Feminist Theory PDF

Feminist Theory Chapter 13 DEPARTMENT OF CRIMINAL JUSTICE & CRIMINOLOGY  Feminist Theories of CJS  Feminist Criminology  “Major ‘blind spot’ of criminology” – a failure to understand/ recognize profound significance of gender & sex roles in society ...

Feminist Theory Chapter 13 DEPARTMENT OF CRIMINAL JUSTICE & CRIMINOLOGY  Feminist Theories of CJS  Feminist Criminology  “Major ‘blind spot’ of criminology” – a failure to understand/ recognize profound significance of gender & sex roles in society  Criminological theory & CJ policy are principally male‐oriented  Patriarchy – fundamental principle of societal organization  Gendered societal norms, mores, & expectations LOYOLA UNIVERSITY CHICAGO  Feminist Theories of CJS  Patriarchy – fundamental principle of societal org. (cont.)  In a patriarchal society,  Rights & privileges of males are superior  Rights & privileges of females are subordinated  CJ policies & decisions reflect:  1. male domination &  2. function to support patriarchy by:  Discriminating against women &  Reinforcing traditional female sex & family roles LOYOLA UNIVERSITY CHICAGO  Feminist Theories of CJS  Features of contemporary feminist criminology  Explicit commitment to intersectionality  Understanding of the unique positionality of women in male‐dominated CJ fields (i.e., policing & corrections)  Focus on masculinity & the gender gap in serious crime  Critical assessment of media/ public demonization of minority girls/ women  Recognition of importance of women’s/ girls’ studies to development of global, critical feminist criminology LOYOLA UNIVERSITY CHICAGO Feminist Theories of CJS  Understanding the nature of gender disparities in justice systems  Chivalry Hypothesis  Justice system is male‐dominated (i.e., police, prosecutors, & judges)  Males hold traditional, chivalrous attitudes towards girls/ women  Hold women as objects of admiration & respect  Extend attitudes towards female offenders  Refuse to subject females to harsh CJ policies/ punishments  ∴ ↑Leniency for girls/ women in JJS/ CJS (vs. boys/ men)  Feminist Theories of CJS  Understanding the nature of gender disparities in justice systems  Chivalry may also be is a product of paternalism  View females as too weak/ passive to withstand & learn from punishment  Twin effects:  ↑Leniency in the name of protection of essentially powerless women  But also, ↑harsher treatment of same women in the name of control  Who is chivalry extended to? (Farnsworth & Teske, 1995)  Selectivity hypothesis – middle class & white women  Typicality hypothesis – women charged with crimes consistent with “traditional feminine stereotypes”  ↑Harsh punishments for:  Poor & minority women  Women whose crimes violate normative expectations of “femininity” (e.g., serious violent crimes, etc.) LOYOLA UNIVERSITY CHICAGO  Feminist Theories of CJS  Mixed empirical support  ↑Puni ve treatment of girls, especially minorities & the poor  ↑Arrest, adjudica on, punishment, & incapacita on for…  Minor status offenses (i.e., running away, truancy, & incorrigibility)  Girls receive ↑puni ve treatment because the system “sexualizes” their offenses as a threat to traditional sex‐role expectations (Chesney‐Lind, 1988; 1989) LOYOLA UNIVERSITY CHICAGO  Feminist Theories of CJS  Mixed empirical support  ↑Puni ve treatment of girls, especially minorities & the poor  Feld (2009) – Decriminalization of status offenses in 1970s   ↓Girls arrests for status offenses, but…  ↑Girls arrests minor assault charges (i.e., domestic &/or family conflicts)  Bootstrapping – JJS “relabeled” girls as delinquent (v. status offender) for the same behavior  ∴ JJS remains committed to protecting & controlling girls  Transinstitutionalization – majority of non‐criminal referrals to private residential psychiatric facilities are girls LOYOLA UNIVERSITY CHICAGO