Gender Labeling and Crime - Research Proposal Example

Running Head: RESEARCH PROPOSAL Gender Labeling and Crime The following research study proposal is intended to suggest the design for a study that will show that female offenders are treated with more preferential treatment within the justice system than are men. Labeling theory suggests that gender is one attribute that might be cause for socially biased behavior. While much of the research affirms the idea that males commit far more crimes than do women, and the differential between male to female violent crimes is a substantial gap, some of the distance between male and female arrests rates may be due to police culture that embraces the idea that females must be more protected by them, even when they are offenders. The research that is proposed will used a mixed methodology, utilizing surveys given to two participant groups, with ten case studies developed through interviews conducted with law enforcement officers. The mixed methodology will provide a framework from which the issue can be thoroughly evaluated towards insightful conclusions. Gender Labeling and Crime Introduction The following proposal is for a mixed method study of gender labeling within the context of the legal system. According to O’Brien (2009), labeling theory is predicated on the idea that certain attributes will be assigned to a person due to circumstances of gender, race, sex or sexual orientation, thus creating a discriminatory bias. An example of labeling theory in relationship to crime is that men and boys will more often be seen as deviant than will women or girls (p. 174). There are some reasons to believe that women are not attributed with the same level of possible criminal intent as are males. This quite possibly leads to unequal arrest records, levels of charges, and types of sentences for same offenses committed by men and women. This study intends to discover if there is an underlying cultural bias that supports the concept that women are less likely to offend than are men and if that bias is promoted by the actions of law enforcement. Literature Review According to Simon and Ahn-Redding (2005), there are two schools of thought about the way that women are treated in a court of law. The first school of thought supports the idea that female defendants are given preferential treatment because judges will see a female defendant as more vulnerable, thus their chivalrous or merciful side will come to the aid of the woman who is before them. The second school of thought, however, suggests that women are dealt with more harshly because their actions have been deemed unworthy of their gender (p. 3). Domestic violence and stalking accusations are more often taken seriously when they come from women than when they come from men (David, Frieze & Maiuro, 2002, p. 345). According to Levinson (2002), women are more likely to receive verbal warnings than to be the object of police force, no matter what provocation is provided by the offender (p. 1721). Despite the prevailing attitude that women are less likely to commit crime than men and that women are less likely to participate in violent crimes or be a violent threat, crimes committed by women, particularly violent crime, has been steadily rising. According to Siegel (2009), male arrests rates are significantly higher than female arrests rates, but that figure is steadily rising and may soon converge. However, some sociologists do not believe this is indicative of a sociological change. Crime rates for women have risen in areas that were not affected by the equal rights movements and are often more relevant to socio-economic status. As well, it is highly likely that crime rates have changed, not because more women are committing crimes, but because the attitude within the police culture has changed and more arrests are being made (p. 54). The arrest rates reflect that fact that men commit more violent crimes than women commit. As well, males in their late teens and 20’s will commit far more violent crimes than will men after the age of 50 (Gabbidon & Greene, 2005, p. 223). Reports of violent crimes involve a male assailant in 80% of the cases of reported violent crime. Emotional, physical, and psychological reasons may lay behind the reasons that males will have a far greater chance of violent behavior than will females. As well, there is evidence to support that females are socialized to be less aggressive than are males (Siegel, 2009, p. 53). However, in the 1960’s and 1970’s, males reported by 90% that they had committed at least one illegal act by the age of 18, while only 70% of females committed an illegal offense by that age. By the 1990’s, this rate had changed to 94% of males and 90% of females (Snyder, 1995, p. 49). While it appears that males are more likely to commit crimes than women, it is possible the convergence of these rates towards an equal level may be seen in the near future. As well, these rates may reflect a continuing belief that females are less capable of committing crimes, therefore they are less often arrested for the full extent of their offense, or let go all together for their crimes. While it is possible that being female is working against offenders when judges find their offenses to be of greater distress because women are not typically considered socially predisposed towards crime, it is more likely that they are either charged with lower crimes than they committed or given lesser sentences because of sympathy and compassion that judges tend to want to show towards women. Research Questions 1. Do people perceive that men more likely to commit crimes of any type than are women? 2. Do people perceive that men more likely to commit violent crimes than women? 3. Should women have lesser sentences delivered after a verdict if they are less likely to commit a crime? 4. Does that fact that women have the potential to be mothers mean that society should be more lenient on women for offenses committed? 5. Do men commit more crimes than women? 6. Why do men seem to commit more crimes than women? Does this perception exist because they do commit the crimes, they are charged more often than women, or because they are sentenced more harshly than women, therefore creating a set of statistics that does not reflect the truth? Problem Statement Using an identifier such as gender in order to assess the likelihood of an individual to have criminal intent will bias members of the legal system against that gender, creating an imbalance in the way that sentences and services are given and offered to offenders. Within the American culture, and perhaps within the human culture, there is an innate belief that women are less likely to have criminal intent due to their biological nature as the procreative vessel. However, the number of crimes that women are committing has increased within the last ten years. In order to have a fair and impartial system, an awareness of this social bias must be studied and assessed for its impact on society and on justice within the American legal system. Hypotheses Null Hypothesis 1: There is a cultural belief that women are less likely to commit crimes. Alternative Hypothesis 1: There is no cultural belief that women are any less likely than men to commit crimes. Null Hypothesis 2: Due to a cultural belief that women are less likely to commit crimes, sentences that are given out to women are less severe than those given to men. Alternative Hypothesis 2: Despite a cultural belief that women are less likely to commit crimes, sentences that are given out to women are no less severe than those given to men. Goals/Objectives of Study Goals The goal of this study is to discover the truth in regard to the differences between men and women in the commission of crime. As well, this study will assess the ways in which men and women are treated within the legal system in order to understand if the perception that men commit more crimes is due to a bias of treatment that is received by men in comparison to women. In order to fully assess this goal, both law enforcement personnel and persons not within the legal system will be asked to take a survey in order to more fully understand the perception of male and female roles in regard to the commission of crimes. Objectives This paper will have two objectives. The first objective of this paper is to determine whether or not the public perception of gender in regard to crime favorably looks upon one gender over the other. The second objective of this paper is to determine if one gender is less frequently charged with crimes committed and if when charged, they are less likely to receive a harsh sentence for those crimes. Significance This study has the potential of revolutionizing the way the legal system responds to offenders in regard to their gender. As a law enforcement officer, a district attorney, a judge, or a jury assesses an offender, the role that gender plays in their judgments might be adversely affecting the types of sentences that are being handed down. In order to create a more balanced justice system, it is important to identify bias and make those involved aware of those biases in order to create systemic fairness for each step within the system. It is also important to assess if there should exist a bias due to the biological nature of men and women in regard to differences that can be assessed due to gender. If the commission of crimes and eventual recidivism is higher in one gender over another due to biological imperatives, it is important to understand those differences as well. The importance of understanding the role of gender in the likelihood of an individual to commit a crime or to commit more crimes after being punished, or if it is relevant in any way, is significant to creating a fair and impartial system that takes all factors into consideration. Research Design/Methodology This study will use two sample groups using the same questionnaire, plus an additional questionnaire for the professional group. In order to assess the public’s understanding of the role of gender in regard to the commission of crimes, a group of 200 people will be given a survey in order to understand how they feel about the issue. In order to understand the perceptions of those in the legal system in regard to the effect of gender in how an individual is handled during processing, 200 law enforcement officers from various cities and precinct will be given the same questionnaire as the random participants, as well as an additional questionnaire that is aimed at assessing their reactions to gender when making the decision to charge an individual with a crime. These surveys will be used to create quantifiable data that will be assessed using SPSS software for frequencies and averages. In order to make the data have more significant meaning, ten interviews with ten different law enforcement officers in regard to their treatment of women in comparison to men after a crime has been committed will give a phenomenological understanding of the experience of being faced with arresting offenders of crimes. These participants will be asked to give personal interviews in which more detailed answers will be required. Participants The first group of participants will be found using non-probability sampling. Non-probability sampling consists of selection methods which are designed through the unlikely event that a person will be chosen for the study; therefore criteria must be set that will encourage the selection process. The group of people without specified connections to law enforcement be used will be chosen through accidental sampling, a form of non-probability sampling which utilizes the ‘man on the street’ approach to collecting participants for the study (Trochim, 2006). The researcher will stand at local shopping malls, randomly asking individuals for their participation, until 100 surveys have been completed. The second group of participants will be chosen through approaching law enforcement officials at area precincts in order to collect 100 surveys. This type of sampling is called deliberate sampling as a specific group of individuals, who meet designated criteria, in this case having a job in law enforcement, are selected in order to assess their answers in regard to their qualification within the designated criteria (Trochim, 2006). In order to successfully contact law enforcement officers, gatekeepers will be necessary in order to gather e-mail addresses, to gain access to offices, and to find gathering places in which law enforcement personnel can be asked to participate. In addition to the two survey groups, a third group of ten officers will be collected in order to do more in-depth interviews for qualitative research. These officers will be approached and given information about the interview so that they are fully aware of the type of research that is being conducted. All participants, both for the survey and for the interview, will be given a consent form and the details of the topic of the research will be fully disclosed. For the survey, no names will be taken and for the interviews all names will be changed to numbers in order to provide confidence in the anonymity of the study. This will encourage more honesty in the research process. Data Collection The quantitative part of the study will consist of a survey that will be designed using a five point scale in order to create answers that can be put into a grid for use in quantification through SPSS evaluation. The independent variables will be the effects of gender on the way in which offenders are perceived and handled, while the dependent variable will be gender, with the attributes of that variable being male and female. The survey will intend to have exhaustive evaluations of each answer, with no possible variation left to explore. Chi square analysis as well as frequencies and means will be assessed for relative data. The qualitative portion of the study will be the development of ten case studies from interviews that are conducted with ten different law enforcement officials. The interviews will be recorded so that the context of the answers may be assessed as much as the content. In the quantitative study, a determination of biased beliefs will be made, while in the qualitative portion of the study, the reason why that bias may exist will be assessed through understanding the perspective of the law enforcement personnel. Interviews provide a deeper meaning through the answers given by participants and through the observations of the researcher during the interview. Shank (2005) describes three functions from which an interview can be accessed from a phenomenological point of view. The Emotive Function approach consists of the researcher observing and assessing the participant during the interview to understand the reactions to the questions and to the answers that are given. The Poetic Function assesses the way in which the stories are told in order to consider the balance between reality and the perception of reality that the participant may exhibit. The Phatic Function creates an open channel of communication between the researcher and the participant so that the participant will be more likely to reveal aspects of the truth that they may otherwise not be willing to reveal (p. 146). Data Management and Analysis The quantitative data will be put into a spreadsheet in preparation for use in SPSS software. The five point scales used for the answers will be given values of one through five, with one being strongly disagree, two being somewhat disagree, three being neutral, four being somewhat agree, and five being strongly agree. The questions will be given values as will the answers in order to properly develop the statistical analysis of the survey assessment. The qualitative data will be collected and put into individual case studies. Each participant will be assigned a number so that their anonymity will be protected. The interview tapes will be put into the files, as well an annotated transcription that takes note of the observations that are made by the researcher. Each file will be compiled into case studies that will be assessed for commonalities within the experiences of the law enforcement personnel. Ethics and Issues The ethical issues of the study will be primarily concerned with the obtaining of informed consent, and protecting the anonymity of the participants. According to Goodwin (2010), human research should: never do any harm to participants, benefits should outweigh the costs, gain informed consent from all participants, assure volunteers that they can quit at any point in the process, provide some form of debriefing, and assure anonymity of all participants (p. 62). All attempts to ensure the safety and security of the participants must be made so that the ethical value of the study is not compromised. Time Schedule The entire study should take approximately two months. The first week of the study will be spent preparing the questionnaires and finishing the details in preparation for collection of the data. The second and third will be spent collecting the data, doing surveys in the mall during the first four days, spending six days collecting surveys from law enforcement, and overlapping the collection of surveys with appointments for interviews with the ten case studies participants within the third week. The fourth week will be spent analyzing the data and creating relevant statistical information. The fifth week will consist of analyzing the interviews, transcribing them and putting them into physical files in preparation for analysis. The sixth week will consist of writing the interview data into relevant case files, as well as assessing the information for commonalities for which a grid will be constructed if the experiences overlap sufficiently. The last two weeks of the study will be spent writing the paper that results from the findings. Strengths and Weaknesses The study proposed has the possibility of providing the legal system with sufficient information with which to construct relevant change within the system should the information reveal systemic issues of gender bias. As well, the study will have a comprehensive overview of the topic because of the mixed methodology of both a quantitative element and a qualitative element. The study intends to have a large enough participant group that a comprehensive sampling of the community will have taken place. The study will be limited by its defined geographic location. As the American landscape has cultural biases that shift and change from one region to the next, the study will reflect the cultural biases of the region in which the study is performed. As well, the individual police precincts will have like mindedness in the way in which gender is viewed. This may or may not adequately reflect a nationwide set of values where gender bias is concerned. While a nationwide study that is conducted over a longer period of time might yield different results, this study will look at a community and assess the general cultural attitudes as they relate to one area. Budget The following budget will be used for creating this study: Printed Copies 420 Surveys (b&w at Fedex Office @ .05 per) 21.00 420 Consent Forms 21.00 Misc Office Supplies 25.00 Fuel for Travel Costs 25.00 Total 92.00 Resources Davis, K. E., Frieze, I. H., & Maiuro, R. D. (2002). Stalking: Perspectives on victims and perpetrators. New York: Springer Pub. Gabbidon, S. L. & Greene, H. T. (2005). Race crime and justice: a reader. Philadelphia, PA: Psychology Press. Goodwin, C. J. (2010). Research in psychology: Methods and design. Hoboken, NJ: Wiley. Holloway, I. (2003). Basic concepts for qualitative research. London: Blackwell Science Levinson, D. (2002). Encyclopedia of crime and punishment. Thousand Oaks, Ca: Sage Publications. OBrien, Jodi. 2009. Encyclopedia of gender and society. Los Angeles: SAGE. Shank, G. D. (2005) Qualitative research: A personal skills approach (2nd ed.). Upper Saddle River, NJ: Pearson Merrill Prentice Hall. Siegel, L. J. (2009). Criminology. Belmont, CA: Thomson/Wadsworth. Simon, R. J., & Ahn-Redding, H. (2005). The crimes women commit: The punishments they receive. Lanham, Md: Lexington Books. Snyder, H. N. (1995). Juvenile offenders and victims: A national report. New York: Diane Publishing. Trochim, W. M. K. (2006) Probability sampling. Research Methods Knowledge Base. Accessed on 13 October 2010, from http://www.socialresearchm ethods.net/kb/sampprob.php Read More