Gender, crime & justice

Question 1

What are the gender patterns in crime?

Answer 1

• OS suggest that men commit significantly more crimes than women
• males are more likely to commit violent, serious & repeat offences
• while women are more commonly convicted for property offences like shoplifting

Question 2

What is an argument to support that women actually commit more crime?

Answer 2

• Pollack > The chivalry thesis > this argues that the criminal justice system is more lenient towards women because men in authority (police officers, judges) are socialised to protect them> see women as ‘damsels in distress’
• Means women are less likely to be arrested, convicted & if they’re convicted they receive lighter sentences > appears as if they commit less crimes in OS
• self report studies suggest women may commit more crime than OS suggest supporting the chivalry thesis

Question 3

What evidence is there against the chivalry thesis?

Answer 3

• Farrington & Morris > found** no significant gender bias in sentencing** > women appear to be treated leniently not due to chivalry but because they commit less serious crimes
• the under reporting of male crime especially domestic violence challenge the idea of a lenient system for women
• self report studies > show men commit more crimes, contradicting the idea that women receive special treatment

Question 4

How do feminist argue that there are biases against women?

Answer 4

• feminists argue that rather than women benefiting from leniency, women who fail to conform to gender norms are treated more harshly by the CJS
• e.g. Sharpe found that young girls were more likely to be punished for promiscuity or being sexually active while boys were not > CJS reinforces patriarchal gender expectations
• Carlen argues that women are jailed due to the courts assessment of them as wives, daughters, mothers instead of basing on the seriousness of their crimes> judged based on character & femininity
• in rape trials, women are often treated as if they are on trial themselves (prove respectability)> their clothing, past sexual history, and behaviour are scrutinized, reinforcing victim-blaming narratives

Question 5

What are the three explanations for gender differences in crime?

Answer 5

• Functionalists sex role theory
• patriarchal control theory
• liberation thesis

Question 6

How does the functionalists sex role theory explain gender differences in crime?

Answer 6

• Parsons argues that gender differences in crime are rooted in traditional gender socialisation
• In NF, women take on the expressive role, emphasizing care, empathy, and conformity, which discourages criminal behaviour
• while men are socialised into instrumental roles emphasizing independence, aggression, and risk-taking, making them more prone to criminal behaviour
  > they engage in ‘compensatory compulsory masculinity’ in order to reject feminine models > may lead to delinquency
• Cohen builds on this > arguing that boys who lack a male role model in LPF familes, turn to delinquent peer groups for masculinity reinforcement (New Right similar)

Question 7

Evaluation of the sex role theory

Answer 7

• Explains why violent crime is overwhelmingly committed by men, as aggression is more tolerated in male socialization
• Supported by cross-cultural studies showing higher male criminality across societies, indicating a universal trend in gendered socialisation
• Walklate criticizes Parsons for assuming that biological sex differences lead to different socialisation patterns > untested assumptions
• Fails to explain why female crime is increasing despite continued female socialisation into expressive roles (e.g., rise in female gang involvement).

Question 8

How does the patriarchal control theory explain gender differences in crime?

Answer 8

• Heidensohn argues that women commit fewer crimes because they experience** greater social control in all aspects of life**
• e.g. Control at home: Women are tied to housework and childcare, restricting their ability to commit crime as with girls who thus develop bedroom culture > can’t stay out late
• Dobash & Dobash > found that ** DV is used to control women, keeping them economically & physically dependent on men**
• e.g. Control in public: Fear of male violence & sexual harassment discourages women from engaging in deviant acts, especially at night due to media** portrayals of the typical rapist**
• e.g. Control at work: The glass ceiling prevents women from reaching high corporate positions, restricting opportunities for white-collar crime e.g. corporate fraud or embezzlement

Question 9

Evaluation of the patriarchal control theory

Answer 9

• Supported by official statistics, which show that men are more likely to be involved in violent street crime, while women are more likely to commit petty offences (e.g., shoplifting).
• Does not explain why some women do commit crime – if patriarchal control was absolute, no women would engage in criminal activity

Question 10

How does Carlen’s Class & Gender deals explain why some women do offend?

Answer 10

• Carlen argues that working-class women conform to two ‘deals’ that society offers them:
• Class Deal: If women work hard, they will be financially rewarded
• Gender Deal: If women conform to traditional feminine roles (e.g., being good mothers/wives), they will receive emotional & social rewards
• However, when these deals break down, women turn to crime:
  e.g. Women who experience poverty, domestic abuse, or unemployment see crime as a rational choice
• many of the women in Carlen’s study had been victims of childhood abuse & economic marginalisation, making crime their only viable option

Question 11

Evaluation of Carlen’s deals

Answer 11

• Fails to explain middle-class female criminals, such as white-collar fraudsters
• Overemphasizes economic factors and does not consider psychological or individual motivations for crime > rational choice theory

Question 12

How does the liberation thesis explain female crime?

Answer 12

• Adler argues that as women become more liberated from patriarchy, their crime rates will increase & become as serious as men’s
• She claims that female crime used to be restricted by gender roles, but as women gain more independence, education, & workforce participation, they also gain access to male-dominated crime (e.g., robbery, fraud, gang violence) > illegitimate activity
• due to women’s greater self confidence > more higher position at work > more likely to commit white collar crime
• This supported by Denscombe who found that young women are now adopting male risk-taking behaviors as seen in the rise in female gang involvement > suggests that women are no longer passive victims of social control

Question 13

Evaluation of the liberation thesis

Answer 13

• Female crime is still much lower than male crime, despite gender liberation.
• Most female criminals are working-class, meaning that increased female opportunities have not necessarily led to more crime across all social groups
• Steffensmeier & Schwartz argue that the increase in female crime is due to changes in policing & reporting (widening the net) > arresting & prosecuting females for less crimes than previously

Question 14

Why are men more likely to commit crime?

Answer 14

• Messerschmidt suggests masculinity is a social construct that men actively work to achieve
• Hegemonic masculinity = dominant, idealized form of masculinity that men aspire to, characterized by work success, subordination of women & heterosexuality.
• some men have subordinated masculinities = (e.g., gay men, some ethnic minority or lower-class men) have no desire or lack the resources to accomplish hegemonic masculinity
• Different groups accomplish masculinity through crime:
• White m/c boys display an “accommodating masculinity” in school but engage in deviant acts (e.g. drinking, vandalism) outside of it.
• White w/c boys lack academic success, so they assert masculinity through physical aggression and opposing authority e.g. Willis
• Black w/c boys may face limited job opportunities due to racism, leading them to express masculinity through gang violence or serious property crime

Question 15

Evaluation Messerschmidt

Answer 15

• accused of making a circular argument – crime is used to explain masculinity, but masculinity is also used to explain crime.
• Overgeneralization – not all men use crime to demonstrate masculinity.
• Ignores non-criminal ways of expressing masculinity – such as sports, business, or education.

Question 16

How does changes in postmodernity explain male crime?

Answer 16

• Globalisation has led to a shift from industrial to PM society, eliminating traditional manual labor jobs where w/c men could express masculinity> has led some men to seek new outlets for demonstrating masculinity
• Winlow studied bouncers in Sunderland > he showed how young w/c men combined legal employment with illegal activities (e.g., selling drugs, handling stolen goods) as a means of asserting masculinity
• he applies C & O’s theory of subcultures, suggesting that while “hard men” in industrial society gained respect through violence, postmodernity has created a new professional criminal subculture linked to the nighttime economy
• Bodily capital – In this subculture, maintaining an image of toughness is crucial > Men invest in their physical appearance (e.g., bodybuilding) to intimidate others & secure status in criminal networks

Question 17

Evaluation of postmodernity as an explanation for male crime

Answer 17

• Lacks a female perspective – how does postmodernity affect female crime, women work in night time economy but crime rate remain low
• postmodernity has also led to the rise of cybercrime which is not based on physical masculinity > role of technology is missing from his analysis