GENDER CRIME AND THE CRIMINAL JUSTICE SYSTEM

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GENDER CRIME AND THE CRIMINAL JUSTICE SYSTEM

• GENDERED VICTIMOLOGY

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WOMEN AS VICTIMS

• RADICAL / CRITICAL APPROACH THE STATE IS NOT
  NEUTRAL. IT HAS BEEN DESCRIBED AS-
• PATRIARCHAL
• RACIST
• GOVERNS IN THE INTEREST OF THE RULING CLASS
• THIS EFFECTS THE WAY IN WHICH THE CJS IS RUN AND
  IT CAN BE ARGUED THAT THIS LEADS TO BIAS WITHIN
  THE CJS AND LEAVES CERTAIN GROUPS VULNERABLE IN
  TERMS OF
• 1 TREATMENT
• 2 INACTION
• 3LACK OF PROTECTIVE LAWS

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DOMESTIC VIOLENCE VICTIMS

• People still reluctant to report and police still
  reluctant to intervene. (29 reluctant to involve
  the police BBC 2003)
• Critical Victimology emphasizes that the state is
  not neutral therefore the victimisation of
  certain groups goes unheard.
• In Relation to Domestic Violence for example-
• Grace 1995 police still fail to deal with DV
  incidents seriously or sensitively.

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• Hoyle (1999) no support once incident is reported
• Edwards 1989- Police culture patriarchal
• DV officers - feel their work is marginalized and
  has low status therefore hindering the victims.
• Also victims may hinder the case- withdrawal of
  statement etc.

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• Gilchrist and Blisset 2002 emphasized the
  differential treatment and punishment involving
  public and private crime.
• Explanations for the perpetrators conduct
  discussed more in DV cases than those involved in
  stranger danger(mitigating Circumstances)
• This again raises the issue of victim blaming
  (critical Victimology)
• Critical Victimology emphasizes that there must
  be a move away from seeing the victim as culpable
  to analyzing socially constructed political,
  economic and cultural context in which violence
  against women takes place.

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DEATHS IN PRISON

• ALTHOUGH SUICIDE IS A VERY INDIVIDUAL CHOICE.
  LACK OF CARE AND PROPER FACILITIES HAVE BEEN
  BLAMED FOR THE INCREASE IN SUICIDES IN PRISON.
• WOMEN
• 12 WOMEN 2004 COMMITTED SUICIDE
• IN PRISON.

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• REASONS -
• -MORE LIKELY TO BE FIRST TIME IN PRISON
• -MORE LIKELY TO BE PLACED FAR AWAY FROM FAMILY
• -MORE LIKELY TO BE ADVERSLY AFFECTED PREVIOUS
  -ABUSE, DEPENDANCY ON MEDICATION
• ANNE OWERS CHIEF INSPECTOR OF PRISONS
• NEW HALL, LIKE OTHER WOMENS PRISONS IS HOLDING
  WOMEN WHO SHOULD NOT BE THERE. THEY INCLUDE THOSE
  WHO ARE SERIOUSLY ILL, AS WELL AS SOME WOMEN AND
  GIRL WITH HIGH LEVELS OF SELF HARM, LINKED TO
  SUBSTANCE ABUSE (GUARDIAN 2004)

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VICTIM PRECIPITATION

• THE VICTIM IS A DIRECT POSITIVE PRECIPITATOR IN
  THE CRIME
• VICTIM BLAMING UNDER THE GUISE OF VICTIMOLOGY
  (CLARKE AND LEWIS 1977)
• PRESUMES AN EQUALITY BETWEEN THE VICTIM AND THE
  OFFENDER.
• FEMINISTS ARGUE THAT IT IS A WEAPON OF IDEOLOGY
  USED TO FURTHER THE VIEW OF PATRIARCHAL SOCIETY
  AND LEGITIMISE PHYSICAL AND SEXUAL DOMINANCE.
• SEEKS THE CAUSE OF THE PROBLEM IN THE BEHAVIOUR
  OF THE VICTIM.

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• FEEDS INTO THE PROCESS OF THE CRIMINAL JUSTICE
  SYSTEM LEGAL NOTION OF REASONABLE BEHAVIOUR/
  CONTRIBUTORY NEGLIGENCE
• THEREFORE MAY EFFECT AGENCY RESPONSE MUST BE
  DESERVING VICTIM.
• WHO DEFINES DESERVING VICTIM INTERACTIVE PROCESS

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Case study RAPE VICTIMS

• Source Research Development and Statistics
  (CRCSG) Home Office

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• Over two-thirds of cases dropped out at the
  police stage and did not make it as far as the
  courts.
• One quarter of incidents initially recorded as
  rape were subsequently 'no-crimed' by the police.
  
• Cases where the complainant and suspect were
  acquaintances were most likely to be 'no-crimed'.
  
• Half of all the cases that were 'crimed' resulted
  in 'no further action' (NFA) by the police.
• Cases involving intimates were most likely to be
  NFA-ed or discontinued by the CPS.
• In the small minority of 'stranger rape' cases
  (only 12 of the full sample), where a suspect
  was identified the case was more likely to
  proceed to court than in those cases where the
  complainant and suspect were previously
  acquainted.