Processing of Female Offenders

1
Processing of Female Offenders

• Dr. Michelle L. Meloy

2
Criminal Laws and Gender

• Gender Neutral Laws written laws that apply
  equally to men and women
• Gendered Laws written laws that apply only to
  one sex OR that apply differently to one sex than
  the other
• Sex discrimination can be present in either type
  of law
• Examples of each?

3
Is the Criminal Justice System Sexist?

• Equal treatment hypothesis No sex discrimination
  in CJS. Identical treatment.
• Chivalry hypothesis Male offenders are treated
  more harshly than women for the same offense.
• Evil woman hypothesis Female offenders are
  treated more harshly than men for the same
  offense.

4
Types of Chivalry Hypothesis?

• Typicality hypothesis All women receive more
  lenient treatment than men if their crimes are
  gender appropriate
• Selectivity hypothesis Women of color rarely
  receive more lenient treatment than men, reserved
  for white-middle-class-straight women
• Differential discretion hypothesis Chivalry is
  most likely at earliest stages

5
Hypothesis Testing Research says

• Who you are White, middle-class, heterosexual
  women are more likely to receive chivalry than
  their counterparts
• What you did Chivalry may be more likely with
  less serious offenses, evil women may be more
  likely with violent offenses
• Stage of processing Evil woman earliest
  stages equal txmiddle stages, chivalry
  final stages

6
Motherhood and Prison

• 4 out of 5 female inmates are mothers
• Examples of mother-child visits behind bars
• 65 had custody of their children prior to their
  incarceration
• Consequences to parent and child are more severe
  when the mother is incarcerated than when the
  father is
• Children of incarcerated mothers have an
  increased likelihood of going to prison
  themselves
• Should mothers be allowed to have their young
  children live with them in prison?