Feminism and Feminist Criminology Notes

Definitions of Feminism

• Feminism: A noun describing the belief in the social, political, and economic equality of the sexes.

  • Radical Notion: The assertion that women are people.

Overview of Feminist Theory

• Course Title: Feminist Theory

• Institution: Loyola University Chicago

Notable Feminist Scholars

• Meda Chesney-Lind

  • Position: Professor of Women’s Studies & Chair at University of Hawai'i

  • Awards:

  • Fellow, American Society of Criminology (ASC), 1996

  • Distinguished Scholar Award, ASC, 1994

  • Hindelang Award for outstanding contribution to juvenile justice, 1992

  • Notable Works: "Girls, Delinquency, and Juvenile Justice" (1992)

Waves of Feminism

1st Wave Feminism (Mid-19th Century to 1960s)

• Focus Areas:

  • Demands: Voting rights, education, and representation

  • Key Event: Suffrage Movement leading to the 19th Amendment (1920)

2nd Wave Feminism (1960s to 1970s)

• Focus Areas:

  • Social equality (e.g., Equal Pay Act 1963)

  • Legal Protections:

  • Title IX (Women’s Education Equity Act, 1972)

  • Equal Credit Opportunity Act (1974)

  • Pregnancy Discrimination Act (1978)

  • Reproductive Rights:

  • Griswold v. Connecticut (1965): Unconstitutional restrictions on contraception

  • Eisenstadt v. Baird (1972): Legalized contraception for all

  • Roe v. Wade (1973): Legalized access to abortion in the 1st trimester

  • Protection against violence:

  • Violence Against Women Act (1994)

3rd Wave Feminism (1990s)

• Characteristics:

  • No single definition of “femininity”

  • Social construction of “gender”

  • Emphasis on Intersectionality: Incorporating class, race/ethnicity, and sexuality.

  • Addressing backlash against women and girls in the justice system

Feminist Criminology

• Description:

  • Critics label criminology's focus as a “blind spot” regarding gender and sex roles.

  • Criminological theories and policies often reflect male-oriented perspectives.

  • Patriarchy as a key societal principle:

  • Male rights and privileges dominate; Women's rights are subordinate.

Impact of Patriarchy in Criminal Justice

• Effects on CJ Policies:

  • Reinforcement of traditional gender roles, often discriminating against women.

  • Maintains male dominance within legal and corrective frameworks.

Features of Contemporary Feminist Criminology

• Commitment to intersectionality and understanding women’s unique experiences in male-dominated fields.

• Focus on:

  • Masculinity and gender disparities in serious crime.

  • Media representation and public perceptions of minority women.

Gender Disparities in Justice Systems

Chivalry Hypothesis

• Concept:

  • Reflects the male-dominated structure of the justice system where men extend paternalistic attitudes toward women.

  • Results in leniency for female offenders compared to male offenders.

Understanding of Chivalry and Paternalism

• Chivalry as Paternalism:

  • Women viewed as weak and needing protection, leading to leniency or harsher treatment based on traditional views of femininity.

  • Selectivity Hypothesis: Most protective attitudes extend to middle-class and white women.

  • Typicality Hypothesis: Women may face harsh punishments when violating traditional gender expectations.

Mixed Empirical Support

• Evidence shows:

  • Increased punitive treatment for girls, especially minorities and the poor.

  • Courts often sexualize offenses, perceiving girls as threats to gender norms.

  • Status offenses (like running away) often labeled as delinquent due to systemic biases.

  • Bootstrapping: System’s tendency to relabel offenses for girls, forcing them into harsher treatments eternally linked to control and protection ideology.

Transinstitutionalization

• Observation: Girls made up the majority of non-criminal referrals to psychiatric facilities.

• Indication of a justice system committed to controlling girls rather than addressing their actual needs.