The Complex Relationship between Criminology and Gender - Research Paper Example

Understanding of criminology and Gender Understanding of criminology and Gender Introduction Our contemporary understanding of criminology and gender is currently facing a number of challenges particularly with regard to the belief that criminology has historically been focused on male offenders and is therefore not gender neutral. Criminology which has been several times said to be gender blinded, leading to discrimination in our judicial system which has been so difficult for people to understand (Hopkins, 2001). On the other hand, feminists believe that our criminal justice system is sexist in its operations and has consequently disappointed female victims, failed to help women offenders out of crime and are biased against female criminologists. Although most crimes are linked to male counterparts than female this has been attributed mostly to the fact that men are typically more aggressive than their female counterparts. The impact of these challenges hinders efficient and effective administration of justice. In addition it is a basis of stereotypes that causes a lot of psychological harm not only to the affected individual but the general population that views it self as minority. Challenges to our understanding of criminology and gender The complex relationship between criminology and gender is attributed to the fact that relatively little attention has been dedicated to women in the justice system because of their small percentage in the system. This explanation fall short in a number of ways, first is that while women are underrepresented as victims, workers and offender, the number of women falling into criminal activity is still rising. Secondly practices that negatively affect the men have an effect on women as well for instance women are the ones who bear the responsibility of child-care when the male counterpart is imprisoned. Additionally while the criminal system is all male based gender is relevant when talking about male involvement in the system as well as female. It is however worth noticing that significant developments have been witnessed and currently discussing gender and crime is definitely an easy task now as compared to how it was thirty years back. Criminology is a wide concept that requires a holistic approach and to establish the link of gender and crime and the overall effect it has on criminology and justice system. Gender plays a critical role in understanding and resolving issues of related to crime. Criminology takes into consideration the theories of Marxism, feminist and critical theory as crimes originate from inequalities. In the 19th century Italian criminologist known as Cesare Lombroso developed the theory of biological criminality to help people in understanding criminology better. He speculated on the reasons why others become criminals while some do not. He further claimed that women with certain masculine characteristics were more likely to be criminals, a theory which has been disputed in the recent years though even today people still believe that masculine crimes involve brute force while feminine crime involve the use of seduction and guile. Though not accurate these assumptions have stood the test of time. Joanne Belknap, a professor in criminal justice and criminology also concurs that numerous scholarly publications, most of which involve violence against women and girls or female offenders is a sign of discrimination against this group of people in the society (Walker, 2004). She further suggested that sexual abuse, intimate partner abuse and incarceration of girls and women were some of the sources of gender based discrimination in our contemporary justice system. In this regard, in as much as gender is a factor in criminology it should never be the central argument point as it anticipates prejudice while delivering justice. In the 1970s, feminist critics argued that that traditional criminology was too concerned with masculinity which was of great discrimination of the females. The critics believed that criminology only looked at the reasons why men committed crimes and then transferred their findings after the research to feminine by making some adjustments. Throughout her article titled feminism for the mainstream criminology, Flavin, (2004) invites fellow criminologists to recognize sexism and its impact on the criminal justice system. To some extent, there are also gendered risks as well as other related inequalities that have largely been associated with women and their every day life experiences life experiences. Women are however increasingly overcoming some of the factors that have previously hindered their development and achievements. Gender based discrimination in our contemporary is much more nuanced and subtle and may some times be difficult to detect thereby making it difficult to understand criminology and gender. For example the experiences of the women particularly the poor are significantly different from the experiences of the rest members of the society. Currently there are many cases of domestic violence, rape which are usually treated casually in the criminal justice system instead of being given any special treatment. According to many analysts, men are generally likely to be more predisposed as a gender to criminality and masculine violence against their female counterparts is common feature of partrichial culture and is mostly directed at women. Feminist also argue that our contemporary criminal justice laws have deliberately let out some of the anti social behavior particularly those associated with the male standards. Some of the notable manifestations of this perspective include the rape and domestic laws which have are often not gender neutral in their nature. Impacts of discrimination in the criminal justice system Law and punishment of crime are to a large context connected to social inequalities that are associated with oppression of the poor, women and minority ethnic groups. These aspects originate from class division, sexism and racism that all touch on gender as a whole. According to Robinson and Williams (2009), racial discrimination has influenced and affected various criminal aspects as it has been statistically attributed that black Americans engage in acts of crime more than their white counterparts. African Americans, who are accused of murdering whites, are more likely to get the death penalty as compared to their counter parts who murder Africans Americans. In such instances status quo is a major challenge in effective administration of justice. Most of the researchers agree that the cause of apparent in equalities in the justice system is a result of poverty and not race. On the other hand, statistics show that street crimes are as a result of poverty and prominent as evidenced in certain areas than others. Feminists’ criminologists have critically examined crime and helped to explain that feminism is not about women. For example, African America women have an added aspect to their struggle. This is in addition to the gendered nature of violence, together with contemplating weather to report violence or not as reporting may have effect on the black community on which they live. Black women are often asked to abandon their needs for the benefit of the community. Scholars who ascribe to this notion seek to change perspective that men are the main criminal offenders. By taking into consideration victims of sexual abuse and domestic violence researchers have tried to explain criminology and its link to gender. In most cases, common gender based crimes such as prostitution are largely caused by social factors such as unemployment as well low salary which often make women susceptible to such crimes. From the societal perspective women who engage in prostitution are seen to be immoral their male counterparts are more immoral. Consequently the need to isolate the major issues that drives this people to these kinds of crime is what various scholars have advocated for rather than giving heavy penal code to women found to be prostitutes. The inhumane conditions under which female convicts are often subjected clearly indicate the existence of inequalities in the judicial system that various researchers have criticized. These aspects have effect on the work out come and causation of crime as a whole. This to an extent explains why the number of crime associated with women has been on an increase. Another important impact of gender discrimination in our criminal justice system is the widening economic gap between women and their male counterparts. For instance most of the jobs currently found in the criminal justice system have all tended to be male and this makes it difficult to effectively handle cases related to gender discrimination. Although gender is a factor in criminology it should never be the central argument point as it anticipates prejudice while delivering justice. It has been isolated that poverty, conflicts and racial segregation are the challenges affecting gender and criminology and the whole judicial system. The inhumane treatment of prisoners more so women has been isolated as a major gender issue when addressing issues of criminology (Belknap, 2001). They are subject to physical sexual and psychological torture that critiques of the judicial system and the public get concerned. A critical view helps to earn confidence from the public and the judicial system as a whole. Conclusion In conclusion, gender based discrimination has been going on for several years in our criminal justice system and has several influences on the society and victims and the society. For example, the impact of some of the challenges and discrimination in the criminal justice system has significantly hindered the delivery of efficient and effective administration of justice to members of both genders. References Belknap, J. (2001). The invisible woman: Gender, crime, and justice.2nd edition. Belmont: Wadsworth. Flavin, J.(2004). Feminism for the mainstream criminologist: An invitation. In P. J. Schram & B. Koons-Witt (Eds.), Gendered (in)justice: Theory and practice in feminist criminology (pp.68-92). Long Grove: Waveland Press Hines, A. and Kimberly J. (2007). Gender Differences in Psychological, Physical, and Sexual Aggression. Violence and Victims 18, 197-217. Hopkins, R. (2001). An Introduction to Criminological: Theory: Cullompton: Willan publishers. Mustard, D. (2001). Racial, ethnic, and gender disparities in sentencing: Evidence from the U.S. Federal Courts. Retrieved December 1, 2009, from http://www.terry.uga.edu/~mustard/sentencing Robinson, M., Williams, M. (2009). The myth of a fair criminal justice system. Retrieved December 1, 2009, from http://www.cjcj.org/files/the_myth Walker, S. (2004). The color of justice: Race, ethnicity and crime in America (3rd ed.). Belmont: Thomson/Wadsworth. Ritchie, B. (2006). Compelled to Crime: The Gender Entrapment of Battered Black Women .New York: Routledge. Feminism for the Mainstream Criminologist: An Invitation (In Gendered (IN)justice, edited by Schram and Koons-Witt. Read More