ch. 13 part 1
Definition of Feminism
- Feminism: A belief in the social, political, and economic equality of the sexes.
- Key Quote: "The radical notion that women are people."
- Cultural Statement: The future is female.
Feminist Theory Overview
- Presented in Chapter 13, Department of Criminal Justice & Criminology, Loyola University Chicago.
Contributions of Meda Chesney-Lind
- Professor of Women’s Studies at the University of Hawai‘i.
- Fellow (1996) at the American Society of Criminology (ASC).
- Received the Distinguished Scholar Award (1994) from the Division on Women & Crime, ASC.
- Author of significant works like Girls, Delinquency, and Juvenile Justice (1992) and recipient of the Hindelang Award (1992).
Waves of Feminism
1st Wave Feminism (mid-19th century to 1960s)
- Key Demands: Voting rights, education access, and representation.
- Important Event: Suffrage movement leading to the 19th Amendment (1920).
2nd Wave Feminism (1960s to 1970s)
- Key Demands:
- Social equality.
- Legislative changes:
- Equal Pay Act (1963).
- Title IX (1972).
- Women's Education Equity Act (1974).
- Equal Credit Opportunity Act (1974).
- Pregnancy Discrimination Act (1978).
- Women's/reproductive rights advocacy:
- Griswold v. Connecticut (1965): Struck down contraception bans for married couples.
- Eisenstadt v. Baird (1972): Legalized contraception for all.
- Roe v. Wade (1973): Legalized first-trimester abortion.
- Protection against domestic violence through the Violence Against Women Act (1994).
3rd Wave Feminism (1990s)
- Characteristics:
- Emphasis on diversity; no single definition of femininity.
- Focus on social construction of gender and intersectionality.
- Acknowledgment of class, race/ethnicity, and sexuality's effects.
- Critique of the criminal justice response to violence against women.
- Less focus on women’s empowerment in justice systems.
Feminist Criminology
- Critique of Traditional Criminology: Identified as male-centric, failing to account for gender in criminological theory and policy.
- Patriarchy:
- Defined as a fundamental principle of societal organization.
- Males hold superior rights and privileges, while women's rights are subordinated.
- Criminal justice (CJ) policies reflect male dominance and support patriarchal structures.
Contemporary Feminist Criminology Features
- Commitment to understanding intersectionality in criminal justice.
- Analysis of women’s unique positions in male-dominated fields: policing, corrections.
- Examination of masculinity and the gender gap in serious crime.
- Critique of negative media portrayal of minority women and girls.
- Recognition of women’s studies as essential to developing global feminist criminology.
Gender Disparities in Justice Systems
Chivalry Hypothesis
- Overview: The justice system is male-dominated, with chivalrous attitudes leading to leniency for women offenders.
- Key Points:
- Male officials view women as objects deserving admiration, impacting their treatment in the system.
- Results in increased leniency for girls/women in the juvenile justice system (JJS) compared to boys.
Paternalism and Selectivity Hypothesis
- Chivalry as Paternalism:
- Women viewed as too weak to handle traditional punishments.
- Impacts:
- Increased leniency towards certain women in the name of protection but harsher treatment towards those violating traditional femininity.
- Selectivity Hypothesis:
- More leniency given to middle-class and white women, while harsher punishments are imposed on poor and minority women.
Evidence and Empirical Support
- Mixed Evidence: Some studies show increased punitive treatment of female offenders, especially among minorities and the poor.
- Arrest patterns indicate:
- Increased arrests for minor status offenses among girls.
- The system 'sexualizes' girls' offenses threatening traditional gender roles.
- Efforts to decriminalize status offenses in the 1970s led to a paradox of rising assaults rather than a decrease in girls' arrests.
Transinstitutionalization
- Focus on the shift of non-criminal referrals for girls to residential psychiatric facilities, indicating systemic issues within the juvenile justice system.