CRM 515: Gendering Justice Lecture 3 PDF

CRM 515 : Gendering Justice Fall 2024 Queer Criminology Lecture 3  Queer criminology is a theoretical and practical approach that seeks to highlight and draw attention to the stigmatization, the criminalization, and in many...

CRM 515 : Gendering Justice Fall 2024 Queer Criminology Lecture 3  Queer criminology is a theoretical and practical approach that seeks to highlight and draw attention to the stigmatization, the criminalization, and in many ways, the rejection of the Queer community, which is to say the LGBTQ+ (lesbian, gay, bisexual, transgender, and queer What is + ) population, as both victims and offenders, by academe and the criminal legal system. Queer Further, queer criminology examines the experiences of LGBTQ+ people as victims, as offenders and as Criminology professionals who work within the criminal legal system and its ancillary areas of “justice” ? Jordan Blair Woods has posited in the formation of his homosexual deviancy theory that the ways in which Queer people were treated within early criminological theory influenced how “baseless stereotypes and social biases shaped definitions of ‘criminal behavior’ and ‘criminal populations’ ”  Language and meanings evolve – so, although queer may have been a word reclaimed and used proudly decades ago, there are still older members of the community who experienced hate and violence attached to it, while younger generations have only known it as empowering. While some may embrace the word queer, others will Language never feel comfortable with its use and in this sense, even language that is meant to be inclusive has the and Identity potential to divide. We want to make clear that we do not use this word to offend or bother Sex and gender are two different things  both critical criminology and feminist criminology helped clear a path for queer criminology to follow, and none are without their flaws. Queer For instance, almost exclusively, feminist research has privileged the voices and experiences of cisgender women and Criminology’ girls, meaning women and girls who were assigned female at birth. Not only has feminist criminology privileged the s Allies, experiences of cisgender women and girls over transgender women and girls, it has also at times been outright dismissive of Advocates, the transgender community. Viv Smythe is quoted as stating “marginalising trans women at and actual risk from regularly documented abuse / violence in favour of protecting hypothetical cis- women from purely hypothetical abuse/ violence from trans women in women- only safe- spaces Frenemies strikes me as horribly unethical as well as repellently callous.” (Smythe 2018) Why has queer criminology just recently, within the last ten or so years, emerged onto the critical criminological landscape?  Queer theory developed from a need to recognize that sexual and gender identities mattered – on both the micro and macro levels of research, and that the lived experiences of an individual identifying as queer was a part of a larger social structure that categorized and labeled that identity. Instead of keeping queer at the periphery of knowledge and research, queer theory called for specific attention to be paid to “sexuality and gender as subjects worthy of consideration in their own right” (Kirsch 2000.). Queer Certainly, queer theory wanted focus to be turned to sexuality and gender as topics of inquiry, but there was a deeper need for these explorations. Theory’s One major influence of queer theory on queer criminology is that it is distinctive because, rather than simply introducing sexuality and gender Influence identity as a variable, queer criminological perspectives are/ can be used as a lens through which to question the status quo. When we do this, we can begin to recognize that these identities have been used as structural mechanisms of social control. Further, any discussion of labels, categories, or descriptives always have the possibility of influencing the ways in which we identify others, often times producing in and out groups, punishing others for behavior that is outside of the norm or, for purposes of queer theory and criminology, the hetero/ binary norm One of those topics includes: Power Woods’s (2014) assertion that queer criminology should be both “identity- driven” and deconstructionist Intersectionality the impact of Black the influence of power is feminist theory on the widely regarded as one development of of the major reasons for intersectionality – the development of Kimberle Crenshaw critical criminology. (1989) hate not just motivator; things like: ignorance, fear have to prove in court that hate was the motivation Victimizatio n – Hate Crimes  There are myths about Queer people, such as the presumption that they are inherently victims, or that they lack agency, power, or control Queer people, especially gay men, have historically been considered by criminologists through a lens of sexual deviancy; thus inquiries into their “criminal nature” were by and large in relation to their sexuality (and no other aspect of their identity) and sexual behaviors. Social norms regarding sexual behavior, especially notions of masculinity and heterosexuality, contributed to the idea that gay men were inherently effeminate, mostly white, and predominantly middle class (thus less prone to violent crime), and therefore less worthy of the attention of Offending criminologists studying violent crimes Mogul, Ritchie & Whitlock (2011) identify several queer criminal archetypes that have developed and persisted in the media for a century or more: the queer killer, the sexually deranged predator, the disease spreader, the queer security threat, and young, queer criminal intruders. Each of these archetypes is reified by true cases, but only those cases that are the most sensational – crimes that are rare, lurid, gruesome, and that quench the public’s insatiable thirst for commodified true crime narratives.  An individual’s identity and overall life experiences often highlight the overlap in offending and victimization. this is true for everyone but Queer people face unique structural conditions that can impact their ability to fully access and Intersection participate in institutions necessary for basic survival, such as education, healthcare, and employment, which may force some to engage in crimes commonly referred to as survival crimes. of Survival crimes are criminal acts committed for the purpose of achieving some necessary goal when one’s ability to achieve that Offending goal through legitimate means is reduced. Survival crimes are not unique to Queer people; however, research and suggests that marginalized populations such as Queer folks experience discrimination in multiple areas of their life, often based solely on one’s sexuality and/ or gender identity, which can influence Victimizatio criminal behavior and consequently contribute to disproportionate rates of involvement in all branches of the criminal legal system. Perhaps the strongest indicator of survival offending can be located n in one’s housing status. For example, research has indicated that LGBT youth have a 120 percent higher risk of homelessness than their non- Queer peers One of the most unsettling offenses is survival sex  Why does this brutality continue to persist? As we have indicated thus far, structure and institutions are of great concern. Individual issues matter, of course, but individuals continue to be influenced, socialized, and ultimately con-structed/ built to embody the institutions they are involved Queer in, and the policing occupation has a long- standing, troubled past and present of a subculture that demands compliance, Criminology silence, and allegiance it was three Queer- identified women, Alicia Garza, Patrisse and Law Cullors, and Opal Tometi, who created BLM (Garza 2014). These women of color, and their histories of community Enforcement organizing, have gone on to be championed as “the new civil rights movement.” Activism, especially in response to police brutality, is nothing new for the LGBTQ+ community, as there is a distinct fear that Queer folks, especially trans folks, and even more so trans people of color, have of police officers. The negative relationship between the police and the Queer community has always existed – the policing of gender variance and the policing of same- sex consensual sex have been used to control the behavior of countless many that have performed gender and sexuality outside of the binary heteronormative lens. Police brutality and Pussy Palace Raid (2000) Current Toronto Chief of Police - one of the misconduct officers involved in raid is chief of police now  some much discretion in policing Abuses of power in policing are manifested in more ways than just the physical, although they often go hand in hand. When addressing the selective enforcement (who to question, arrest, and so on) that police officers implement through the use of discretionary tactics, we must note that these tactics often represent the personal beliefs and ideologies of the officer and/ or department, larger political agendas, or Selective antiquated discriminatory policy. Because of this and because of the overall fear that Queer people have of law enforcement officers and officials, the victimization of Queer people often Enforceme goes unreported or is ignored, or they are revictimized by those who are supposed to be protecting them and their rights. nt transgender men and women often feel as though police officers use stop and frisk techniques not as a means of preventing crime but rather as a means to assess one’s sex, or as Greenberg (2011) calls them, “gender checks.” Other problems associated with police responses to domestic violence and intimate partner abuse cases involving transgender individuals is the refusal of officers to assist because they assume that the victims are prostitutes  In order to address the experiences of officers who identify as lesbian, gay, bisexual, transgender, or queer, we must first discuss the policing subculture. Historically, policing has been a male- dominated field that values masculine traits while devaluing traits that are commonly attributed to women. Therefore, physical aggression is viewed as an essential component of police work instead of or above verbal communication; or an officer will value communication skills but will Queer and argue that at some point the talking has to end and the fight has to begin – there-fore physical strength is required. Mind you, there is rarely any discussion of the value of the Blue tools that all officers have at their disposal regardless of their sex gay and lesbian officers experience a heightened sense of marginalization and harassment compared to other minority groups on the job Focusing on the value placed on masculinity and the vast numbers of men working in policing is important because they both serve to explain the heteronormative culture that is pervasive in male- dominated jobs, or more specifically, the influence of compulsory heterosexuality within the policing occupation  The style of policing that is promoted and implemented within the policing occupation will have a significant impact on the effective-ness of diversity training among officers. The move from the professional era of policing into a more problem- oriented era and now into community- oriented policing may indeed not only serve to foster tolerance, understanding, and acceptance of Queer officers and citizens, but it may also begin to attract different kinds of people to the law enforcement profession in general. Policing Keep in mind that more traditional forms of policing – such as the problem- oriented and broken- windows styles, along with and perhaps especially zero- tolerance or quality- of- life policing – have proven to promote distrust of citizens towards officers Style and Instead of using styles of policing that are reactionary, community policing involves the concerns of the residents and business owners p Training there is certainly room for debate here as professional styles of policing are more reactionary than proactive, which is one of the central tenets of community- oriented policing strategies. Several different scholars have indicated that the structure of policing in and of itself, the paramilitaristic hierarchical model that values masculinity and aggression, prevents the successful implementation of community policing styles. However, Greenberg (1999) asserts that it is not the structure that should be blamed, but instead the people working within the structure that should be held accountable, namely those in supervisory roles, for the failure to successfully implement community policing and establish positive relationships with the members of the community. The Battle for Queer Rights  Gay/Trans Panic - Shelby Tracey Tom queer sex worker - guy figured out she was trans and killed her and stuffed her in a closet  https://gem.cbc.ca/cbc-docs-pov/s02e16