Gender, Crime and Justice Flashcards
As Heidenson and Silvestri (2012) observe, gender differences are the most significant feature of recorded crime.
For example, OCS suggest:
- ¾ convicted offenders in England and Wales are male.
- By the age of 40, 9% of females have a criminal conviction, as against 32% of males.
Among offenders, there are some significant gender differences. For example, official statistics show that: - A higher proportion of female than male offenders are convicted of property offences (except 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 crimes. For example, men are about 15 times more likely to be convicted of homicide.
Do women commit more crime?
Some sociologists and criminologists argue that the statistics underestimate the amount of females offending.
For exmaple
- Typically ‘female crimes are less likely to be reported, For example, shoplifting is less likely to be noticed or reported than the violent or sexual crimes more often committed by men. Similarly, prostitution - which females are much more likely than males to engage in - is unlikely to be reported by either party.
- Some claim that even when women’s crimes are detected or reported, they are less likely to be prosecuted or, if prosecuted, more likely to be let off relatively lightly.
The chivalry thesis
The thesis argues that most criminal justice agents are men, and men are socialised to act in a ‘chivalrous’ way towards women.
For example, Otto Pollak (1950) argues that men have a protective attitude towards women and that men hate to accuse women and thus send them to their punishment, police officers dislike arresting them, district attorneys prosecute them, judges and juries find them guilty, and so on.’
The criminal justice system is thus more lenient with women and so their crimes are less likely to end up in the official statistics. This in turn gives an invalid picture that exaggerates the extent of gender differences in rates of offending
The Chivalry Thesis: Self Report Studies
Evidence from some self-report studies does suggest that female offenders are treated more leniently. For example, John Graham and Ben Bowling’s (1995) research on a sample of 1,721 14-25-year-olds found that although males were more likely to offend, the difference was smaller than that recorded in the official statistics.
They found that males were 2.33 times more likely to admit to having committed an offence in the previous twelve months - whereas the official statistics show males as four times more likely to offend.
The Chivalry Thesis: Flood-Page et al (2000)
Flood-Page et al (2000) found that, while only 1 in 11 female self-reported offenders had been cautioned or prosecuted, the figure for males was over one in seven self-reported offenders.
The Chivalry Thesis: Official statistics
At first sight, court statistics appear to give some support to the chivalry thesis. For example:
* Females are more likely than males to be released on bail rather than remanded in custody.
* Females are more likely than males to receive a fine or a community sentence, and less likely to be sent to prison.
Women on average receive shorter prison sentences.
* Only one in nine female offenders receive a prison sentence for shoplifting, but one in five males.
The Chivalry Thesis: Roger Hood’s (1992)
Similarly, Roger Hood’s (1992) study of over 3,000 defendants found that women were about one-third less likely to be jailed in similar cases.
Evidence Agaianst The Chiv Thesis: For example, Farrington and Morris (1983)
For example, 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.
Evidence against the chivalry thesis
Box’s (1981)
Box’s (1981) review of British and American self-report studies also concludes that women who commit serious offences are not treated more favourably than men.
Evidence against the chivalry thesis: Buckle and Farrington’s (1984)
Buckle and Farrington’s (1984) observational study of shoplifting in a department store witnessed twice as many males shoplifting as females - despite the fact that the numbers of male and female offenders in the official statistics are more or less equal. This small-scale study thus suggests that women shoplifters may be more likely to be prosecuted than their male counterparts.
Evidence against the chivalry thesis: Self-report studies
For example, young men are more likely than females to report binge drinking, taking illegal drugs or engaging in disorderly conduct. Hales et al (2009) found that they were significantly more likely to have been offenders in all major offence categories. Other studies suggest that the gender gap increases as the offences become more serious.
Evidence Against The Chivalry Thesis: Under-reporting of male crimes against women
The chivalry thesis also ignores the fact that many male crimes do not get reported. For example, in 2012, only 8% of females who had been victims of a serious sexual assault reported it to the police, while **Yearnshire (1997) **found that a woman typically suffers 35 assaults before reporting domestic violence.
Evidence Against The Chivalry Thesis: Crimes of the powerful are also under-represented in self-report and victim surveys,
these are also more likely to be committed by men by virtue of their more privileged position in the job market. If women appear to be treated more leniently, it may simply be because their offences are less serious. For example, the lower rate of prosecutions of females as compared with their self-reported offending may be because the crimes they admit to are less serious and less likely to go to trial. Women offenders also seem more likely to show remorse, and this may help to explain why they are more likely to receive a caution instead of going to court.
Bias against women
As Heidenson (1996) argues, the court treats females more harshly than.
males When they deviate from gender norms. For example:
*Double standards - courts punish girls but not boys for premature or ‘promiscuous’ sexual activity. Such girls can end up in care without ever having committed an offence. Sharpe (2009) found from her analysis of 55 youth worker records, that seven out of 11 girls were referred for support because they were sexually active, but none out of 44 boys.
* Women who do not conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly. As Stewart (2006) found, magistrates’ perceptions of female defendants’ characters were based on stereotypical gender roles.
Bias against women
Pat Carlen (1997)
puts forward a similar view in relation to custodial sentences. She argues that when women are jailed, it is less for the seriousness of their crimes and more according to the court’s assessment of them as wives, mothers and daughters’. Girls whose parents believe them to be beyond control are more likely to receive custodial sentences than girls who live more ‘conventional’ lives.
Carlen found that Scottish judges were much more likely to jail women whose children were in care than women who they saw as good mothers.
Bias against women
Smart
Feminists argue that these double standards exist because the criminal justice system is patriarchal. Nowhere is this more evident than in the way the system deals with rape cases. There have been numerous cases of male judges making sexist, victim-blaming remarks. For example, **Carol Smart (1989) quotes Judge Wild as saying that
‘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.’
**
Bias against women
Sandra Walklate (1998)
Similarly, as Sandra Walklate (1998) argues, in rape cases it Is not the defendant who is on trial but the victim, since she has to prove her respectability in order to have her evidence accepted. According to Adler (1987), women who are deemed to lack respectability, such as single parents, punks and peace protestors find it difficult to have their testimony believed by the court.
Explaining female crime
The first explanations of gender differences in crime were biological rather than sociological. For example, Lombroso and Ferrero (1893) argued that criminality is innate, but that there were very few ‘born female criminal’. Some more recent psychological explanations have also argued that biological factors such as higher levels of testosterone in males can account for gender differences in violent offending However, sociologists take the view that social rather than biological factors are the cause of gender differences in offending. Sociologists have put forward three main explanations of gender differences in crime: sex role theory, control theory and the liberation thesis.
Explaining female crime
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 when they present themselves.