9. Gender, crime and justice Introduction/key assumptions on gender and crime 1. Official crime statistics show that males are four times more likely to commit crimes than females. Males are more likely to be repeat offenders, have longer criminal careers and commit more serious crimes such as, violence, sexual assaults and murder. However, women are involved in all types of crime, especially property offences such as shoplifting and female crime is rising. 2. Self-report study data shows that males are more likely to offend than females (2.5 times more likely). 3. Female crime has largely been neglected by most sociological theories of crime and deviance. Radical feminists such as Heidensohn (1986) suggest this is because of the domination of sociology by men. The result is that crime issues relating to social class, age and ethnicity have been at the centre of most sociological theories of deviance. Explaining women’s underrepresentation in crime statistics Explaining the lack of female offending Response to OCS Functionalists and radical feminist explanations largely accept ocs and believe that females are less criminally inclined than male (are not under-represented in ocs). Postmodernism - masculinity and crime Carlen (1988) – feminist control theory - rejection of class and gender ‘deals’. Social constructionists abandon attempts to offer causal explanations of female crime and deviance. Instead they examine the social processes that lead certain women to be underrepresented and men over-represented in official crime statistics. Female crime (e.g. shoplifting and prostitution) is less likely to be reported. Chivalry thesis (theory) – male dominated criminal justice system is biased in favour of women. Female criminals are treated more leniently. For example, they are less likely to be charged, convicted or punished than males. Empirical evaluation Use any of the other theories that look at female crime on the LT to argue against. Radical feminists - control theory Carlen, Adler and postmodernist feminists largely reject official crime statistics. They believe females are under-represented in the statistics and attempt to explain in causal terms recent rises in female criminality. The New Right support Cohen. They claim the absence of male role models in single parent families leads boys turning to criminal street gangs for status and identity. Radical feminists such as Heidensohn (1986) claim that women’s lower crime rates can be explained in terms of patriarchy. She claims that both in the private sphere (family) and public sphere (street, work, leisure) men exert power and social control over women. Heidensohn argues that the consequence of this is that women have fewer opportunities to commit crime and acts of deviance. For example, many women (wives and daughters) find themselves confined to the home carrying out domestic and childcare tasks and so have limited chances to engage in street crime or white collar occupational crime. Women are also controlled in public places by the fear of male sexual violence against them. Empirical evaluation Radical feminist theories have been questioned on empirical grounds. Media research into violent women would seem to suggest that violent crime is in fact a significant and growing problem amongst females, e.g. girl gangs and female domestic abusers. This suggests that the validity of radical feminist ideas have to be questioned. Theoretical evaluation Use any of the other theories that look at female crime on the LT to argue against. Response to official crime statistics Social construction approaches reject official crime statistics, seeing them as invalid (females under-represented in ocs). The extent of crime and deviance by gender is socially constructed New Right Gender and victimisation Functionalist sex role theory Functionalists such as Parsons (1955) maintain that males and females are socialised differently. For example, they suggest that females are socialised to be caring, compassionate, sensitive and sympathetic (often picked up from the ‘expressive role performed by females in the domestic division of labour) and are therefore less likely to commit crime, especially violent crime. On the other hand men are more likely to commit crime as they are often socialised to be tough, risk taking and aggressive (often picked up by rejecting the ‘expressive feminine role’ of their mothers). Cohen (1955) argues males lack of an ‘expressive’ role model leads them to turn to all male street subcultures as a source of masculine identity – where status is earned through toughness, risk taking and delinquency. Why do men commit crime? Response to OCS Theoretical evaluation Explaining female criminality Social construction theories have gained empirical support. The Ministry of Justice (2009) found that females were more likely to receive cautions from the police than males and Hedderman and Hough (1994) claim that female offenders are far less likely than male offenders to receive a custodial sentence for nearly all serious offences. This suggests there is some validity in social construction ideas. Social construction explanations have been questioned on empirical grounds. Farrington and Morris (1984) dispute the chivalry thesis. They found that in cases of theft, magistrates did not treat women more leniently than men. Walklate (1998) has found the criminal justice system to be patriarchal and biased against women. For example, in r*pe cases female victims often feel like they are on trial rather than the male offenders. This suggests that the validity of social construction ideas have to be questioned. Theoretical evaluation Use any of the other theories that look at female crime on the LT to argue against.. Explains working class female crime in terms of a rejection of ‘class and gender deals’ (‘deals’ are the perceived rewards/controls which prevent working class women from offending). Rejection of class deal (the promise of rewards for legitimate work) – unable to earn a decent living working. Crime is seen as a rational way of escaping poverty and feelings of social injustice. Rejection of gender deal (promise of rewards from a conventional family role) – physical and sexual abuse in families, time in care etc. leads many working class women to mistrust oppressive patriarchal families. Crime again becomes a rational choice - a way out for powerless women. Theoretical evaluation Postmodern feminists Messerschmidt (1993) argues that crime is a way for males to achieve and express their masculinity. White working class youths – demonstrate oppositional masculinity inside and outside of school – toughness, sexist, anti-school. Black working class youths – engage in gang violence to express masculinity. Turn to street robbery to achieve a subordinated masculinity. White-middle class youths – accommodating/conformist masculinity in schools and oppositional outside e.g. drinking and vandalism. May turn to white-collar crime as adults to accomplish hegemonic (dominant) masculinity. Winlow (2001) found that the expansion of the ‘night time economy’ (pubs, bars and clubs) gave ‘bouncers’ in Sunderland the opportunity to demonstrate their masculinity. Use any of the other theories that look at female crime on the LT to argue against.. Bouncers achieved this through having paid work (in an area of de-industrialisation/high unemployment following globalisation), violence, organised crime e.g. drug dealing, protection rackets and looking big e.g. bodybuilding to maintain their ‘hard’ reputation. Adler (1975) claims that as women have become liberated (freed) from patriarchy, female crime has increased and diversified (wider range of crimes committed e.g. armed robbery, violence, fraud). For example, she suggests that the rise in female white-collar crime is linked to the increase in female participation in the workplace. She also claims female street crime has increased as illegitimate opportunity structures have become less patriarchal. Postmodern feminists claim that the increase in female aggressive behaviour is linked to shifting gender roles e.g. more risk taking, more competitive. Empirical evaluation Tara Young’s (2010) research into girl gangs lends partial support to the liberation thesis. She found that although girl gangs in the traditional sense of a male gang are rare in London (indicating that the illegitimate opportunity structure has not fully opened up) there are plenty of girl only groups which engage in a wide range of deviant and anti-social behaviour. The liberation thesis has been questioned on empirical grounds. Chesney-Lind (1997) points out that most female criminals are working class – the group least likely to be influenced by women’s liberation. This suggests that the validity of Adler’s ideas have to be questioned. Globalistaion given rise to de-industrialisation (decline of manufacturing industries) and unemployment. Some unemployed males turn to violent street gangs as a way of gaining back their masculinity – ‘gangsta’s’ - ‘guns, women treated as ‘bitches’ etc. Naffine (1987) supports Carlen’s idea that crime is linked to poverty. She claims changes in global economies have given rise to a ‘pink-collar ghetto’ of insecure, low wage, part time jobs. She suggests that women employed in the ‘pink-collar ghetto’ engage in petty crime because of economic necessity (poverty). The liberation thesis Radical feminists such as Kelly (1988) claim that women’s greater risk of domestic violence and sexual assaults is the result of patriarchy. They claim that such violent crimes are the product of male power and control in families and society at large. For example, domestic violence is seen as an act that men commit against women who reject or resist their domestic role. Radical feminists also highlight that such experiences impact a great deal all women’s lives. For example, women fear crime more than men and as a consequence adopt various avoidance behaviours, such as not going out alone at night, dressing down. Empirical evaluation Radical feminist ideas have gained empirical support. Dobash & Dobash (1979) support the view that domestic violence is a product of patriarchal marriage relationships. They found that domestic violence was often triggered by a husband’s perception that his wife was challenging his authority or not carrying out her domestic ‘duties’. This suggests there is some validity in radical feminist ideas. Radical feminist ideas have been questioned on empirical grounds. Wilkinson (1996) believes domestic violence is the result of the stresses that go with social inequality rather than patriarchy. For example, insecure jobs, living on a low income and in overcrowded housing. This suggests that the validity of radical feminist ideas have to be questioned. Theoretical evaluation Left realism Left realists argue that by focusing on masculinity the underlying structural causes of male crime are ignored – marginalisation, relative deprivation and subcultures. Biological explanations Biological theorists reject social explanations for gender differences in violent offending. They favour instead hormonal explanations such as high levels of testosterone in males. Victim surveys show that men are more likely to be victims of violent crime than females. Females are more likely to be victims of domestic violence and sexual assaults than males. Theoretical evaluation Use any of the other theories that look at female crime on the LT to argue against.. In conclusion female crime is a genuine problem in postmodern or late modern societies which requires causal explanation. Postmodern feminist explain address the causes well in terms of changing gender roles and the interaction of gender and social class. It can further be concluded that although radical feminist ideas on gender and offending seem dated, their observations and explanations of domestic violence and sexual violence remain significant today. Sample questions 1a) Examine the value of the ‘chivalry thesis’ in understanding gender differences in crime (12 marks). 1a) Examine the relationship between gender and victimisation (12 marks). 1b) Using material from Item A and elsewhere, assess the claim that female crime is under-represented in official statistics (21 marks). 1b) Using material from Item A and elsewhere, assess the contribution of feminist perspectives to a sociological understanding of crime and deviance (21 marks). Further reading Pages 100-109 Webb R et al. (2009) AQA A2 level Sociology, Napier press. Pages 191-198 Pilkington and Yeo (2006) Sociology in Focus for AQA A2 level, Causeway Press.