Bias Against Women in the Criminal Justice System
This page delves deeper into feminist critiques of the criminal justice system, highlighting how gender biases can affect women's treatment in legal proceedings.
Pat Carlen argues that when women are jailed, it is often based on the court's assessment of their roles as wives, mothers, and daughters rather than solely on the seriousness of their crime. This perspective suggests that women who lead unconventional lives may face harsher sentences.
Example: Scottish judges are more likely to jail women whose children are in care, indicating a bias against those who don't conform to traditional motherhood roles.
The patriarchal nature of the criminal justice system is particularly evident in rape cases:
- Walklate points out that in rape trials, it's often the victim who seems to be on trial, as she must prove her respectability for her evidence to be accepted.
- Alder notes that women deemed to lack responsibility (e.g., single parents) find it difficult to have their testimony believed by the courts.
Highlight: These observations underscore the double standards and gender biases present in the legal system, especially in cases involving sexual offenses.
The page then introduces sex role theory as an explanation for gender differences in crime, primarily associated with Parsons, Heidensohn, and Dunscombe & Marsden.
Definition: Sex role theory in criminology suggests that traditional gender roles and socialization patterns contribute to differences in criminal behavior between men and women.
According to this theory:
- Women's expressive role in the home provides girls with a role model, while boys may reject feminine behavior models.
- Boys might engage in "compensatory compulsive masculinity" through aggression, which could lead to delinquency.
- The lack of male role models in socialization may drive boys to join all-male street gangs as a source of masculine identity.
However, Walklate criticizes sex role theory for its biological assumptions, arguing that it oversimplifies the relationship between gender and criminal behavior.
Vocabulary: Liberation thesis in sociology suggests that as women gain more equality and freedom in society, their crime rates may increase to levels similar to men's.
The page concludes by noting recent changes in gender roles, with increased male involvement in childcare and more working mothers, potentially impacting primary socialization patterns.