The feminist criminology school of thought has been undertaken in order to emphasize the effects of such theoretical analysis in the areas of crime and criminality. The concept of crime is highly complex phenomenon and is present in the society since time immemorial as stated by modern philosophers. Modern authors stated that the changes in human activities and behavior made the society to undergo major changes and in such process the formal trial system was first introduced in the Middle Ages (Brown, 2006). The feudal lords initiated the trial system in which it was decided that the person who has committed the crime not only violated the law of the land, the principles of criminal laws were violated as well.
The concept of criminology is associated with the study of crime and criminal justice system (Alvesalo et al., 2006).The concept of feminist criminology emerged during the early 1970s which contributed enormously in investigating the issues of crime affecting the women group in general (Burruss, 2009). In the early ages due to the existence of patriarchal society, the issue related to crime and women were discussed keeping in mind the male perspective (Bernard, 2013). It has been observed that during the latter half of 20th century the responses of criminal justice system was limited to male criminals where little or no recognition was made on female offenders (Chamberlain, 1999).Traditionally the concept of criminology has been described from male perspective and ignored the issues of crime affecting the female gender (Follett, 2009). In recent trends female criminologists placed the issues of gender at the centre by introducing different perspectives to understand the concepts of crime and criminality (Hirschi & Gottfredson, 1989). Feminist criminology focuses on a wide range of theoretical perspectives and methodologies that help in better understanding of the issues of crime related to women (Bernburg, Krohn & Rivera, 2006). According to scholars the word “feminism” can be defined as the intense awareness of identity as a woman and interest in various problems governing such group.
In this regard the contribution of both liberal and Marxist feminist has been emphasized. The liberal feminists focused on providing equal opportunities for women while the Marxist feminists focused on capitalism and class relations (Cohen & Felson, 1979). In recent trends female criminology is concerned with the victimization of women. It can be stated that women in the past has been discriminated on various grounds which includes- employment and education (Carrington, Donnermeyer & DeKeseredy, 2014). In order to overcome such discrimination women have intended to establish their position in the society by putting forward the concept of feminist criminology (Arsovska & Allum, 2014).
This assignment seeks to provide presentation on the contributions made by feminists in the field of criminology. In this assignment various sociological factors has been presented which forms important aspect of feminist criminology like domestic violence and prostitution.
Criminology has always been viewed from a male centric view. The feminist school of criminology, commonly known as Feministic criminology had developed between the 1960s and 1970s (Tracy, 2012). Feminist criminology had come into being as a result of the discrimination against women and general disregard of women in the field of criminal study (Arsovska & Allum, 2014). Before the emergence of the feminist criminology women were treated in accordance with the ideals of femininity which were flexible in nature (Wheeldon & Heidt, 2007). The courts treated women with chivalry while giving verdicts and could not apply the provisions of legislation on them without inhibitions (Webster & Kingston, 2014). In earlier societies men were expected to treat women in protective manner and this thought process and the general mindset deterred the courts to apply legal punishments on the female offenders (Tracy, 2012).Therefore the women in earlier societies were far more protected and beyond the reach of the law as crimes committed by them were not reported most of the times (Player, 2014). Women were not prosecuted, and sentenced harshly for the crimes committed by them (Nelson, Gabbidon & Boisvert, 2015). Scholars stated that prior to the commencement of Feminist Criminology most of the texts dealing with criminology paid nominal attention to the crimes committed by women (Wellsmith & Burrell, 2005). The crimes committed by women were not given separate definition and were grouped together under the category of crimes committed by juveniles and mentally insane patients (Smith et al., 2003). The existence of patriarchal and male dominating society showed no importance to the women group and the role of women in committing crimes was never considered to be a threat to it. Feminist Criminology is concerned with how women are victimized in the society. Feminist Criminology shared concern about delinquency in females, gender inequality in the criminal justice system and prostitution (Kaylen & Pridemore, 2013). Feminist Criminology takes into account different perspectives and methodologies about gender discrimination in the society (Wheeldon & Heidt, 2007). Explanations of crimes committed by women, responses to female offending, treatment of women in prisons, women working in the field of correctional facilities are all covered by Feminist criminology (Nelson, Gabbidon & Boisvert, 2015). Feminism aims to eliminate the gender inequality that exists in the society and sets out theories of oppression of women (Matthews, 2009). It also discusses about the strategies to change such oppression. The four major theories of feminism can be classified as liberal, classical, social and Marxist Feminism.
Liberal feminists are of the opinion that women were denied access to political, career, financial and employment opportunities (Mythen & Walklate, 2005). According to the liberal feminists the discrimination against women can be eliminated by providing women with equal access to employment, education, and politics (Kaylen & Pridemore, 2013). Allowing women to participate equally along with men in the public sector will also help to eliminate discrimination against women. The liberal feminism propagates the idea that as women have become liberated in the recent years and entered into the mainstream society; they are more likely to commit crimes that men do in the society (Kleemans, Soudijn & Weenink, 2012). The offenses committed by women are generally not violent in nature and the number of offenses committed by women was far more less than the number of crimes committed by men (Jenkins, 1984).
Marxist Feminism states that the economic formation of a society is the primary factor that governs social and gender relations (Matthews, 2009). Marxists opined that the nature of an economy is the key determining factor of division of labor (Feeley & Simon, 1992). It is noteworthy to mention that the number of rapes recorded is significantly higher in capitalist countries as capitalism produces unequal relation between genders which intern fosters violence.
Radical feminism considers the powers and privileges given to the males in a male dominated society to be the root cause of all the crimes committed against women and also responsible for the gender inequality prevalent in such patriarchal society (Hayward, 2007). According to the Radical feminists the main causes of gender discrimination and inequality are:
The theory of socialist Feminism states that the commission of any crime against women is generally regarded to be a product of capitalism which is patriarchal in nature. Socialist Feminism gives equal importance to class and gender relations (Smith et al., 2003).
Various theorists contributed in creating fair amount of insight to different criminology schools of thought. The contribution of Freda Adler in 1975 to the Sisters in Crime: The Rise of New Female Criminal is remarkable (Holtfreter & Wattanaporn, 2014). They key theoretical insight presented by Freda Adler in the feminist criminology school of thought dealt with female crimes in a socially challenged society (Hardie, 2010). Freda Adler laid emphasis on the point that female crime is a social phenomenon; it is in no way collected to sexual pathology (Hayward, 2007). Adler was not reluctant in stating that creating more social opportunities for women in the American societies would result in more opportunities for crime in the future.
Rather than adherence to very particular methods, feminist research is much better characterized as arising from methodological and ethical concerns related to theory, ontology and epistemology and to political engagement, which for the most part is fairly significant (Hauhart, 2012). Feminist work from the outset definitely has been deeply concerned with methodological issues. It for all intents and purposes has been particularly open to innovative approaches to research and to deploying established methods in new ways in a subtle way. Feminist criminology of the 1970s and 1980s sought to address two main problems with this criminological enterprise one of them is negligence of women in the study of crime; and the other includes stereotyped and one dimensional accounts of women’s sufferings and consequent problems (Hirschi & Gottfredson, 2000). Daly was confident in stating that distorted accounts of women’s experiences of crime literally were the product of stereotypes about the concept of female psychology and behavior (Hamm & Van de Voorde, 2005). The traditional gender-role expectations led to assumptions about ‘normal’ and ‘deviant’ behavior for women, contrary to popular belief (Heidensohn, 2012). Based on this critique, the feminist criminology began to investigate the absence of gender theory in the study of crime.
Considerable international expansion in the last ten years led to the foundation of capitalist societies. Most of the scholars focused on gender- equality. They failed to address the issues underlying women victimization and female delinquency.
Freda Adler emphasized on the liberation of women in the early 70s due to new economic opportunities for women and at the same time made women exposed to crimes as men (Fergusson, 2013). Adler was of the view that women had received access to equal opportunities as men in all fields of the society they had also opened the doors to a whole new world of major crimes which included white collar crime, robbery and murder (Garland, 1997).
The topic of feminist school of criminology has been subjected to a lot of debates. Feminist criminology is generally assessed from two different perspectives. The first perspective, Chivalry Hypothesis and parentalism perceives female offenders as victims and therefore argues that women are not treated as strictly as men by the criminal justice system as the criminal justice system is male dominated (Gottfredson, 2011). However, the second perspective, evil woman hypothesis suggests that the treatment received by female offenders is harsher than their male counterparts (Mythen & Walklate, 2005). The proponents of the second perspective are of the opinion that since the criminal justice system is male dominated female offenders receive harsher treatment (Genders & Player, 2014). Victimization of women in the society is the main concern of Feminist Criminology and texts related to criminology do not cover the all possibilities of criminal female criminality (DeKeseredy, 2015). According to Smart, the model of female criminality is determined by the differences that exist between the abilities, temperament of men and women (Player, 2014). He stated that mainstream criminology considers males and females alike and therefore suggests that male criminality is expected to work fine for female criminality. In this regard Merton’s strain theory focuses more on the economic development of women (Feeley & Simon, 1992). However, critics of this theory suggested that the aforementioned theory failed to focus on personal relationships which are considered to be one of the key constituents of female criminality (DeKeseredy & Dragiewicz, 2014). Female criminologists have argued that application of Merton’s theory on female criminality is not possible as records of crimes committed by women are significantly less in number compared to the crimes committed by men (Cohen & Felson, 1979).
The path-breaking breakthrough in female criminology has come by Feminist Pathways theory (da Silva, 2000). It can be stated that female criminality is closely related and linked to the real life experiences of women in the society. This theory focuses on how the place of women in the society leads them into crimes and criminal lifestyles (Carrington, Donnermeyer & DeKeseredy, 2014). The theory focused on the abuse of girls in a patriarchal society which is governed by a patriarchal juvenile justice system has deprived women of the opportunities that men are entitled to and therefore has indirectly forced them to take up a criminal lifestyle (Brown, 2006). Feminist criminology covers many topics and also uses several methodologies. Like mainstream male criminologists, feminist criminologists also use the qualitative and quantitative methods. Official data is collected and large scale surveys are conducted to assess the relationship between the experiences of women due to which they resorted to criminal lifestyles and the crimes committed by them as a part of the quantitative method (Crow & Smykla, 2015). In depth interviews of female offenders as a part of the qualitative method are used to figure out the relationship between victimization of women and crimes committed by such victims who later turned into offenders (Smith et al., 2003). It is to be said that often a combination of both the methods is used to answer questions raised by theories of feminist criminology.
The feminist criminology school of thought was founded with a motive to reduce and control various crime contributing factors. It can be stated that the school of thought was so far successful in doing so however certain drawbacks can be observed in certain areas which can be described briefly along with the major theories of punishment (Kaylen & Pridemore, 2013). The feminist criminology school emphasized that punishment should be in such form so that the offender realizes the gravity of the offence (Chamberlain, 1999). The theories of punishment are can be summarized on the basis of traditional theories of female criminality and modern theories of crime. The traditional approach on female criminality has first propounded by Dr. Cesare Lombroso and regarded females to be more dangerous and vicious than male counterparts (Burruss, 2009). In this regard the various theories have been described briefly.
Pollack considered women to be more deceitful than men. Pollack considered female crime as an association with prostitution and theft. He considered female nature to be positive, gentler and purer than the males (Arsovska, & Allum, 2014). Females are best suited to the role of a mother and wife according to Pollack however they possess criminal mentality because they are often revengeful, greedy and untrustworthy (Nelson, Gabbidon & Boisvert, 2015). Feminist theorists stated that women possess dark-side to some extent order to cope up with the social challenges (Jenkins, 1984). Pollack stated that men contribute little to female criminality and in this way females are kept in inferior position (Wheeldon & Heidt, 2007). The individual female characteristics of crime is the main reason for rising pattern for female crimes and that women ignored their social position, limits and responsibilities while committing crimes.
Masculinity is the motive of crime and women are regarded as unsuitable for crime, as stated by the founders of this theory (Mythen & Walklate, 2005). The ancient scholars stated that women possessing masculine traits have greater affinity to criminal behavior (Hayward, 2007).The masculine personality traits in such females increased their involvement in crimes like drugs and child trafficking. The role theory was heavily criticized by modern authors because it failed to undermine the causes which contributed to role frustration and under socialization. The theory failed to structure the caused personality development and added little understanding to the concept of feminist criminality.
The modern punishment theories have been adopted to punish the offender and on the other hand these theories contributed in shaping the personality traits of the offender (Holtfreter & Wattanaporn, 2014).
The exponents of the deterrent theory of crime explained punishment as a means to prevent offenders from repeating the crime. The deterrence theory of punishment was supported by traditional authors however it failed to keep its impact in the modern world. According to modern thinkers, the theory of deterrence cannot be considered as an effective form of punishment because the severities of such punishment do not prevent an offender from committing a crime (Chamberlain, 1999). Crimes are often committed without knowing the consequences arising out of it for example in case of theft, trespass where the offender may not have idea regarding the nature of the crime. The deterrent theory failed to show its affect on ordinary criminals.
The exponents of the reformative theory states that offenders in prison should be re-educated by providing adequate knowledge (Hirschi & Gottfredson, 2000). The personality of the offender takes a new shape and he is able to establish himself as a responsible member of the society. The reformists argued that prisons are supposed to transform a person into law abiding citizen and severe punishment would lead them to choose the wrong path Mythen & Walklate, 2005). This theory was adopted by the feminist criminology school of thought however it had certain limitations. According to modern scholars, this theory could encourage to the commission of crimes.
The exponents of the preventive theory of punishment were of the view that crime can be prevention by disabling the criminal by inflicting the fear of penalty and confining in a prison for a certain period. In some cases of heinous crimes, offenders are inflicted with death penalty and sometimes life imprisonment which will ensure that once for the entire offender will be prevented from repeating such heinous act (Nelson, Gabbidon & Boisvert, 2015). The feminist criminology school of thought adopted the preventive theory in its outlook however it failed to apply such theory to the appropriate areas (Kaylen & Pridemore, 2013). According to modern philosophizes, the preventive theory was limited to its application on the ground that it concentrated on disabling the offender from repeating the crime however it ignored the motive of the offender while committing the crime (Heidensohn, 2012).
According to the retributive theory of punishment, the offender pays for his crime. The feminist criminology school of thought adopted the principle of retributive theory in order to provide justice to the victims. The issue of punishment has been a well debated topic for many scholars over the years. The theory emphasized on the policy that an evil should returned with an evil which states that an individual should be dealt in a manner in which he deals with others. According to Hegel, the offender rejects the rights of the victim while committing the crime which led to the emergence of the retributive theory (Matthews, 2009). The retributive theory was supported by the ancient authors however it was strictly criticized by modern authors on various grounds. The theory ignored the causes of the crime and did not contribute to the removal of such causes. According to modern philosophizes, retribution considers punishment as a way of expiation (Chamberlain, 1999). The offender owes debt to the victim as a form of penalty and when the punishment is endured the debt is paid by the offender and the crime is dissolved.
Rehabilitation is a system of modern society in which offenders are given the opportunity to change themselves for the betterment of the society (Genders & Player, 2014). In modern rehabilitation centers prisoners are treated fairly by giving them the opportunity to educate themselves by providing adequate knowledge and training. Therapy is another form of rehabilitation that emerged recently which contributed to the primary purpose in identifying the various problems faced by the convicts and providing appropriate treatment for them (DeKeseredy, 2015). In this method, the crime history of the convicts is reviewed by considering their medical condition the appropriate solution is suggested. The aim of the rehabilitation method is to lessen criminal activities in the society by transforming the offenders (Genders & Player, 2014).This theory proved to be beneficial in the modern age and the feminist criminology school of thought rightly adopted this principle. In this regard the concept of probation and parole has been introduced in order to rehabilitate criminals by guiding them to become a responsible citizen of the society. Probation can be granted by the judge if the circumstances of the crime are not a serious threat to the society (Holtfreter & Wattanaporn, 2014). Parole can be granted when the offender has served a certain period of time in the prison and has been released based on his good conduct (Webster & Kingston, 2014). In some cases the prisoners are sent back to prisons after release on account of repetition of criminal activities.
The early critiques reviewed the literature on female criminology and analyzed that how crime was emphasized. Ancient scholars criticized the concept of separate spheres in criminological theory and justice practices (Burruss, 2009). Separate spheres are a set of ideas that emerged during the nineteenth centuries which describes the social status of men and women in the society. According to the ideology of social spheres, men were placed in politics, workplace (public sphere) and women were placed in household activities (private sphere). The liberal feminists largely criticized the separate spheres ideology because they supported the idea of woman emancipation in both public and private spheres. According to Adler and Simon, the concept of female criminality is limited opportunities and aspirations of the female group (Genders & Player, 2014). Adler was of the view that the lifting of various restrictions on women’s behavior provided the opportunity to act like men (Hauhart, 2012). Simon on the other hand had different views; she emphasized the involvement of women in property crimes and their equal opportunities in workplace (Follett, 2009). In this regard, modern authors have doubt regarding the ideology of equality for both men and women and whether the justice system would be interested in treating the criminal activities of both men and women in similar ways (Bernburg, Krohn, & Rivera, 2006). During the early years greater attention was given to women victims who were survivors of men’s physical violence (Cohen & Felson, 1979). The physical violence of men towards women was not a new concept to the history of crime however it was new to the feminist criminology school of thought (Crow & Smykla, 2015). In modern day with the advent of various state criminal laws, arrest and prosecution of marital rape and abuse have changed significantly (Wellsmith & Burrell, 2005). In modern world, men and women are treated equally in terms of justice system and position in the society however much emphasis is laid on the point of improving the conditions of women in prison rather than treating them with the same manner as men. The focus of the nation is that women should not be given rigorous punishments like men. The emergence of women prisons in England and the current doctrine of equality made it easier to build new facilities for women offenders by providing better alternatives to incarceration.
Conclusion:
In the history of human crime females definitely were treated fairly than men, particularly contrary to popular belief. The concept of feminist criminology was formed as a result of discrimination against the women society. It was believed that men essentially were supposed to treat women in a particularly protective manner, which really is quite significant. The court of justice during the medieval times adopted such policy and treated women offenders in a protective manner in a subtle way. According to early theories of feminism the condition of women could be improved if they really are provided for all intents and purposes better access to education and employment. The rate of women offenders can also decline in this way as economic factor literally plays an important role in determining activities of crime, which definitely is fairly significant. The modern feminists emphasized that women should literally be treated equally with men and the treatment of women prisoners will be same as men. Various theories have generally emerged in order to control the activities of crime however in the very modern world the kind of feminist criminologist actually have adopted different ideologies, sort of contrary to popular belief. The scope of such school of thought specifically is limited to the idea of treating women equally with men, which really is fairly significant. In modern scenario women are not treated equally whether in prisons or outside world.
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