19 May 2022

367

Women in the Criminal Justice System

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Academic level: College

Paper type: Research Paper

Words: 1143

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Gender is a very substantial identity that is used as a differentiating factor between men and women. In most cases, women are subject to discrimination on the basis of gender differences. Women who get into contact with the criminal justice system tend to suffer numerous aspects under oppressive structures and beliefs that have their roots deeply stiffened in gender discrimination (Morse, 1987). Various reasons exist describing why women get offended. Maybe due to criminal offenses while others due to convictions following the violation of their rights. Women are subject to different oppressive structures that have an impact on their health emotionally, mentally and physically. Moreover, women are subject to the interlocking nature of racism, sexism, and classism following the cultural beliefs of tyranny by men as the leading gender. Furthermore, different beliefs exist that preserve several rights only for men including the right to vote, serve in leadership positions and the right to own property. Focusing on the criminal justice system, women imprisonment is characterized by different aspects that are oppressive and against the rights governing gender equality. Consequently, there is a need to focus on gender equality especially on women who come into contact with the criminal justice system.

Numerous cases have been reported of women being exposed to oppressive structures characterized by the domination of men in various sectors of the society. For instance, matters on property ownership have been dominated by males. This aspect has been rampant in developing countries where women are culturally believed to be serving under men. Furthermore, some rights that are constitutionally right have been preserved only for men (Worrall, 2002). For instance, the right to vote and leadership including serving in the jury has been directed to men. On the other hand, women tend to play roles that are less beneficial in society. For instance, women take most of the family roles including taking care of children. These aspects have been based on a social basis. Legally, women's participation in different positions in the government and the justice system has been considerably low. Research indicates that most women enter the criminal justice system with a disturbing history of physical, emotional or sexual abuse. In the United States’ criminal justice system, 85 to 90 percent of women are imprisoned with a history of sexual abuse or domestic violence. 

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In the oppressive structures confining women, sexual abuse and domestic violence have occupied the highest percentage in the criminal justice system. Moreover, women suffer discrimination in the criminal justice system and undergo different scenarios that risk their health being against gender equality rights. It should be understood that women offenders have different needs that are distinct from those of men. Women are highly exposed to victimization, physical and sexual abuse that is a great risk towards physical, mental and emotional health. In addition, women have responsibilities for children (Van Wormer & Bartollas, 2000). Numerous cases have been reported of pregnant women being shackled during labor and delivery period. This case is totally inhumane and unconstitutional since it risks the health of the mother and the newborn child as well. Furthermore, reproductive health services have been limited and in some cases being eliminated in the prisons. Some of these services include pregnancy testing, prenatal care, access to abortion services and treatment of STDs among other services. 

Moreover, women's discrimination in society has subjected them to intimate partner violence, which ends up subjecting them to emotional, physical and mental abuse. According to research from the criminal justice system, most women in the prisons have been charged with domestic violence in which men initiated the violence (Morse, 1987). Most cases have been reported where women commit murder as a way to save their lives against sexual harassment or domestic abuse. In return, the court does not consider the background of domestic violence. They end up charging murder case but does not consider the story behind the murder. Furthermore, in most societies, women are denied freedom of expression since the judicial system is men dominated. Therefore, women end up in society being subject to all sorts of abuse and oppressive structures. These instances have raised the need to create awareness of the need for gender equality (Van Wormer & Bartollas, 2000). 

In the criminal justice system, imprisonment means isolation from the society and family as a way of punishment for a crime committed. However, women extremely suffer in prison more than it should be. In addition to the history behind the committed crime, women get into prison and are subjected to an oppressive environment in the prison (Annison et. al, 2018) . Unlike men, women have responsibilities including taking care of children in prison. In the conservation of human rights and gender equality, the responsibilities for women taking care of children in the prison require better facilities including access to health care facilities. However, in most prisons, women have no access to such facilities. This has been an issue that raised different perceptions and views that suggested that it was totally unconstitutional. 

Additionally, due to emotional, sexual and mental abuse, women in prison get immersed in drug and substance abuse (Worrall, 2002). They consider drug abuse as the only option to heal their disturbed mind and emotions as well. Most women in jail have past characterized by abuse and violence that leave stitches of pain in their minds and hearts as well. Furthermore, the discrimination in the society and in the justice system worsen their state. Let’s consider a case where a woman ends up in jail for murder in an attempt of self-defense from spousal abuse. Before a woman takes the action, the violence must be worse. In addition, trying to get help from the law enforcers, women discrimination is a maj0or characteristic in the system. The only option remains taking the law into her own hands. In most cases, innocent women end up in jail due to discrimination and gender inequality in the systems (Morse, 1987).

Nevertheless, numerous approaches have been put forward to fight for the rights of women and gender equality in the preservation of human rights regardless of who you are and whether you are in jail of not. Access to health services in imprisonment especially for women has been put into consideration based on the women have more needs as compared to men (Annison et. al, 2018) . In addition, rehabilitation forums have been introduced in the criminal justice system to help women overcome emotional and mental abuse. Additionally, different campaigns have been put in place focusing on women's needs and rights in prison. For instance, Prison Reform Trust and Women in Prison are among the organizations fighting for women's rights especially those who come into contact with the criminal justice system. 

In conclusion, organizations fighting for gender equality and conservation of human rights in the prison have proposed numerous policies that have been implemented hence saving women from the oppressive structures characterized by abuse and discrimination. Additionally, networking forums have been established that involves working with women in the criminal judicial system. The network help in fighting for justice and updating policies that facilitate a conducive rehabilitative environment in prison. Furthermore, another approach to protecting women from the oppressive structures and discriminative society involve advising the ministry of justice. Ministry of justice is responsible for governing the practices carried out in the criminal justice system. Consequently, informing them of the oppressive structures affecting women who are in the criminal justice system, the ministry would consider the needs and enhance gender equality both in the criminal justice system and the society at large.

References

Annison, J., Byng, R., & Quinn, C. (2018). Women offenders: Promoting a holistic approach and continuity of care across criminal justice and health interventions.  Criminology & Criminal Justice , 1748895818773805. 

Morse, A. (1987).  Women, crime and criminal justice . Blackwell.

Van Wormer, K. S., & Bartollas, C. (2000).  Women and the criminal justice system . Boston: Allyn and Bacon.

Worrall, A. (2002).  Offending Women: Female lawbreakers and the criminal justice system . Routledge.

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StudyBounty. (2023, September 14). Women in the Criminal Justice System.
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