Women and the Criminal Justice System PDF
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W o m e n a n d t h e C r i m i n a l J u s t i c e S y s t e m Failing Victims and Offenders? Edited by Emma Milne, Karen Brennan, Nigel South and Jackie Turton Women and the Criminal Justice System “Just over ten years ago the Corston report highlighted that the prison sys- tem was largely designed by men for men. The papers included in this volume reflect on women’s experiences in the criminal justice system: they consider what has, or has not, been achieved in the period since Corston, the current state of play, and what we need to think about in terms of future strategies. Its focus is on women’s involvement in the criminal justice system as a whole, rather than being simply characterized as ‘victims’ or ‘offenders’. Written by both leading experts and those relatively new to the field, it provides a timely and refreshing perspective that will be of great interest to academics and policy makers alike. The insights contained in each of the papers underscore the need for women’s experiences to be at the centre of debates on crime and criminal justice policy.” —Jayne Mooney, John Jay College of Criminal Justice, USA Emma Milne · Karen Brennan · Nigel South Jackie Turton Editors Women and the Criminal Justice System Failing Victims and Offenders? Editors Emma Milne Nigel South Middlesex University University of Essex London, UK Colchester, UK Karen Brennan Jackie Turton University of Essex University of Essex Colchester, UK Colchester, UK ISBN 978-3-319-76773-4 ISBN 978-3-319-76774-1 (eBook) https://doi.org/10.1007/978-3-319-76774-1 Library of Congress Control Number: 2018934664 © The Editor(s) (if applicable) and The Author(s) 2018, corrected publication 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Palgrave Macmillan imprint is published by the registered company Springer International Publishing AG part of Springer Nature The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland We would like to dedicate this book to the professionals, volunteers and academics who work to improve the experiences of women as they come in contact with the criminal justice system. We are grateful to the following for funding contributions that enabled us to run the conference that formed the basis of this book, as well as several follow-on activities: University of Essex ESRC Impact Accelerator funds, CHASE DTP—Consortium for the Humanities and the Arts South- East England, the Centre for Criminology and the School of Law at the University of Essex, the Royal Statistical Society and Palgrave Publishers. The original version of the book frontmatter was revised: The affiliation of the book editor Emma Milne has been corrected. The erratum to the book frontmatter is available at https://doi.org/10.1007/978-3-319-76774-1_11 vii Contents 1 Women and the Criminal Justice System—Moving Beyond the Silo 1 Karen Brennan, Emma Milne, Nigel South and Jackie Turton Part I Women as Victims and Offenders 2 Rape Myths in the Criminal Justice System 15 J. M. Gray and M. A. H. Horvath 3 False Allegations of Sexual Violence: The Reality 43 Charlotte Triggs OBE 4 Domestic Abuse: Predicting, Assessing and Responding to Risk in the Criminal Justice System and Beyond 67 Aviah Sarah Day, Angela Jenner and Ruth Weir ix x Contents 5 Criminalising Neonaticide: Reflections on Law and Practice in England and Wales 95 Karen Brennan and Emma Milne 6 Understanding Violent Women 119 Emma Milne and Jackie Turton Part II The Criminal Justice System: Failing or Improving? 7 Sentencing Women in the Transformed Probation Landscape 143 Gemma Birkett 8 Why Training Is Not Improving the Police Response to Sexual Violence Against Women: A Glimpse into the ‘Black Box’ of Police Training 167 Elizabeth A. Stanko OBE and Katrin Hohl 9 Why Focus on Reducing Women’s Imprisonment? 187 Jenny Earle 10 Women, Crime and Criminal Justice: Tales of Two Cities 221 Loraine Gelsthorpe Erratum to: Women and the Criminal Justice System E1 Index 245 Editors and Contributors About the Editors Dr. Emma Milne is Lecturer in Criminology at Middlesex University. She gained her Ph.D. in Sociology from the University of Essex. Her research interests are in feminist criminology and women offenders. The wider context of Emma’s work is consideration of social controls and criminal justice regulations on all women, notably in relation to preg- nancy, sex and reproduction. Dr. Karen Brennan is a Lecturer in Law at the University of Essex. Her research interests focus on the criminal law/practice in the context of childbirth and motherhood. Her published work examines the his- torical, socio-legal and gendered aspects to the criminal justice response to infanticide, and she is currently exploring the potential role of the criminal law on the issue of obstetric violence. She is also interested in the role of compassion in the criminal law and criminal justice practice, particularly in the context of assisted dying. xi xii Editors and Contributors Nigel South is a Professor in the Department of Sociology and Director of the Centre for Criminology, University of Essex, and a visiting Adjunct Professor at the Crime and Justice Research Centre, Queensland University of Technology. He has published widely on var- ious aspects of criminology and criminal justice including crime, ine- qualities and citizenship, and on public health and community services. In 2013, he received a Lifetime Achievement Award from the American Society of Criminology, Division on Critical Criminology, and in 2014 was elected a Fellow of the Academy of Social Sciences. Recent books include A. Brisman, E. Carrabine and N. South (eds.) (2017) The Routledge Companion on Criminological Theory and Concepts, Routledge. Jackie Turton is a Professor in the Sociology Department at Essex University. She joined the University after a career in the health service and has taught sociology and criminology since 1996. Jackie is an experienced qualitative researcher and has completed projects for the Home Office, Department of Health and the Royal College of Paediatrics and Child Health linking her research and analysis with policy and practice. Jackie’s teaching and research interests have focussed on domestic crime in particu- lar child abuse as well as women as victims and offenders. She has taken part in discussions about female child abusers on Woman's (Radio 4) as well as child abuse more generally on local radio. Her book Child Abuse Gender and Society (2008) is a critical reflection of her research in this field. Jackie has recently been working with a multidisciplinary team devel- oping an evaluation strategy for community projects set up to support women (often victims themselves) who have “repeat losses to care”— children removed because of child protection concerns. Her recent co-authored publications detail the problems and difficulties for this set of women and the issues for evaluating small feminist-led community initiatives. She took on the role of Deputy Dean (Education) for the Faculty of Social Sciences at Essex in August 2016.
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