WOMEN, CRIME AND THE CRIMINAL JUSTICE SYSTEM

1
WOMEN, CRIME AND THE CRIMINAL JUSTICE SYSTEM

• PUNISHMENT

2
COURTS

• TREATMENT OF WOMEN CHIVALRY FACTOR OR DOUBLY
  DEVIANT
• DATA SUGGESTS THAT COURTS ARE MORE LENIENT TO
  WOMEN COMPARED TO MEN
• WOMEN ARE UNDERREPRESENTED IN THE CRIMINAL
  JUSTICE STATISTICS
• 4316 FEMALES IN PRISON ON 6TH MARCH 2009 ( NOMS)
• LOWER PROPORTION OF WOMEN THAN MEN SENTENCED TO
• IMMEDIATE CUSTODY FOR INDICTABLE OFFENCES (PRT
  2000)
• IS THERE BIAS OPERATING IN FAVOUR OF OR AGAINST
  WOMEN?

3

• FACTORS INFLUENCING THE CHIVALRY FACTOR
• 1 WOMEN RUNNING THE HOME
• 2 CARING FOR DEPENDENTS
• 3 PREGNANCY ETC
• WOMENS CRIME ASSOCIATED WITH MEDICAL PROBLEMS
  MENTAL ILLNESS PMT PND

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• WOMEN ARE FAR LESS LIKELY (THAN MEN ) TO RECEIVE
  A CUSTODIAL SENTENCE FOR VIRTUALLY ALL INDICTABLE
  OFFENCES (EXCEPT DRUGS)
• WOMENS PRISON SENTENCES ARE SHORTER THAN MENS
  (PTR 2000)
• PROPORTIONATE USE OF IMMEDIATE CUSTODY
• MALES OVER 21 30
• FEMALES OVER 21 17 (HOME OFFICE 2003)
• HOME DETENTION CURFEW 2001 41 OF WOMEN ELIGIBLE
  RELEASED COMPARED TO 24 MALES (COUNCELL AND
  OLAGUNDOYE 2003)
• WOMEN LESS LIKELY TO BE DEALT WITH AT CROWN COURTS

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DOUBLY DEVIANT

• WOMEN WHO OFFEND WILL BE TREATED MORE HARSHLY
  WITHIN THE CRIMINAL JUSTICE SYSTEM
• OFFENDED NOT ONLY AGAINST LAW BUT ALSO AGAINST
  THE NATURE AND SOCIAL NORMS AROUND GENDER.
• MEN WHO ARE REBELLIOUS AGAINST THE LAW ARE
  EXHIBITING MASCULINE BEHAVIOUR.
• (ANN LLOYD CHIVALRY DOES EXIST BUT ONLY IN
  RESPECT OF THOSE WHO ARE SEEN TO CONFORM)
• EG VIOLENT WOMEN ARE UNNATURAL (MORE LIKELY TO BE
  REFFERRED FOR PSYCHAITRIC TREATMENT)
• BELKNAP(2001) ARGUES THERE EXISTS A BARTERING
  SYSTEM
• RESPECTIBILITY WILL DETERMINE SENTENCING
  MITIGATING CIRCUMSTANCE

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• IMPRISONED FOR LESS SERIOUS OFFENCES
• 33 OF WOMEN IN PRISON HAVE NO PREVIOUS
  CONVICTIONS COMPARED TO 15 MALES (Easton and
  Piper 2005)
• HISTORICALLY
• FARRINGTON AND MORRIS (1983)MARITAL STATUS,
  FAMILY BACKGROUND AND CHILDREN MORE IMPORTANT
  WHERE WOMEN ARE CONCERNED COMPARED TO MEN
• HOWEVER DIVORCED/SEPARATED, OR FROM A DEVIANT
  FAMILY BACKGROUD MORE LIKELY TO RECEIVE SEVERER
  SENTENCES
• COURTS- DISTINGUISHING BETWEEN GOOD AND BAD
  MOTHERS. PRISON FOR FAILED MUMS ( CARLON
  (1983)
• ALSO SEE WORRALL (1990) CUSTODIAL SENTENCE FOR
  WOMEN WHO HAVE CHILDREN IN CARE AND YOUNG WOMEN
  OUT OF CONTROL
• A QUESTION OF CLASS?
• WOMEN WHO BREAK THE LAW COME FROM ALL KINDS OF
  BACKGROUNDS...THOSE WOMEN WHO LAND UP IN PRISON
  ARE MUCH MORE LIKELY TO HAVE COME FROM THE LOWER
  SOCIO-GROUPS THAN FROM THE HIGHER ONES (CARLEN
  ET AL 1985)
• IS THE ABOVE RESEARCH STILL RELEVANT TODAY
• 61 HAD NO EDUCATIONAL QUALIFICATIONS (SOCIAL
  EXCLUSION UNIT 2002)

7

• WOMEN IN THE LEGAL PROFESSION
• IS THERE EQUAL ACCESS TO AND OPPORTUNITY IN THE
  LEGAL PROFESSION?
• DISPROPORTIONATE REPRESENTATION LACK OF
  REPRESENTATION OF WOMEN IN THE CRIMINAL JUSTICE
  INSTITUTIONS
• WOMEN FAIL TO BE REPRESENTED AT TOP LEVEL OF
  PROFESSION
• EARN LESS THAN MALE COUNTERPARTS

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• PRISONS
• WOMEN IN PRISON 4316 (NOMS)
• 195 RISE IN FEMALE PRISON NUMBERS SINCE OVER
  LAST TEN YEARS
• SURVIVAL CRIME
• OVER HALF THE RISING PRISON POP ARE INCARCERATED
  FOR SURVIVAL CRIME
• 36 IN PRISON FOR MINOR OFFENCES (HOME OFFICE
  2005)
• PRISON POPULATION 80 UNEMPLOYED OR ON BENEFIT
• 35 OF FIRST OFFENDERS GIVEN JAIL SENTENCES
  COMPARED TO 12 OF MEN

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PRISON ENVIRONMENT

• PENAL ESTABLISHMENTS FOR WOMEN LESS PHYSICALLY
  UNPLEASANT THAN MENS
• HOWEVER IN SOME RESPECTS WORSE- LONG DISTANCE
  FROM HOME/ FAMILY
• ESTIMATED 34 WOMEN IN PRISON DRUG USERS (ASH
  2003)
• CARLEN (2002) DIFFERENT IMPACT OF SENTENCES ON
  WOMEN COMPARED TO MEN
• HIEDENSOHN (1985) PRISONS ARE MORE TRAUMATIC FOR
  WOMEN-VIOLENCE AND SELF MUTILATION
• EG 579/1000 FEMALE IMPRISONERS SELF MUTILATE (ASH
  2003)
• SUICIDE 2002-2003 14 FEMALE SUICIDES

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• MORE THAN HALF WOMEN IN PRISON HAVE EXPERIENCED
  SEXUAL ABUSE(SOCIAL EXCLUSION UNIT 2002)
• OVER ½ PRIOR DOMESTIC VIOLENCE (PRT 2003)
• MORRIS (1987) FEMALE PRISONERS ARE TREATED AS
  MENTALLY ILL (MAD NOT BAD)
• TODAY 70 HAVE AT LEAST 2 MENTAL DISORDERS
  COMPARED TO 5 OF THE POPULATION
• (SOCIAL EXCLUSION UNIT 2002)

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• POLARISED BETWEEN PROBATION AND PRISON, WOMEN
  ARE LEAST LIKELY TO BE OFFERED AN ALTERNATIVE TO
  CUSTODYDAY CENTERS(FOR EXAMPLE) WERE CREATED IN
  THE IMAGE OF HARD MENNOT SEEN AS A PROPER PLACE
  FOR WOMENBECAUSE THEY ARE NOT SEEN AS DANGEROUS
  THERES NO PLACE BUT PRISON (CAMPBELL 1985)
• IS THIS A FAIR EXPLANATION OF FEMALE IMPRISONMENT
  TODAY?