knowt logo

Patriarchy, Crime, and Justice: Feminist Criminology in an Era of Backlash

  • starting points:

    • publication of key journal issues and books in the 1970s

    • founding of the Women and Crime Division of the American Society of Criminology in 1982

  • 20th century: looking back, looking forward

    • prior to the start of feminist crim:

      • gender violence (sexual assualt, sexual harrassment, wife abuse) was ignored, minimized, and trivialized

      • girl and women criminals were overlooked / excluded in mainstream works AND demonized, masculinized, and sexualized in that literature

    • the naming of the types and dimensions of female victimization had a significant impact on public policy

    • had to deal with the masculinization/emancipation hypothesis of women’s crime

      • argues that women are demanding equal opportunity in the crime world the same way they are demanding equal opportunity in fields of legitimate endeavor

      • ultimately concluded to be incorrect

    • 80s and 90s saw breakthrough research

      • documentation of girls’ participation in gangs

      • role of sexual and physical victimization in girls’ and women’s pathways into women’s crime

      • gender and race create unique pathways for girl and women offenders into crime

      • masculinity and crime need to be both theorized and researched

    • contemporary approaches to gender and crime

      • avoid the problems of reductionism and determinism

      • stress the complexity, tentativeness, and variability with which people negotiate gender identity

      • society and social life are patterned on the basis of gender

      • the gender order is complex and shifting

  • feminist criminology and the backlash

    • crime used in politics

      • politicians waging wars on crime that really meant wars on race

      • “moral values”

        • designed to appeal to right-wing christians

        • recriminalization of abortion

        • denial of civil rights to gay and lesbian americans

      • to challenge right-wing initiatives, the field of fem crim must

        • put a greater priority on theorizing patriarchy and crime

        • focus on the ways that the definition of the crime problem and criminal justice practices support patriarchal practices and worldviews

  • african american women account for almost half of all incarcerated women

  • media demonization and the masculinization of female offenders

    • the second wave of feminism had triggered an array of conservative political, policy, and media responses

      • steady stream of media stories about violent and bad girls

      • masculinization theory: the same forces that propel men into violence will increasingly produce violence in girls and women once they are freed from the constraints of their gender

      • issues with this:

        • girls’ violence was not increasing

        • it created a self-fulfilling prophecy

        • the criminal justice system was harder on girls because of it

  • criminalizing victimization

    • mandatory arrest in domestic assault cases

      • win bc domestic assault was finally becoming criminalized

      • loss because victim advocates had to work with the police and prosecutors, which they distrusted

      • in the mid 80s there was overwhelming evidence that arrest decreased violence against women

        • later proven that arrest was far less effective than originally thought

        • arrests for adult women increased by 30%

        • arrests for adult men fell by 5.8%

        • mutual arrests: arresting both parties in a domestic violence incident if it’s unclear who the primary aggressor is

        • fighting back against domestic violence was now also considered domestic violence

        • men use the system to intimidate and control their wives

  • women’s imprisonment and the emergence of vengeful equity

    • women’s imprisonment rates are soaring far more than women’s crime rates

    • began at the same time that the US dropped the idea of rehabilitation

      • exploited the public fear of crime to adopt the manner of mean-spirited crime policies

    • vengeful equity: treating women offenders as though they were men, particularly when the outcome is punitive

      • pregnant women are shackled to the bed while giving labor

      • women’s boot camps

    • institutional subcultures in women’s prisons make it unlikely that women will speak out against abuse

      • encourage correctional officers to cover for each other

      • inadequate protected accorded to women who file complaints

      • public stereotype of women in prison makes it hard for her to support her case in court

      • cos punishing women inmates for offenses that would be ignored in male prisons

A

Patriarchy, Crime, and Justice: Feminist Criminology in an Era of Backlash

  • starting points:

    • publication of key journal issues and books in the 1970s

    • founding of the Women and Crime Division of the American Society of Criminology in 1982

  • 20th century: looking back, looking forward

    • prior to the start of feminist crim:

      • gender violence (sexual assualt, sexual harrassment, wife abuse) was ignored, minimized, and trivialized

      • girl and women criminals were overlooked / excluded in mainstream works AND demonized, masculinized, and sexualized in that literature

    • the naming of the types and dimensions of female victimization had a significant impact on public policy

    • had to deal with the masculinization/emancipation hypothesis of women’s crime

      • argues that women are demanding equal opportunity in the crime world the same way they are demanding equal opportunity in fields of legitimate endeavor

      • ultimately concluded to be incorrect

    • 80s and 90s saw breakthrough research

      • documentation of girls’ participation in gangs

      • role of sexual and physical victimization in girls’ and women’s pathways into women’s crime

      • gender and race create unique pathways for girl and women offenders into crime

      • masculinity and crime need to be both theorized and researched

    • contemporary approaches to gender and crime

      • avoid the problems of reductionism and determinism

      • stress the complexity, tentativeness, and variability with which people negotiate gender identity

      • society and social life are patterned on the basis of gender

      • the gender order is complex and shifting

  • feminist criminology and the backlash

    • crime used in politics

      • politicians waging wars on crime that really meant wars on race

      • “moral values”

        • designed to appeal to right-wing christians

        • recriminalization of abortion

        • denial of civil rights to gay and lesbian americans

      • to challenge right-wing initiatives, the field of fem crim must

        • put a greater priority on theorizing patriarchy and crime

        • focus on the ways that the definition of the crime problem and criminal justice practices support patriarchal practices and worldviews

  • african american women account for almost half of all incarcerated women

  • media demonization and the masculinization of female offenders

    • the second wave of feminism had triggered an array of conservative political, policy, and media responses

      • steady stream of media stories about violent and bad girls

      • masculinization theory: the same forces that propel men into violence will increasingly produce violence in girls and women once they are freed from the constraints of their gender

      • issues with this:

        • girls’ violence was not increasing

        • it created a self-fulfilling prophecy

        • the criminal justice system was harder on girls because of it

  • criminalizing victimization

    • mandatory arrest in domestic assault cases

      • win bc domestic assault was finally becoming criminalized

      • loss because victim advocates had to work with the police and prosecutors, which they distrusted

      • in the mid 80s there was overwhelming evidence that arrest decreased violence against women

        • later proven that arrest was far less effective than originally thought

        • arrests for adult women increased by 30%

        • arrests for adult men fell by 5.8%

        • mutual arrests: arresting both parties in a domestic violence incident if it’s unclear who the primary aggressor is

        • fighting back against domestic violence was now also considered domestic violence

        • men use the system to intimidate and control their wives

  • women’s imprisonment and the emergence of vengeful equity

    • women’s imprisonment rates are soaring far more than women’s crime rates

    • began at the same time that the US dropped the idea of rehabilitation

      • exploited the public fear of crime to adopt the manner of mean-spirited crime policies

    • vengeful equity: treating women offenders as though they were men, particularly when the outcome is punitive

      • pregnant women are shackled to the bed while giving labor

      • women’s boot camps

    • institutional subcultures in women’s prisons make it unlikely that women will speak out against abuse

      • encourage correctional officers to cover for each other

      • inadequate protected accorded to women who file complaints

      • public stereotype of women in prison makes it hard for her to support her case in court

      • cos punishing women inmates for offenses that would be ignored in male prisons