Women and the Criminal Justice System

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1 SECOND EDITION Women and the Criminal Justice System Katherine Stuart van Wormer University of Northern Iowa Clemens Bartollas University of Northern Iowa Boston New York San Francisco Mexico City Montreal Toronto London Madrid Munich Paris HongKong Singapore Tokyo CapeTown Sydney

2 vn CONTENTS Preface xv PART ONE Introduction 1 X Gender, Patriarchy, and Social Control 3 The Study of Crime and the Male Perspective 4 Importance of Patriarchy 5 Feminist Theories 6 Liberal Feminism 6 Socialist Feminism 7 Marxist Feminism 7 Radical Feminism 8 Third-Wave Feminism 8 Post-Modern Feminism 9 Backlash to the Women's Movement 9 Human Agency 9 Oppression, Patriarchal Society, and the Criminal Justice System 10 La ws Defining Women's Place 12 Sexual Harassment of Women in Criminal Justice Institutions 13 Gender, Class, and Race and Women in the Criminal Justice System 15 The Empowerment Perspective 17 Paradigm Shift 19 Summary 19 PART TWO WomenCriminals Women in Crime 27 Explanations of Female Crime 28 Gender, Class, and Race 36 The Total Is Greater Than the Sum of Its Parts 38

3 viii Contents Extent and Nature of Female Crime 39 Is Female Crime Increasing? 39 Trends in Violent Crimes among Women Offenders 41 Women and Drug Offenses 45 Processing of Female Offenders 46 Summary 47 3 Feminist Theory and Research 53 Key Features That Distinguish Feminist Theories 53 The Problem of Generalizability 55 Gendered Pathways 57 Gendered Crime 57 Gendered Lives 58 Masculinities and Crime 58 Feminist Epistemologies 59 Research Methods and Methodology 61 Choice of Research Topic 61 Choice of Research Methods and Methodologies 61 Reflexivity 64 Policy and Action 65 Summary 66 4 Delinquency across the Life Span 70 The Life Course Perspective 71 Continuity of Delinquency into Adult Criminality 72 Desistance from Crime 73 Female Delinquency across the Life Course 74 Relationship Between Male and Female Patterns of Delinquency 74 Female Use of Drugs and Alcohol 76 Gang Behavior among Female Adolescents 77 Prostitution 79 Adolescent Females and Violent Behavior 79 Gender across the Life Course 82 Desistance from Crime 83 A Feminist Theory of Delinquency 84

4 Contents How Gender Bias Affects the Processing of the Female Delinquent 86 Gender Relations 86 Influence of Class 89 Racial Discrimination 91 The Whole Is Greater Than the Sum of the Parts 92 Summary 92 PART THREE DrugAddiction,Prison,andRestoration 99 5 Women, Substance Abuse, and Criminal Justice 101 First, the Statistics 102 TheMeaningoftheStatistics 107 Biological Factors 107 The Brain on Drugs 109 Co-occurring Disorders 111 The Role of Early Childhood Sexual Abuse 112 Psychological Factors 114 Pathways to Crime 114 Partner Violence 116 Social/Societal Factors 117 Punishment of Pregnant Drug Addicts 119 Treatment Issues 120 Promising Developments 126 Drug Courts and Community Treatment 126 Empowerment and Gender-Responsive Approaches 127 Summary The Prison Environment 135 History of the Women's Prison 136 The Population Profile 139 Mothers in Prison 141 Prison Structure 144 The Social World of the Women's Prison 144 Prison Families 145 Prison Sexuality 147

5 X Contents Attitudes toward Women in Prison 149 Prison Health Care 150 The Bad Mother Image 152 Degrading Practices 153 Prison Sexual Abuse 154 Inmate Litigation 157 Women on Death Row 159 Innovative Programs 162 Feminist Empowering Programs 163 Family Programs 164 Ethnic-Specific Programs 166 Summary 166 / Restorative Justice Programs: Innovation and Advocacy 174 Role Models 175 Linda Harvey 176 Mary Röche 176 Principles of Restorative Justice 177 Community Conferencing and Circle Sentencing 178 Family Group Conferences (FGCs) 179 Reparation and Restitution 179 Victim-Offender Conferencing 180 Female Off ender Special Needs 180 Innovative Programming 181 Adult Corrections 182 A Look at Program Effectiveness 183 Advocacy 185 Summary 187 PART FOUR Women as Victims and Survivors Rape 193 Historical Overview 195 African American Women and Rape 195 Reconceptualization of Rape 196

6 Contents Prevalence 197 Impact of the Mass Media 200 Blaming the Victim 201 Types of Rape 205 Acquaintance Rape 205 Mass Rape 208 Child Sexual Abuse 210 Priest Abuse 212 Criminal Justice Response 214 Victims' Rights 216 Psychological Trauma 217 Treatment and Empowerment 219 Denial-Avoidance 220 Guilt and Sexualization 221 Reexperience and Rage 222 Healing 222 Summary 223 Wif e and Partner Abuse 231 Historical Overview 233 Nature and Scope of the Problem 233 Lesbian and Gay Couples 235 Rates of Violence among Ethnic Minorities 236 International Research 237 Dynamics of Intimate Abuse 239 Marital Rape 242 Murder-Suicide 243 Women Who Kill Their Husbands/Partners 246 Theories of Partner Abuse 248 Societal Stress 248 Family Violence Framework 249 Systems Theory 250 Feminist Therapy 250 The Substance Abuse Connection 251 The Psychology of Male Abuse 254 Children Witnessing Violence 255

7 xii Contents Criminal Justice Process 257 Human Rights Issues 260 Empowerment 261 Crisis Intervention 261 Shelters for Battered Women 263 Treatment for Batterers 264 Summary Women's Victimization: Global Perspectives 277 The Impact of Globalization 280 Women's Rights Are Human Rights 284 Violations of Women Domestically 287 WifeBeating 289 Honor Killing 290 Immigration and Domestic Violence 290 TheLegacyofthelraqWar 291 Community-Level Victimization: Sex Trafficking 292 Victimization of Women at the State Level 293 Rape in War 293 Women, War, and Peace 297 Treatment of Immigrants in U.S. Detention 297 Global Initiatives for Rights and Justice 298 Restorative Justice 299 Summary 301 PART FIVE WomenasProfessionals 307 XX Women in Law Enforcement 309 A History of Women in Policing 310 Barriers to Women in Policing 314 Comparison of Male and Female Officers' Job Performance 315 Gender, Race, and Culture 316 Gender and Culture: Women Are Not Wanted This Is a Man's Job 316

8 Contents xiii Community to Community: Changing Roles for Police Officers 320 Sexual Harassment in the Police Culture 321 African American Women in Policing 323 Success in a Difficult Career Path 324 Legal Protections 327 United States Civil Rights Act 327 Fair Employment Practices (FEP) 328 Tort Laws and Criminal Charges 328 Statute 42 United States Code Section The Courts and Findings of Sexual Harassment 330 The Reasonable Woman Standard 331 Issues of Women Working as Police Officers 332 Summary Women in the Legal Profession 339 History of Women in Law 341 Law School Socialization 344 Patriarchal Nature of the World of Law 346 Legal Practice: Struggles in a Man's World 347 Women on the Bench 351 Race, Class, and Gender 353 Gender and Discrimination 353 Sexual Harassment 354 Synergistic Nature of Race, Class, Gender, and Sexual Orientation 355 Mass Media Images 357 Television and Film Portrayais 358 Strengths of Women Attorneys 359 Significance of Women's Entrance into the Law 361 Summary 363 X3 Women in Corrections 369 History of Women in Corrections 370 Women Probation Officers 373 Women Jail Officers 375

9 xiv Contents Women Wardens 377 The Correctional Counselor 379 Stages in Counselors' Correctional Careers 380 The Female Correctional Officer 382 Toxic Environment 383 Privacy-Equal Employment Dilemma 386 Comparison of How Female and Male Correctional Officers Do Their Jobs 387 Issues of Women Working as Correctional Officers 387 Summary 389 X4r Summary and New Directions for the Future 393 Theme of Gender, Class, Race/Ethnicity, Sexual Orientation, and Age 393 Theme of Multiple Oppressions of Gender, Class, Race/Ethnicity, Sexual Orientation, and Age 394 Theme of Male-Oriented Social Construction of Knowledge 395 Importance of Social Context 396 Empowerment of Women Involved with the Justice System 397 Future Trends 398 Index 401

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