gender - crime and deviance Flashcards
Explain gender differences in the patterns of record crime and what they show
According to HEIDENSOHN (1996) the most significant feature of recorded crime is that most crime appears to be committed by males. She believes that gender is the best indicator of criminality.
There are striking gender differences in the patterns of recorded crime. Females appear to:
(a) commit fewer crimes than males and when they do offend,
(b) females tend to commit different kinds of crimes from males.
state official states in relation to gender and crime
4 out of 5 convicted offenders in England and Wales are male;
By the age of 40, 9% of females had a criminal conviction compared to 32% of males;
A higher proportion of female than male offenders are convicted of property offences (excluding burglary);
A higher proportion of male than female offenders are convicted of violence or sexual offences;
Males are more likely to be repeat offenders, to have longer criminal careers and to commit more serious offences. For example, men are about 15 times more likely to be convicted of murder.
How has traditional criminology and sociology explained female crime?
Traditionally male-dominated criminology neglected female criminality, both because females were seen as being less criminal and because their behaviour was seen as less in need of controlling.
However over the last couple of decades feminists have focused their attention on the patterns and causes of female criminality.
Furthermore, more recently sociologists have also turned their attention to the causes of male criminality, in particular there has been considerable interest in the relationship between masculinity and crime.
What is the chivarly thesis and what view does it support?
The CHIVALRY THESIS supports the view that the statistics underestimate the amount of female offending as a result of greater leniency within the criminal justice system (CJS).
POLLACK (1950) argued that the official statistics on gender and crime are highly misleading and seriously underestimate the extent of female criminality. He argued that the police, magistrates and other law enforcement officials tend to be male – brought up to be chivalrous, they are usually more protective and thus more lenient with female offenders and therefore as a consequence, fewer females appear in the statistics. This in turn gives an invalid picture that exaggerates the extent of gender differences in the rates of offending.
state examples on how the CJS is chivalrous
- female offenders may be given a warning rather than jail
- police more protective and lenient towards women
- woman are given shorter prison sentences
- cautioning of female offenders
- not considering women’s guilt for a crime
- not stopping a group of women as they do not suspect them of a crime
The possibility that women are treated more leniently by the agencies of social control – the basis of the chivalry thesis - while not without criticism, deserves closer analysis:
explain arguments to support the chivalry thesis
Evidence to support the chivalry thesis:
Court statistics provide some support for the chivalry thesis. For example, females are more likely than males to be released on bail rather than remanded in custody; they are more likely to receive a fine or a community sentence and less likely to be sent to prison and when they are their sentences tend to be shorter. FLOOD-PAGE et al (2000) found that, while 1 in 11 female self-reported offenders had been cautioned or prosecuted, the figure for males was over 1 in 7. REINER (1992) also supports the ‘chivalry thesis.’ He claims that the reaction of the police is critical in determining whether female offenders are defined and labelled as criminal. He states that police work and police culture strongly emphasises masculinity which leads them to be more lenient towards females due to chivalry. As a result, cautioning is much more widely used for female than male offenders. Furthermore, according to the Ministry of Justice (2009), 49% of females recorded as offending received a caution in 2007, whereas for males the figure was only 30%. Similarly, HOOD’s (1992) study of over 3000 defendants found that women were about one-third less likely to be jailed in similar cases.
Explain evidence against the chivalry thesis
there is considerable evidence against the chivalry thesis. FARRINGTON and MORRIS’ (1983) study of sentencing of 408 offences of theft in a magistrates’ court found that women were not sentenced more leniently for comparable offences. Additionally, BOX‘s (1981) review of British and American self-report studies concludes that women who commit serious offences are not treated more favourably than men. He argues that the lower rate of prosecutions of females may reflect the reality that the crimes they engage in are often less serious and less likely to go to trial. Female offenders are also more likely to show remorse and this may help explain why they are more likely to receive a caution instead of going to court. Furthermore, drawing on evidence form self-report studies, HALES et al (2009) found that males were significantly more likely to have been offenders in all major categories. Additionally the chivalry theses ignores the fact that many male crimes go unreported. For example in 2012, only 8% of females who had been the victims of serious sexual assault reported it to the police and YEARNSHIRE (1997) found that a woman typically suffers 35 assaults before reporting domestic violence. Crimes of the powerful are also under-represented in the official statistics and these are more likely to be committed by men.
Why do many sociologists and women argue against chivalry thesis?
Arguing against the chivalry theory, many feminist sociologists and criminologists point out that in many cases women are treated more harshly by the CJS than men – it is biased against rather than in favour of them. HEIDENSOHN (1996) argues that the courts in particular, treat females more harshly than males when they deviate from gender norms. For example:
(a) Double standards – courts punish girls but not boys for premature or promiscuous sexual activity: SHARPE (2009) found from her analysis of 55 youth workers records, that 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys. ‘Wayward’ girls can end up in care without ever having committed an offence.
(b) Women who do not conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly: According to HEIDENSOHN the CJS is influenced by attitudes to gender in society as a whole. They are based on dual and confused assumptions about women, which see women as a ‘virgin or whore, witch or wife, Madonna or Magdalene.’ This is known as the virgin/whore dichotomy.
How does Stewart and Carlen’s research support against chivalry thesis?
Supporting this, STEWART (2006) found that magistrates’ perceptions of female defendants’ characters were based on stereotypical gender roles. CARLEN (1997) put forward a similar view in relation to custodial sentences. She argues that when women are imprisoned, it is less for the ‘seriousness of their crimes and more according to the court’s assessment of them as wives, mothers and daughters’. She found that Scottish judges were much more likely to jail women whose children were in care than women they saw as ‘good’ mothers.
Why do feminists argue that there are double standards within the CJS
Feminists argue that these double standards exist because the CJS is patriarchal. Nowhere is this more evident than in the way the CJS deals with rape cases where male offenders are sometimes treated more sympathetically than their female victims. SMART (1989) argues that rape trials frequently celebrate notions of male sexual need justifying such crimes by reference to masculinity and a critique of inappropriate female behaviour.
There are too many cases of male judges making sexist, victim-blaming remarks, a few she quotes are included below:
* ‘It is well known that women in particular and small boys are likely to be untruthful and invent stories’ (Sutcliffe 1976)
- ‘Women who say no do not always mean no. It is not just a question of how she says it, how she shows and makes it clear. If she doesn’t want it she only has to keep her legs shut’ (Wild 1982)
- ‘It is the height of imprudence for any girl to hitch-hike at night. That is plain, it isn’t really worth stating. She is in the true sense asking for it’ (Richards 1982)
Explain Walklate’s view that the female victim ends up on trial rather than the male defendant
WALKLATE (1995) believes that in effect, it is the female victim rather than the male defendant who ends up on trial. Women have to establish their respectability if their evidence is to be believed. She agrees with SMART that rape trials continue to see things from a male point of view, which accepts that men become unable to restrain their sexual desires once women give them any indication they might be available for sex. ADLER (1987) argued that women who are deemed to lack respectability, find it difficult to have their testimony believed by the court.
What did sociologist ALLEN find when reviewing female explanations for female criminality
ALLEN (1987):
Allen reviewed explanations for female criminality and concluded that invariably mental health explanations dominate. She states that crimes committed by females are often interpreted as a symptom of emotional or psychological crisis. Male crimes are explained in terms of greed or aggression – a rational response to a particular situation, whereas female crimes are perceived as being much more difficult to understand – as females are viewed as inherently less deviant or criminal than males. As a consequence of this assumption, when females commit crime there is often a search for underlying reasons (PMT, hormonal imbalances etc.) reflecting the idea that ‘normal’ women conform and ‘abnormal’ women do not. Consequently courts are more likely to order reports on female offenders in the search for ‘underlying psychological problems’. There is therefore a real difficulty in viewing female crime as a rational response and explanations tend to reinforce sexist ideologies of women as irrational, emotional and hysterical. What can be interpreted as evidence of chivalry and leniency by the courts could also be seen as disadvantaging women and reinforcing traditional and sexist notions of femininity and masculinity.
How have male dominated criminology neglected female criminality
Traditionally male dominated criminology neglected female criminality because females were seen as more conforming and less prone to criminal activities, however more recently sociologists have focused on the patterns and causes of female criminality. Three main explanations of gender differences have been developed by sociologists: 1. Functionalist sex role theory, 2. Control Theory and the 3. Liberation Thesis.
Explain the functionalist sex role theory
FUNCTIONALIST SEX ROLE THEORY:
Early sociological explanations of gender differences in crime focused on differences in the socialisation of males and females. For example, boys are encouraged to be tough, aggressive and risk taking, and this can mean they are more disposed to commit acts of violence or take advantage of criminal opportunities.
PARSONS (1955) links gender differences in crime to gender roles in the conventional nuclear family. Because men have much less of a socialising role than women in the conventional nuclear family, socialisation can be more difficult for boys. Girls are provided with an adult role model in the home in terms of their mother who takes on the expressive role, but boys seek to distance themselves from such models by engaging in ‘compensatory compulsory masculinity’ through aggression and anti-social behaviour, which can slip over into delinquency.
According to COHEN (1955), this relative lack of an adult male role model means boys are more likely to turn to all-male street gangs as a source of their masculine identity. Similarly, New Right theorists argue that the absence of a male role model in matrifocal lone parent families leads to boys turning to criminal street gangs as a source of status and identity.
Why have Walklate and Oakley criticised the funcitionalist sex role theory
However, WALKLATE (2003) argues that although sex role theory attempts to explain gender differences in crime in terms of behaviour learned through socialisation, it is ultimately based on biological assumptions about gender differences in behaviour. OAKLEY (1981) denies a biological link, but argues that male socialisation encourages assertiveness, aggression and independence, whereas female socialisation encourages nurturing, passivity and dependence. The misbehaviour of females is often corrected by references to femininity, whereas in contrast the boundaries between masculinity and criminality are often blurred, with the latter often understood as an expression of the former. More recently feminists have located their explanations in the patriarchal nature of society and women’s subordinate position in it.