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The History, Evolution, and Current State of Female Offenders: Recommendations for Advancing the Field PDF

119 Pages·2022·1.802 MB·English
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THE HISTORY, EVOLUTION, AND CURRENT STATE OF FEMALE OFFENDERS The History, Evolution, and Current State of Female Offenders: Recommendations for Advancing the Field summarizes what the field has learned about females and crime; details the status of legislation and criminological research focused on female criminality; and provides recom- mendations for advancing the field. Van Gundy and James present the material from a gen- dered approach with the goal of analyzing the current understanding of the relationship between gender and crime. Tracing the intellectual history of feminist criminology from its foundations to the present time, the authors follow four primary themes: What do we know about the relationship between gender and crime? What special needs do female offenders have? What works and doesn’t work for female offenders? What can or should we do from here? Reaching back to Carol Smart’s seminal 1976 book, Women, Crime and Criminology: A Feminist Critique (avail- able through Routledge Revivals), the authors note that in some ways, modest progress has been made, but large gaps in research and policy still exist. Thismuch-neededbookprovidesanoverarchingview ofthe historyand evolutionofthe understanding of the relationship between gender and crime, detailed analysis of seminal work and criminological studies, an exploration of incarceration, reentry and programming, and concrete recommendations for future research. These recommendations focus on the importance of creating and utilizing theoretical models that measure the role of gender and identity, inclusion of female-specific variables when examining and responding to crimin- ality, and the necessity of policymakers and legislators to address female criminality from a gendered lens. Dr. Alana Van Gundy is a professor and domestic violence and animal law attorney. She teaches courses on corrections, criminal behavior, and law and social policy. Her work and publications focus on women and trauma, domestic violence and victimization, and the criminological link between human and animal violence. Dr. Shauntey James received her Ph.D. from Western Michigan University in 2000 in sociology with an emphasis on criminology, criminal justice and feminist theory. Dr. James received her J.D. in 2014 from Thomas Cooley Law School. Presently, she works at Penn State Harrisburg and presents her research on the local, state, and national level. THE HISTORY, EVOLUTION, AND CURRENT STATE OF FEMALE OFFENDERS Recommendations for Advancing the Field Alana Van Gundy and Shauntey James Firstpublished2022 byRoutledge 605ThirdAvenue,NewYork,NY10158 andbyRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2022Taylor&Francis TherightofAlanaVanGundyandShaunteyJamestobeidentifiedasauthorsofthiswork hasbeenassertedbytheminaccordancewithsections77and78oftheCopyright,Designs andPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedorutilizedinany formorbyanyelectronic,mechanical,orothermeans,nowknownorhereafterinvented, includingphotocopyingandrecording,orinanyinformationstorageorretrievalsystem, withoutpermissioninwritingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksorregisteredtrademarks, andareusedonlyforidentificationandexplanationwithoutintenttoinfringe. LibraryofCongressCataloging-in-PublicationData Acatalogrecordforthistitlehasbeenrequested ISBN:978-0-367-02725-4(hbk) ISBN:978-0-367-02727-8(pbk) ISBN:978-0-429-39816-2(ebk) DOI:10.4324/9780429398162 TypesetinBembo byTaylor&FrancisBooks From A.V.G Tey – You were there at the beginning of this journey; I cannot think of anyone more fitting to share the end of it with. From S.J. I would like to thank God for this wonderful opportunity. Thank you Alana for giving me the opportunity to participate in this adventure. It has been a bumpy ride, but I thank God for your companionship. I will treasure it always. Lastly, I would like to thank my family and friends for always being there for me, BUT especially a special thank you to Marlene Fulton (Aunt Mar- lene) and Melvin Fulton (Uncle Crump). You have made me into the person that you see today, because you both always shielded and marked my path. I may not say it, but I am truly grateful. CONTENTS Acknowledgements x Introduction 1 1 The History of Feminist Criminology 5 Traditional Criminological Theory 8 Feminist Criminology 10 Marxist Feminist Theory 12 Structural Feminist Theory 13 Liberal Feminist Theory 13 Radical Feminist Theory 13 Black Feminist Theory 14 Latina Feminist Theory 14 Postmodern Feminist Theory 15 Current Status of Feminist Criminology 15 Conclusion 15 2 Seminal Works: The Evolution of Viewpoints on Female Offenders 18 Conclusion 27 3 Evolution of Female Case Law 29 Victimization and the Law 29 Sexual Assault Resources 32 Most Recent Case Law 32 The Female Victim 33 Intimate Partner Violence 33 The Female Offender 36 Prostitution 36 viii Contents Drug Offenses and Motherhood 37 Discussion 38 Conclusion 38 4 Gender and Theoretical Testing 43 Learning Gender 44 Gender Roles 44 Ties to Criminality 45 Generality Versus Gender-Specificity Debate 45 Review of Theoretical Studies 46 Strain, Self-Control, and Life Course Theory 46 Additional Studies 48 Discussion 50 Conclusion 52 5 Female Prisons 56 Female Offenders 56 Evolution of Female Prisons 57 Histories and Special Needs of Female Offenders 58 Trauma 59 Mental Illness 62 Sexual Assault 62 Pregnant Mothers and Incarcerated Mothers 63 Gender-Specific Health Issues 65 Elderly Women 66 Publications by Women Who Are Incarcerated 67 Conclusion 68 6 Gender and Reentry 74 Reentry and Recidivism 74 Gender-Specific Concerns 74 Gender-Specific Variables 76 Impact on Family 76 Housing 77 Education and Employment 78 Reentry After Jail 79 Gender-Specific Reentry Programs 79 Alternatives to Incarceration 80 Conclusion 82 7 Gender-Specific Programming 86 Gender-Specificity within Programming 86 Examples of Gender-Specific Programs 88 Girls Gender-Specific Programming 89 Contents ix Adult Gender-Specific Programming 93 Ties to Criminological Theory 95 Conclusion 95 8 Recommendations for Advancing the Understanding of Female Offenders 99 1) Acknowledge that Gender Matters. 99 2) Incorporate Multiple Forms of Feminist Theory into the Study of the Relationship between Gender and Crime. 100 3) Expand the Applicability of Criminology through the Inclusion of Traditionally Marginalized Voices. 101 4) Examine the Impact of Case Law on Both Victims and Offenders. 102 5) Conduct Additional Analyses of Criminological Studies that Include Females in the Subject Population. 102 6) Look to Outside Disciplines to Identify Gender-Specific Variables that Are Impactful on Women and Are not Currently Utilized in a Gender-Specific Female-Centric Criminological Model. 103 7) Create a New Female-Centric Model of Criminality. 103 8) Utilize the New Model of Criminality to Redesign Gender-Specific Institutions, and Reentry and Institutional Programming. 104 Conclusion 104 Index 106

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