison sentences.

How do Buckle and Farrington criticise the chivalry thesis?

observational study of shoplifting witnessed twice as many males shoplifting as females – despite the OS being more or less equal. This illustrates that more women get prosecuted than some may argue.

A criticism of the chivalry thesis?

1. it ignores the fact that many crimes don’t get reported. For example, Yearnshire found that a woman tends to experience 35 assaults before reporting DV.

Who argues for the bias against women? - AO3 of the chivalry thesis.

Heidensohn

how is the bias against women described? What do feminists argue?

Heidensohn argues that the courts treat females more harshly than males, for example:

-          Double standards – courts punish girls but not boys for premature sexual behaviour. Sharpe found that in her study 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys.

-          Women who don’t conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly.

Feminists argue that these double standards exist because the CJS is patriarchal, for example, there have been numerous cases of male judges making sexist, victim-blaming comments. Walkgate argues that in rape cases it’s not the defendant on trial, but the victim.

what study supports the feminist view of double standards?

Sharpe - 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys.

How does Parsons explain female crime?

EXPLAINS THE LOW RATE OF FEMALE CRIME → Focuses on the difference in the socialisation of boys and girls. For example, boys are encouraged to be tough, aggressive and risk-taking, and this means they are more likely to commit take advantage of criminal opportunities and commit acts of violence. Looks at differences between gender roles in the nuclear family, where women take the expressive role of staying at home to socialise the children. While this gives girls an adult role model, he argues that it tends to lead boys to rejecting feminine models of behaviour that express tenderness and gentleness. Boys seek to distance themselves from such models by engaging in ‘compensatory compulsory masculinity’ through aggression and anti-social behaviour.

What perspective supports Parsons’ explanation of female crime?

the new right → the absence of a male role model in lone-parent, matrifocal families leads to boys turning to street gangs as a source of status.

How does Walkgate criticise Parsons’ explanation of female crime?

biological assumptions. Walkgate → Parsons assumes that because women have the biological capacity to bear children, they’re best suited to the expressive role.

What are the two more recent explanations for women’s crime patterns?

1. the control theory (Heidensohn)

2. liberation thesis (Alder)

What is the control theory?

Heidensohn → argues that women are conformists, they commit fewer and less serious crimes than men. This is due to the fact that women are controlled by men, leaving them with fewer opportunities to commit crime. He argues that this control continues from childhood (controlled by father and male siblings) continues into adulthood (controlled by husbands).

How does Alder criticise the control theory?

outdated view. She argues instead that women today have much more freedom – which suggests why the rate of female crime is now rising.

What is the liberation thesis?

Alder → society has become less patriarchal – control over women has decreased. This is why crime rates for women are now more similar to men’s. As women become liberated from patriarchy, their crime will become as frequent and as serious as men’s.

The structure of society has changed, women now have more equal access and opportunities in education and the workforce – so they’ve began to adopt traditionally ‘male’ roles.

As a result, women no longer just commit traditional ‘female’ crimes such as shoplifting, but now also commit traditionally ‘male’ crimes such as crimes of violence or white-collar crimes.

What evidence supports the liberation thesis?

Recently, there’s been media talk of the growth of ‘girl gangs’, while a study by another sociologist showed that girls were just as likely as boys to engage in risk-taking behaviour.

Criticisms of the liberation thesis:

1. Rate of female crime began to rise in the 1950s – before the women’s liberation movement in the 1960s.

2. Most female criminals are w/c – the group least influenced by women’s liberation (- has benefitted m/c women much more).

What are OS on gender and victimisation?

Large-scale national victim surveys (eg, Crime Survey for England and Wales) show differences in the level and types of victimisation, and in the relationship between victims and offenders.

• Homicide victims - 70% male. Female victims are likely to know their killer - in 60% of these it’s a partner/ex. Male victims are more likely to be killed by a friend or an acquaintance.

• Victims of violence – fewer women than men are victims of violence overall. However, more women are victims of intimate violene (eg. DV + sexual assault)

What evidence is there for the mismatch of fear and risk? However, how is this criticised?

the Crime survey for England and Wales → Shows that women have a greater fear of crime, but they are less at risk of victimisation.

However, victim surveys such as by Lea and Young have found that women are in fact at greater risk than men, but, victim surveys don’t necessarily convey the frequency or severity of the victimisation (link to Yearnshire).

What is net-widening? What is this an example of?

Sociologists find that in reality, there hasn’t been a change in women’s involvement in violent crime. They argue that the rise in arrests is due to the CJS ‘widening the net’ – arresting and prosecuting females for less serious forms of violence than in the past. This has produced a rise in the OS for females’ violent crimes.

This is an example of what Young class ‘defining deviance up’ – to catch more offences in the net.

What do feminist sociologists argue about criminologists, based on men and crime?

Criminologists have focused mainly on male criminality. However, haven’t focused on what it is about being male that leads men to offend.

What is a feminist sociologist’s explanation of men and crime? What does he see crime and deviance as?

Masculinity = social construct / an ‘accomplishment’ – men have to constantly work and demonstrate their masculinity to others. Argues there are different masculinities that co-exist in society, depending on social class, sexuality and ethnicity. Hegemonic masculinity = dominant form of masculinity that is upheld by society, and which most men want to accomplish. Characteristics = strength, courage, aggression + the ability to protect and provide. However, some men lack the resources to accomplish this, so have a ‘subordinated masculinity’, this includes gay men, men of lower social classes, and some minority ethnic group men.

He sees c&d as resources that different men may use to accomplish masculinity.

Eg, differences among youths lead to different forms of rule-breaking to demonstrate masculinity:

• White, m/c = have to subordinate themselves in school to achieve m/c status → ‘accommodating masculinity’ in school. Masculinity takes an oppositional form outside of school, eg, through drinking.

• White, w/c = less chance of educational success, so their masculinity takes an oppositional form both in and out of school. An example of this is Willis’ w/c ‘lads’

• Black, lower social classes = may have few expectations of a good job due to racism and may use gang membership and violence to demonstrate their masculinity.

What are the criticisms of the ‘hegemonic masculinity’ argument, based on men and crime?

1. Doesn’t explain why not all men commit crime to accomplish masculinity

2. He over-works the concept of masculinity to explain virtually all male crimes, from joy riding to embezzlement.

How does a postmodernist link postmodernity, masculinity and crime?

Winlow → globalisation led to shift from modern, industrial society to postmodern, de-industrialised society → led to a large decrease in the number of traditional, manual, ‘male’ jobs in which w/c men could express their masculinity in. → led to higher levels of unemployment.

Linked to this, Winlow - study of bouncers in Sunderland – an area of de-industrialisation and high unemployment. Working as bouncers in the pubs and clubs provided young men with opportunities for illegal business involving drugs and alcohol + the opportunity to demonstrate their masculinity through violence.

How does Winlow describe bodily capital?

To maintain their status and employability, the men must use their bodily capital (the social value derived from someone’s appearance, abilities and attractiveness). Eg, many of the bouncers in his study looked to develop their bodily capital by bodybuilding. This isn’t just a matter of being able to use violence and win fights, but also of discouraging competitors from challenging them. In other words, the signs of masculinity become an important commodity.  

Why is Winlow’s study important?

it shows how the expression of masculinity changes with the move from modern to postmodern society (supports the view that masculinity is a social construct). At the same time, the shift opens up new criminal opportunities for men.