Gender and Justice New concepts and approaches WILLAN FRANCES HEIDENSOHN PUBLISHING Gender and Justice Gender and Justice New concepts and approaches Edited by Frances Heidensohn WILLAN PUBLISHING Published by Willan Publishing Culmcott House Mill Street, Uffculme Cullompton, Devon EX15 3AT, UK Tel: +44(0)1884 840337 Fax: +44(0)1884 840251 e-mail: [email protected] website: www.willanpublishing.co.uk Published simultaneously in the USA and Canada by Willan Publishing c/o ISBS, 920 NE 58th Ave, Suite 300, Portland, Oregon 97213-3786, USA Tel: +001(0)503 287 3093 Fax: +001(0)503 280 8832 e-mail: [email protected] website: www.isbs.com © the Editors and contributors 2006 All rights reserved; no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Publishers or a licence permitting copying in the UK issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court Road, London W1P9HE. Paperback ISBN-13: 978-1-84392-199-8 ISBN-10:1-84392-199-5 Hardback ISBN-13: 978-1-84392-200-1 ISBN-10:1-84392-200-2 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Typeset by GCS, Leighton Buzzard, Bedfordshire Project managed by Deer Park Productions, Tavistock, Devon Printed and bound by T.J. International Ltd, Padstow, Cornwall Contents Acknowledgements vii Contributors ix Figures and Tables xiii 1 New perspectives and established views 1 Frances Heidensohn Part 1 Gender and Offending Behaviour 11 Introduction Frances Heidensohn 2 A dubious equality? Drug use and the discovery 15 of gender Michael Shiner 3 Gender differences in self-reported offending 32 Kirstine Hansen 4 Schoolbags at dawn 60 Carrie Anne Myers 5 Regulating prostitution: controlling women's lives 76 Joanna Phoenix Gender and Justice 6 Stigmatised women: relatives of serious offenders and the broader impact of crime 96 Rachel Condry Part 2 Gender and the Criminal Justice System 121 Introduction Frances Heidensohn 7 Gender considerations in remand decision-making 125 Kate Steward 8 'Bad Girls' or 'Mad Girls' - the coping mechanisms of female young offenders 147 Nicola Hutson and Carrie Anne Myers 9 A gendered Irish experiment: grounds for optimism? 165 Barbara Mason 10 Reforming the prison: a Canadian tale 188 Stephanie Hayman Part 3 New Concepts and Approaches 209 Introduction Frances Heidensohn 11 Gender, genes and crimes: an evolving feminist agenda 211 Nicole Rafter 12 Gender and crime: a human rights perspective 222 Marisa Silvestri 13 Gender, justice and human rights in post-colonial Zimbabwe and South Africa 243 Oliver Phillips 14 Another look at Lady Bountiful: reform, gender and organisations 280 Judith Rumgay vi Acknowledgements This book has a number of inspirations and sources. First, I have long been concerned with the ideas and issues it covers and was delighted to find so many new and younger scholars working on these topics. Many of them are linked to the London School of Economics as past or present staff or students. When compiling reading lists for courses, I was struck that most of this exciting and challenging material w'as not easily accessible. Questions about gender, justice and crime seem to be constantly in the public arena, whether they focus on young women getting drunk or taking drugs or the rising numbers of women going to prison or committing violent crimes. Masculinity has also been highlighted as an issue, with reports of macho behaviour in the military, law enforcement or professional sport. Returning to the sociology department at the LSE as a visiting professor in 2004 provided me with a marvellous stimulus to produce this text and a most lively and supportive atmosphere in which to work. My thanks to Nikolas Rose for the invitation and most kind welcome and to Joyce Lorenstein and Tia Exelby for all their help. The LSE is one of the most interesting and important centres for the study of criminology today and I have been most fortunate to be able to share ideas and discussions and gain encouragement from all my colleagues there. 1 am especially grateful to Paul Rock, David Downes, Tim Newburn, Stan Cohen, Nikki Lacey, Dick Hobbs, Janet Foster, Robert Reiner, Anna Souhami, Jacqui Karn, Maurice Punch, Coretta Phillips, Iman Heflin and the regular members of the Tuesday seminars. My debt to all the contributors is immense, for their hard work, willingness to take part and for the spirit in which they have Gender and Justice done so. Mary Eaton and Betsy Stanko were always ready with thoughtful advice and suggestions. Nicky Rafter has, as always, been the best of friends, offering encouragement, wisdom and support. Brian Willan has been an exemplary publisher, proving again his star status in UK criminology. Jutta Schettler has provided incomparable skill and patience in preparing the manuscript for publication. I am most appreciative of all the support and kindness I have received from everyone and trust that they, and all our readers, will find interest, challenges and some answers here. Frances Heidensohn London School of Economics September 2006 Contributors Frances Heidensohn is Visiting Professor, Department of Sociology, London School of Economics and Emeritus Professor of Social Policy, University of London. She has researched and written about gender, crime and justice for many years. Among her books are Women and Crime (1985/1996), Women in Control? The Role of Women in Law Enforcement (1992), International Feminist Perspectives in Criminology (with Nicole Rafter) (1995), Sexual Politics and Social Control (2000) and Gender and Policing (with Jennifer Brown) (2000). She was awarded the Sellin Glueck Award of the American Society of Criminology in 2004 for her international contributions to criminology. Rachel Condry is a research fellow in the Law Department at the London School of Economics. She holds a British Academy post doctoral fellowship aw'ard and is currently studying parenting and youth justice. She is the author of Families Shamed: The Consequences of Crime for Relatives of Serious Offenders (2007). Kirstine Hansen is the research director of the Millennium Cohort Study at the Institute of Education, University of London. She was previously a lecturer in the Department of Social Policy, London School of Economics. Her recent publications include 'Education and the Crime-Age Profile', British Journal of Criminology and articles in the Journal of Quantitative Criminology and the Oxford Bulletin of Economics and Statistics.