Week 2: Theoretical Perspectives On Women's Criminality PDF

Week 2: Theoretical Perspectives on Women’s Criminality Jan 13, 15 Reminders and Quiz #1 released Wednesday after Announcements class – dec Jan 20th by 4:00 pm Multiple Choice & True and False, 10-12 questions...

Week 2: Theoretical Perspectives on Women’s Criminality Jan 13, 15 Reminders and Quiz #1 released Wednesday after Announcements class – dec Jan 20th by 4:00 pm Multiple Choice & True and False, 10-12 questions Opt-Out deadline for textbook is January 20th Sign up with the ALC for accommodations Office hours Monday’s 2-3:30 in RCE251 Last week recap: Introduction to women and the CJS Structure of policing and courts Prison for Women (P4W) – closed in 2000 Implementation of five correctional facilities for women Criminalized women Most women commit theft and fraud Incarcerated women Mother-child program April 22nd Prison Riot What is Feminism? Feminism = The belief that women and men are different and continue to be treated differently in our society and the desire to change that situation Daly & Chesney-Lind (1988) describe feminism as “a set of theories about women’s oppression and a set of strategies for change” Feminism is not a singular concept - many different feminisms (liberal, Marxist, radical). Feminism Continued The world is gendered and built on patriarchy Sex = biological, reproductive organs, chromosomes Gender = socially constructed and learned (ex: blue is a boy color and pink is a girl color) Feminism tries to challenge gender stereotypes and advocate for women’s rights Constructs of masculinity and femininity Used to maintain dominance of men over women and non-binary individuals Women should be at the center of intellectual inquiry and knowledge Feminist Criminology Women’s experiences and victimization was largely ignored until 1960’s Freda Adler’s (1975) Sisters in crime: The rise of the new female criminal Carol Smart’s (1976) Women, Crime and Criminology. Feminis t criminology – concentrates on inclusiveness of male and female criminality & gender as a variable that influences criminal behavior, victimization and treatment in the CJS. Systems of knowledge reflect men’s views I.e., laws and policies have become gendered Feminism challenges “male-centered” ways of understanding crime Intersectional approach Waves of Feminism First Second Third Fourth Wave Wave Wave Wave First-wave (1890- 1930) Led by white, middle/upper class feminists – the famous ‘five’ Wave referred to as ‘women’s suffrage’ – goal was for women to be considered “persons”, give women right to vote, and place within politics Focused on property rights, rights within the family, child custody Second-wave feminism (1960-1980) Fought for reproductive rights, access to birth control Increased inequality in workplace – equal pay Slogan: “The personal is political” Excluded racialized women and queer women – dominated primarily by white woman Many BIPOC, queer, gender-nonconforming, formed their own organizations Third-wave Feminism Emerged as a response to the (1990-2010) criticisms of the second-wave Acknowledged that previous feminist movements were concerned about white women. Embraced diversity and individualism Concentrated on violence against women, sexual liberation, etc. Intersectionality, critical race theory, Black feminism emerged Fourth Wave Feminism (2012- today) Focus on female empowerment and intersectionality Seeks greater gender equality Focus on systems of power & their contributions to inequality among marginalized groups Use of media to collaborate and mobilize (i.e., #metoo movement) https://www.youtube.com/watch?v=phUw0Dyt eiw&ab_channel=TheNewsmakers Theory Although women commit little crime, it is still important to use theory to understand why and how women commit crime Theory = interconnected statements and ideas that try, through empirical study, to explain behavior Women’s behavior has been largely ignored in academic, or associated with gendered stereotypes of a ‘good’ or ‘bad’ woman Early theories to explain female criminality Was not until late 1800’s that female deviance was even considered Lombroso and Ferrero (1898) were positivists criminologists Believed that people were born criminal, not made Published “The Female Offender” Women are ‘doubly’ exceptional Female criminals are not normal - ‘bad’, ‘primitive’, and ‘ masculine’. Women commit crime due to rebellion against natural female roles Q: What are natural female roles? Early theories continued Many early positivists theories were classist, racist and sexist Wealthy, white, straight, married women were the “standard” form of femininity Those who were “born criminal” had inherent characteristics – height, weight, hair color, skin color, tattoos, etc. Lombroso and Ferrero’s work had enormous effects on women – by claiming women as ‘biological inferior’, they were unworthy of equality. Many of these assumptions continue today and influence our perceptions of who is ‘criminal’. Merton and Strain 20th century saw increase in theory and scholarship around female criminality Merton – believed social structures lead to people committing crime Crime was result of conflict between goals and access to legitimate means to achieve goals Barriers put ”strain” on people, who response with prosocial or anti-social means to achieve their goals Most strain theories neglect gender Do not incorporate conditions of women and lack of power Many women (BIPOC women) face issues such as poverty, cultural expectations, education Pollack and ‘Masked’ criminality Otto Pollack influence positivism and work by Lombroso and Ferrero Argued that crime statistics show that female crime is “masked” by leniency and chivalry. No real gender differences in offending – women are better at “hiding it” or “masking it” Biological factors cause female to commit crime as frequently as men, but because female crimes involve sex and deceit, they are less visible/less likely to be reported Attributed this to how women can fake/hide organisms Chivalry Hypothesis Female receive more lenient sentencing due to their gender Female unable to control their emotions or handle severe punishment Women need protection, not punishment Because female violence is so rare, if they do commit it, they are perceived as anomalies. Criticisms: Ignores dark side of chivalry Women’s Liberation Theories Freda Alder and Rita Simon 1960’s and 70’s - Argued that during women’s liberation movement, there was an increase in women in the workforce and “outside the home” Led to increase in women’s criminality Women began to deviate from traditional gendered expectations Criticisms: Little evidence that women’s liberation increased their crime Women’s ‘crime wave’ never really happened Wednesday: Contemporary Theories + Karla Homolka Case Study Contemporary Theories Contemporary theories critique social and structural institutions that impact women differently than men Looks at power relations, gender, and race Embraces intersectionality Power-Control Theory Developed by John Hagan, A.R Gillis, and John Simpson (1987) Argues that gender differences in offending adolescents are due to the level of social and parental control in the home Compared gender and parental controls in two households: Patriarchal and Egalitarian Lower rates of female delinquency is due to having a controlling father in the home Equal rates of offender are due to more equal power between the father and mother Critiques: Relies on a heteronormative construction of the family Does not consider race or class that affect families Today, children do not need to leave the home to commit criminal behavior – i.e., cybercrime Q: Is there a differences in how parents control girls versus boys? Feminist Social Theory Blends elements of Marxist and radical feminist theories Marx ist feminists = views capitalism as the primary cause of both crime and male dominance over women Radical feminists = male power and privilege is root cause of all oppression, inequality and subsequent crime Social feminist = class and gender relations are equally important – neither class nor patriarchy is presumed dominant Feminist social theory develops ideas, concepts, programs, to address inequality Messerschmidt and Structured Action Theory Gendered division of labour “old-boy networks” Corporations maintain gender divisions by recruiting members who share similar norms, attitudes and values Gender division and crime: This gender division in work force allows men to commit corporate crime Because women are excluded from power positions within cirporations, they are less able to commit corporate crime Intersectionality Coined by Kimberle Crenshaw Race and Gender interact to shape black women’s experiences Many feminist analyses of patriarchy focus solely on white women’s experiences Unable to understand experiences of Black women Black women not only face issues of racism, but also other oppressing factors, such as sexism, which is different than that of white women Race, sex, class are all interlocking systems of oppression Critical Race Theory Developed in 1989 Examines the intersection or race within criminal justice systems, policies, and law Race is socially constructed and used to exploit and oppress people of color Although theory was initially used to explain the US and treatment of African Americans, it can be applied to Canada Example: Indigenous peoples and racial discrimination CRT can be used to explain the marginalization of BIPOC leads to strain, which leads to crime. Standpoint Feminism Major movement in feminist thought Argues that women’s experiences are shaped by patriarchy and women’s own experiences and perspectives should be at forefront Standpoint is useful for understanding female victimization Used as a remedy to the problem of women’s experiences being framed or narrated by others (i.e., cases of sexual assault, incarcerated women). Doe v. Metropolitan Toronto (Municipality) Commissioners of Police, 1989 https://www.leaf.ca/case_summary/jane-doe-v-metropolitan-toronto-commissioners-of-police-1998/ Case study: Karla Homolka Paul Bernardo and Karla Homolka Occurred in the Toronto Area Bernardo (23) met Homolka (17) in 1987, when he was having a drink in a hotel bar Committed 3 murders between 1990-1992 Bernardo was known as the Scarborough Rapist Raped at least 19 women Victims of Bernardo and Homolka Tammy Homolka Leslie Mahaffy, 14 Kristen French, 15 Homolka spiked Disappears Abducted as she her sisters drink, outside her home walks home from and took turns in Burlington school in St. raping her Raped, murdered Catherines Died from and body chocking on dismembered vomit – ruled an “accident” Case Study: Karla Homolka Part of a plea bargain with prosecutors to testify against Bernardo Sentenced in 1993 Guilty to manslaughter in Mahaffy and French murders Served 12 years in prison Released in 2005 with conditions Conditions were soon lifted, as no evidence that they were warranted Karla Homolka as a victim? https://www.cbc.ca/player/play/video/1.2955129 Documentary presents conflicting views of Homolka Women are either cast as victims or as monsters Questions of Homolka’s victimhood 3 main narratives: Viewed as battered woman - ‘damsel in distress’ Viewed as “mad” – mentally unstable Viewed as “bad” – pure evil  Post-release, there was an uproar in Karla Homolka post where Homolka would settle down incarceration https://nsi-canada.ca/film/watching- karla-homolka/ Group called “watching Karla Homolka” Over 34000 followers on Facebook Dedicated 15 years to tracking Homolka’s every move Discussion: Do you think the reaction is warranted? Does this tie into any assumptions about female offenders? Next week: Black, Racialized and Indigenous women in the CJS Readings: Chapters 3 and 4 Assignment: Quiz #1 due by Jan 20 at 4:00 pm Office Hours, Mondays 2 – 3:30 in RCE 251