The Influence of Feminist Criminology on Crime and Criminal Justice

This essay delves into the contributions of feminist criminology to the understanding of crime and criminal justice. It explores how feminist perspectives have challenged traditional criminology by highlighting the gendered nature of crime, the differing pathways to crime for men and women, and...Read More

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Crime and Society
Question:
What has feminist criminology been able to tell us about crime and criminal justice that was not
understood before it was developed? How useful is this new information?

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Introduction
Feminist criminology can be described as an innovative model that is designed to focus
on women related crimes within the frameworks of feminist critique on criminology. In the past
decades there have been multiple publications regarding this subject matter with the main focus
being directed towards research and theories that highlight the gendered nature of crime. The
feminist critique of criminology includes a perspective that the path to crime often differs
between male to female. As a result, any study that utilizes sex as a fundamental explanatory
variable usually fails to illuminate the key factors that are applicable in female criminality. That
being said, female criminology offers a proper venue for scholars to place women at the center of
studies, answering various criminology issues instead of dealing with the matters using the
mainstream approach (Walklate, 2013).
Feminist research has expanded beyond just women’s studies to highly and more
traditional frameworks that have been bound by academic disciplines. Criminology has not been
left behind in such excursions. The main objective of this paper is to understand What has
feminist criminology been able to tell us about crime and criminal justice that was not
understood before it was developed. Moreover, this paper will also review some of the key
feminist concepts and their application with the various areas of crime and justice. Key areas of
intra-theoretical divergence as well as the directions for future contributions by the feminists are
also noted.
Discussion
As noted by many criminologists, thinking about gender is indistinguishably connected
with the thought of crime. Trach, et al., (2010) observed that “the prevalent fact about crime is

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that it is mostly done by males” (114-130). Moreover, when linked to the percentage of women
in the populace, they tend to be underrepresented among those found guilty for criminal
activities in England and Wales and make up a small prison population (Carrington,
Donnermeyer, & DeKeseredy, 2014). When the gender issue is analyzed within criminology and
matters of criminal justice, it conventionally highlights the challenges faced by women as legal
experts, victims or offenders, Women have been and many scholars still contend that they are
viewed as outsiders. Therefore, feminist criminology has been looking for ways that gender
could be appreciated, both femininities and masculinities. It further seeks to use the appreciation
to recognize how crime mirrors and strengthens the broader gender structure within the society
(Barberet, 2014).
Is the victim female?
One of the prevalent patterns of crime is that women tend to commit much lesser crimes
than their male counterpart. This has been the case since the earliest time of studying arrests as
well as criminal conducts between males and females. Police reports and crime data have also
been used to substantiate the fact that women have a likelihood of committing non-violent
crimes. However, this has been changing over time, and women are being arrested in much
serious crimes such as drug dealing, property crimes, among other indictable offence. However,
they are less likely to be long-term career criminals. The importance of understanding such
patterns is the fact that, the criminal justice system would have a better understanding of what
exactly is being addressed. If the objective is to mitigate various criminal activities, it would be
easy to know the most appropriate approach and meet the established goals.
Clearly, feminist criminology has had a huge influence in the idea of victimization:
establishing refuge for battered women, exposing the negative treatment of raped and sexually

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assaulted females at the hands of males as well as within the organizations of justice. Moreover.
the concept of feminist criminology has continued to demonstrate the criminal risks confronted
by females more often at the hands of male counterparts or even relatives (Letts, 2009). The
plans to fight violence against women has influenced the reputation of faceless aggressors. No
doubt, development of criminal justice policies and the acknowledgement of “the victim” had an
influence on the characterization of victims. Roughly, there has developed an idea that the needs
of all victims are met, and those needs are usually characterized as needs that arise from distress
or insufficient unformal support (Parmar, 2017). Women and the elderly are usually the most
targeted factions, though not exclusively in most cases today. The society tends to think of crime
victims as struck by tragedy, and thus attention is often been directed on those who might be
going through violence.
Sharpe, (2013) indicates that victims are usually characterized as those who are less
influential and least justified of various criminal violations (p.35). The emphasis on violence
against females as well as the needs of the ageing tend to amplify the views of the victims as in
need of a lot of help and weak. By making evident the fear of sexual violence as well as its
interconnection with the normal heterosexuality, feminists who focused on women and violence
consciously locates women’s accounts of males’ violence within female gendered experience
(Walsh, 2011). However, most of these criminologists have been accused of gendering violence
by characterizing male violence and women confrontation as an assertion of their (women)
structural susceptibility.
By depicting women as subordinates, the accusation tends to focus on the idea that
women are portrayed as victims. However, does speaking about male rape victims diminish the
conceptualized male violence against women as a gendered experience? Rogers, (2011) argues

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that women victimization is still seen as a form of weakness, and male victims must fight against
violence as an effort to maintain their masculinity (p.75-87).While the UK crime survey still
reveal that men ,particularly young males report increased levels of violent crimes, safety
guidelines are usually directed towards women. This evidence proposes that when males
encounter violence or other forms of victimization, it is men who are usually the aggressors. As a
result, many have failed to see male-to-male victimization as nothing to do with gender (Henry,
& Powell, 2015).
Race and Ethnicity
Another useful element that has been brought into the field of criminology is the idea of
race and ethnicity that it has helped with the interrogation of patriarchy with criminology study
and concepts as well as within the justice system. Patriarchy can be described as an organization
in which male masculinity exerts authority and control over women. The system leads to a
gendered hierarchy where all aspects of life are considered as masculine and thus highly valued
while those deemed as feminine are considered as less valuable. Therefore, patriarchy applies a
diversity of social regulatory policies and practices that ensure that it maintains male authority
and further ensure that women are always subordinate to men (Lauritsen, Heimer, & Lynch,
2009). In most cases patriarchy tends to intersect with other key systems that ensure that it is
reinforced as the foundation of race and crass. Thus, feminist criminology has led to increased
emphasis on the recognition of the complexities of women experiences. The feminist concept has
been introduced as a framework that would empower African American women in the context of
social justice sustained by continuous oppressions. Rivers, & Norte, (2010) indicates that black
feminist model is a new ideology of black feminism that address the survived experiences,
understanding and the exclusive positioning of African American women (p. 643-671).

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The black feminist model at its basics understand the inconsistency in women’s
experience based on intersectionality. Its further shows that being black is experienced in
different ways dependent of the social behaviors of the involved parties. As result it has been
able to centralize intersectionality and express the complexities of African American Women
(Fester, 2010). The concept of Black feminist is important due to its emphasis on the
intersectionality as well as the outcome of having certain characteristics that are at the juncture
of race and gender. This conceptual framework argues for the need to address African American
females and their experiences with racial discrimination (Hester, 2012). This provides a better
framework for a better understanding of how social identities lead to variance in social and
institutional experiences with violence and the criminal justice system.

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Existing policies and options for policy change.
The field of feminist criminology was developed in part to assist in improving the
considerations of why people commit certain misconducts. This would further ensure that the
necessary policies are enacted to reduce such crimes. It is evident that not only do females
commit lesser crimes, but they also less violent, but they also commit some misconducts that are
of less mindfulness to the concerned authorities. As a result, women have largely been ignored
until the 1970s. Some key factors such as the age of the offender at the initiation of a crime and
the policy approach for restraining criminal careers have a huge influence in determining the
onset as well as the continuity of crime. One of the most prevalent policy is the "three- strikes-
and-you're-out" legislation that have been included in the newly amended Crime bill and which
is currently being implemented in Wales.
In light to gender differences and crime prevalence, the 2017 amended crimes bill clearly
shows that the legislation is applicable to both male and females. Now, females are equally apt as
their male counterparts when offences are put in consideration irrespective of whether their
misconducts are more or less severe. Such preventive policies are necessary for a group which
are not that dangerous. Renzetti, (2013) indicates that the UK’ s sentencing criteria which are
gender neutral, appropriately consider evidence rather than signifying female as less thoughtful
in crimes but are, by law required to be treated with the weight they deserve(p.134-
145).Therefore, a policy of collective deterrence based on collective consideration of all
genders, supports the society’s notion of justice. It is imperative for the society, as it ensure that
there is no over inclusivity of males, there should be no under inclusivity of females. It is
important to note that, since most male offenders are not dangerous or repeat offenders, the new
policy, will be applicable in diverse spectrums. However, there are conflicting evidence on the

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nature as well as the scope of gender differences while treating violent offenders within the
criminal justice system. Carrington, (2013) suggests that the new bill considers violent female
offenders as less of a threat compared to their male counterparts to stand for final conviction trial
(p. 63-79.).
Other studies show no gender variation or even suggest that the system treats female
offenders more or less seriously. If such disparities still exist, they are a clear reflection of
conflict between how judges view their obligations. Some judges are often authoritarian towards
women, while others are strict, punishing females to defying their traditional commitments.
However, Studies regarding the severity of sentencing have repeatedly shown that female have a
lesser likelihood than their male counterpart to receive a prison sentencing. If women are treated
with more leniency, they are less vulnerable to get tougher sanctions. Such issues can be
understood through the Feminist pathways theory.
Feminist Pathways Model
One of the significant breakthroughs in feminist criminology has been achieved through
the feminist pathway model. In an effort to show how feminine crime is interconnected with the
life experiences of women, the concept mainly emphasizes on the fundamental traditions in
which women are placed in the society and how such identities lead them into certain criminal
lifestyles. In several articles, Barberet, (2014) has clearly pointed out how child abuse and Male-
controlled juvenile justice system tend to shape the prospects of girls, pushing them to engage in
criminal lifestyle. He contends that, unlike males, females’ initial experience with the juvenile
system are often due to status offences such as engaging in sexual activities among others. The
patriarchal double standard implies that girls that are involved in such behavior are considered as
dissolute and require assistance (Branch, Hayes-Smith, & Richards, 2011).

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It is important to note that, women have long been facing institutionalization for
involving themselves in conducts that were at most frowned in males. In fact, females suspected
to have engaged in sexual misconduct have long been dealt with more severely than either males
or females involving themselves in other criminal activities. It is such patriarchal approach to the
social control of conduct towards women that compels them into having contacts with the
juvenile justice system (Branch, Hayes-Smith, & Richards, 2011). In addition, there has been
failure to acknowledge that early sexual conducts among other minor offences are typically as a
result of exploitation within homes. Rather than intervening and positively dealing with the lives
of abused girls, society tends to react with double standard that consider such women as
immoral. By enacting severe punishment on such girls, the justice system might be limiting their
chances in life by considering them as immoral (Rader, & Haynes, 2011).
The feminist challenge in criminal law
The criminal justice system perfectly suits into Lincoln’s perspective of the government
of the people, for the people and by the people. This suits perfectly if you want to associate the
idea of “people” with the males only. Criminal law is and has been for many years a system of
rules established and enforced by males, for male and against males (Nichols, 2011). There are
counter instances but not many. The laws against prostitution, which may be sensible as a way to
safeguard women from sexual abuse is not prescribed that way. It can also be prescribed entirely
against women. The law recognizes women but further indicts those it ought to be safeguarding.
In many cases enforcement of the law does often benefits and safeguards women. However,
criminal law is developed and enforced with men in mind. Such observations ought to be
considered completely uncontroversial. Carrington, Donnermeyer, & DeKeseredy, (2014) argues

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that “the most appropriate way that one can confirm the accuracy of such matters is by simply
picturing a typical offender.” (Renzetti, 2013).
Domestic violence policies
Feminist Criminology has also opened the issues of domestic violence which has had a
venerable tradition in the criminal justice system. Luck of prosecution of abusive spouses has not
been as a result of inattention by the law enforcement agencies, but also criminal laws provided
male spouses with much more privileges to beat their wives in order to give her what was
considered as the right guidelines (Miller, & Mullins, 2017). The formal privilege of the husband
was abolished in the late 19th century, but wife buttering continued. However, it is hard to
measure its extent more precisely. Such practices often existed due to the reluctance of the law
enforcement officers while arresting wife beaters, particularly in cases that were considered as
ordinary misdemeanor assaults. Most cases of domestic violence involve dangerous attacks,
assaults with guns among other weapons (DeKeseredy, 2011)
Mandatory Arrest policies through Feminist Jurisprudence
A fundamental issue in the efforts to ensure dignity and equality for women has been
discussed in feminist literature on criminology. As a result, there has been huge efforts to
consider how various theoretical commitments or ways of refining theoretical commitments may
inform efforts to start solving much critical issues. While official studies show that gender gap
has been narrowed by policies such as “mandatory arrest”. Parmar, (2017) argues that this is as a
result of the enforcement of such net widening policies that have in turn led to increased arrests
of women and girls for behaviors that, were earlier not considered serious. By comparison before
and after the enactment of feminist criminology policies, it is evident that there have been huge

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changes on how women are treated. It has significantly contributed to the narrowing of gender
gaps (Gelsthorpe, & Worrall, 2009).
Developing Effective policies
The preceding consideration suggest that theoretically satisfying arguments won’t carry
the society much further towards effective solutions to the issues of domestic violence. Useful
responses have a higher likelihood to be complicated and elusive. Feminist criminology has
established that constructive policies that can be identified easily. First m contingent response
frameworks ought not to obscure the message that illegal actions are crimes to both males and
females and cannot be tolerated (Carrington,2013).
Every response by the criminal justice system must be structured in a manner that it
provides a clear warning to the offenders that any form of wrongdoing is not acceptable and that
any future incidents will be treated with more punitive actions. Moreover, to combat any
tendency by the law enforcement to take any form of misconduct lightly, it is important for
officers to follow guidelines that necessitate an energetic response. The policy of mandatory
arrest was encouraged by the establishment of Domestic violence policy (Harp, & Struckman,
2010). The policy has been a great vehicle for the consideration of various hierarchical
complexities of race and gender gap. Moreover, the policy goes deep into establishing avenues
for state intervention as well as the criminal justice system (Becker, & McCorkel, 2011).
The established mandatory arrest laws must be examined much further because they are
the necessary solutions that many feminist criminologists are eagerly turning. However, there are
still conflicting reports on the efficacy of deterring any form of violence. Henry, & Powell,
(2015) indicates that, “Not only has mandatory arrest increased incarceration rate for both males

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and females.” (p. 758-779.) However, arrests as a deterrent strategy clearly addresses patriarchal
justifications for state intervention.
Conclusion
What is evident is that feminist criminology has significantly contributed to policy shift
among other diverse scopes that are of a rich material. Due to feminist criminology, many
unanswered questions have been answered and the various studies that have been carried out
have assisted in changing the lives of many women as well as transforming the world of crime
studies. This paper shows that multiple feminist perspectives that have positively influenced
criminology. This essay has also discussed how modern feminist criminology has developed and
how it has made contributions for the field of criminology. Also discussed, is the relationship
between women and crime where the essay managed to show that there are numerous differences
when it comes to crime. Feminist have challenged criminology to reject androcentric thinking. In
addition, it has challenged everyone within the discipline to be more thoughtful concerning the
theoretical assumptions, the selection of techniques used and lastly the conclusions drawn from
various studies and eventually the recommended policies.

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Bibliography
Branch, K. A., Hayes-Smith, R., & Richards, T. N. (2011). Professors’ experiences with student
disclosures of sexual assault and intimate partner violence: How “helping” students can
inform teaching practices. Feminist Criminology, 6(1), 54-75.
Becker, S., & McCorkel, J. A. (2011). The gender of criminal opportunity: The impact of male
co-offenders on women’s crime. Feminist criminology, 6(2), 79-110.
Barberet, R. (2014). Women, crime and criminal justice: A global enquiry. Routledge.
Carrington, K., Donnermeyer, J. F., & DeKeseredy, W. S. (2014). Intersectionality, rural
criminology, and re-imaging the boundaries of critical criminology.
Carrington, K. (2013). Girls and violence: The case for a feminist theory of female
violence. International Journal for Crime, Justice and Social Democracy, 2(2), 63-79.
DeKeseredy, W. S. (2011). Feminist contributions to understanding woman abuse: Myths,
controversies, and realities. Aggression and Violent Behavior, 16(4), 297-302.
Fewster, S. (2010). Ladettes the new face of crime. Adelaide Advertiser, 8.
Gelsthorpe, L., & Worrall, A. (2009). Looking for trouble: A recent history of girls, young
women and youth justice. Youth justice, 9(3), 209-223.
Harp, D., & Struckman, S. (2010). The Articulation of Lynndie England to Abu Ghraib: Gender
Ideologies, War, and the Construction of Reality. Journal of Magazine & New Media
Research, 11(2).

14
Hester, M. (2012). Portrayal of women as intimate partner domestic violence
perpetrators. Violence against women, 18(9), 1067-1082.
Henry, N., & Powell, A. (2015). Embodied harms: Gender, shame, and technology-facilitated
sexual violence. Violence against women, 21(6), 758-779.
Letts, Q. (2009). The first ladette: How Germaine Greer's legacy is an entire generation of loose‐
knickered lady louts’. Daily Mail, 10.
Lauritsen, J. L., Heimer, K., & Lynch, J. P. (2009). Trends in the gender gap in violent
offending: New evidence from the National Crime Victimization
Survey. Criminology, 47(2), 361-399.
Miller, J., & Mullins, C. W. (2017). The status of feminist theories in criminology. In Taking
stock (pp. 217-249). Routledge.
Nichols, A. J. (2011). Gendered organizations: Challenges for domestic violence victim
advocates and feminist advocacy. Feminist Criminology, 6(2), 111-131.
Parmar, A. (2017). Intersectionality, British criminology and race: Are we there
yet?. Theoretical Criminology, 21(1), 35-45.
Renzetti, C. M. (2013). Feminist criminology. Routledge.
Rader, N. E., & Haynes, S. H. (2011). Gendered fear of crime socialization: An extension of
Akers’s social learning theory. Feminist Criminology, 6(4), 291-307.
Rivers, I., & Noret, N. (2010). ‘I h8 u’: findings from a five‐year study of text and email
bullying. British Educational Research Journal, 36(4), 643-671.

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Rogers, J. (2011). The pure subject of torture: Or, Lynndie England does not exist. Australian
Feminist Law Journal, 35(1), 75-87.
Sharpe, G. (2013). Offending girls: Young women and youth justice. Willan.
Trach, J., Hymel, S., Waterhouse, T. and Neale, K., 2010. Bystander responses to school
bullying: A cross-sectional investigation of grade and sex differences. Canadian journal
of school psychology, 25(1), pp.114-130.
Walklate, S. (2013). Gender, crime and criminal justice. Willan.
Walsh, A. (2011). Feminist criminology through a biosocial lens. Carolina Academic Press.