Skip to main content

Law & Morality 3600:327: Group 5

Group 5 Bibliography

Is the Criminal Justice System Sexist?

Craig, Ian. "Women and Crime." Journal of the Royal Society of Medicine 87.3 (1994): 174.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=22856271&site=eds-live
The article presents women and crime. The involvement of the medical profession in the rape allegation investigation is offered.Women accused of being perpetrators and possible differences in some aspects of crime are discussed. The way in which men and women are dealt with by the criminal justice system with regards to the background of some offences are explained.

Crosby, Faye, et al. "Judgment and Prejudgment--Recognizing and Dealing with Discrimination--Anti-Semitism, Racism,--and Sexism." Women's Rights Law Reporter 12.4 (1991): 275-91.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=fmh&AN=FMH3247731078&site=eds-live
Professor Crosby discusses the psychology of prejudice. Although there has been change in overt attitudes in one generation in the U.S. about religious freedom, racial tolerance, and an end to sexism, in reality there is much to be done to improve the status of women and blacks. There is still a persistence of stereotyping and categorical thinking. We sometimes also confuse gender-fairness with gender-blindness or race-fairness with race-blindness. But if we fail to acknowledge the burdens under which some people work, we do not come up with a fair assessment of their accomplishment. Executive director of the New York State Judicial Commission on Minorities, Handy recounts how the Commission examined both the perception and the reality of racism. In the criminal justice system, minorities are over-represented in the involuntary part of the system and under-represented in the voluntary part. The commission is examining poorly maintained civil courts, juries, and the hiring of court personnel. The legal director of the Capitol area A.C.L.U., Spitzer discusses anti-Semitism in the courts. It occurs when judges don't accomodate the need to keep the Sabbath or get upset because a Jew won't take off his yarmulke. Justice Barkett addresses problems of women in the court system, specifically as examined by the Florida Gender Bias Commission. She emphasizes the necessity of judges seeing their own discriminatory acts. It is necessary to go beyond understanding discrimination in the gender or race context to recognize that when we make judgments, we may be judging by our own values and feelings and thus be discriminatory to someone else. Self-examination, open exploration of all views, and education must be constants in the life of any judge who hopes to grow in fairness. S. WHALEY. (Copyright applies to all Abstracts.).

Eliason, Michele J., Janette Y. Taylor, and Rachel Williams. "Physical Health of Women in Prison: Relationship to Oppression." Journal of Correctional Health Care 10.2 (2004): 175.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=53220413&site=eds-live
This article examines the health of women in prison, taking into account social structures such as racism, classism, sexism, and the stigma of drug addiction in their daily lives. Women are the fastest growing segment of the criminal justice system and are entering the system with far greater health problems than men, but with less access to health services. Incarcerated women are disproportionately poor women of color who have experienced years of minority stress, drug addiction, violence, and abuse. The article identifies the need for better prison health services, increased access to substance abuse treatment, and a reconsideration of current drug policy and laws. There is a critical need to create broader community-health-oriented responses to the epidemic of drug addiction in our society. Such responses extend beyond individual risk factors for disease and address wider societal issues. ABSTRACT FROM PUBLISHER]; Copyright of Journal of Correctional Health Care is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Estrich, S. "Rape." Yale Law Journal 95.6 (1986): 1087-184.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=SM107921&site=eds-live
The criminal law defines rape through the court decisions, laws, and the workings of the criminal justice system. In each area of the law, different types of rape are identified, ranging from 'real rape' involving a stranger and violence or a threat of violence to rapes involving acquaintances or no violence and in which the view of the criminal justice system is often that no crime has occurred and that the fault belongs with the woman. All these views show how the law has reflected, legitimized, and enforced a view of sex and women that celebrates male aggressiveness and punishes female passivity. For 'real rapes' involving strangers, corroboration, cross-examination, and other obstacles have been eliminated for victims. However, victims of nontraditional rapes do not fare as well. Clearer legal definitions are needed of the terms 'force,' 'threats,' and 'consent.' Consent should be defined so that 'no' means 'no.' 'Force' or 'coercion' that negates consent should be defined to include extortionate threats and deceptions of material fact. Proof will still be required for a conviction, but changing the substantive law would announce to society our condemnation of coerced and nonconsensual sex. 336 footnotes and discussions of specific cases.

Franklin, Cortney A. "Women Offenders, Disparate Treatment, and Criminal Justice: A Theoretical, Historical, and Contemporary Overview." Criminal Justice Studies: A Critical Journal of Crime, Law & Society 21.4 (2008): 341-60.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=psyh&AN=2008-18709-007&site=eds-live
Feminist scholars have criticized the mistreatment of female offenders by the criminal justice system. While current empirical research supports this proposition, a summary of existing literature is necessary to highlight patterns and themes and reiterate the importance of continuing to focus on the plight of female offenders. The current review synthesizes theoretical, historical, and contemporary feminist criminological and criminal justice literature on the gendered and disparate treatment of women offenders in criminal justice. Practical implications and policy relevant solutions are proposed as we look to the future of women and criminal justice. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (journal abstract).

Herzog, Sergio, and Shaul Oreg. "Chivalry and the Moderating Effect of Ambivalent Sexism: Individual Differences in Crime Seriousness Judgments." Law & Society Review 42.1 (2008): 45-74.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=29993807&site=eds-live
Previous studies have shown that female offenders frequently receive more lenient judgments than equivalent males. Chivalry theories argue that such leniency is the result of paternalistic, benevolent attitudes toward women, in particular toward those who fulfill stereotypical female roles. Yet to date, studies have not examined whether such leniency is indeed associated with paternalistic societal attitudes toward women. The present study goes beyond the investigation of demographics and employs Glick and Fiske's (1996) concepts of hostile and benevolent sexism. We use these concepts to highlight the role of individual differences in attitudes toward women as a key to our understanding of lenient attitudes toward female offenders. Eight hundred forty respondents from a national sample of Israeli residents evaluated the seriousness of hypothetical crime scenarios with (traditional and nontraditional) female and male offenders. As hypothesized, hostile and benevolent sexism moderate the effect of women's “traditionality” on respondents' crime seriousness judgments and on the severity of sentences assigned. ABSTRACT FROM AUTHOR]; Copyright of Law & Society Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Kelly, Theresa C., and Lana Stermac. "Underreporting in Sexual Assault: A Review of Explanatory Factors." Baltic Journal of Psychology 9.1 (2008): 30-45.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=59732961&site=eds-live
Despite the pervasive problem of sexual assault in our society, experts believe that available statistics on rape are an underestimate of the actual number of assaults committed. Researchers and clinicians have long been interested in understanding better the reasons victims are hesitant to report sexual assault and what factors may contribute to these low rates of disclosure. The following paper provides a discussion of the factors found to be related to under reporting of sexual assault. Specifically, the paper examines the literature pertaining to rape myth acceptance, the response of the criminal justice system and availability of community resources as well as situational and victim-related variables as possible contributors to the phenomena of under reporting. Although the research reviewed is specific to the North American context, the findings can also be applied internationally. ABSTRACT FROM AUTHOR]; Copyright of Baltic Journal of Psychology is the property of University of Latvia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Murphy, Wendy J. "The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System." Journal of Social Distress & the Homeless 11.1 (2001): 123-38.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=SN149915&site=eds-live
The Constitutional guarantee of procedural 'due process,' arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime victims and other third parties are often violated in criminal proceedings in the absence of even minimal respect for due process. The problem persists, in part, because the system does not provide victims with personal legal advocacy and prosecutors are neither obligated nor empowered to serve as the victim's lawyer. This lack of systematic zealous advocacy for victims produces harmful common law principles that depend on and perpetuate false and prejudicial notions about the credibility of rape victims, and women as a class. This article calls for the creation of public and privately supported lawyers for victims at both the trial and appellate levels of the criminal justice system in an effort to ensure respect for fundamental constitutional principles, and to identify and eradicate gender bias in the criminal common law.

Nagel, Mechthild. "Anti-Black Racism, Gender, and Abolitionist Politics." Peace Review 23.3 (2011): 304-12.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=65125595&site=eds-live
The article discusses the prevalence of racism and sexism in the U.S. criminal justice and prison administration systems. Figures are provided which show that the fastest growing prison population in the U.S. are black women and that more girls are being imprisoned than boys. Ways in which gender-responsive service can mean reform in women's prison or as a path to increasing penalties are examined. The abolitionist context of gender-responsiveness in terms of caring for girls in open healing, non-punitive areas is also discussed.

Sinden, Peter G. "Offender Gender and Perceptions of Crime Seriousness." Sociological Spectrum 1.1 (1981): 39.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edb&AN=10614612&site=eds-live
This paper examines the extent to which the sex of the offender affects people's evaluations of the crime. While the norms of the criminal justice system require equal handling, a literature review suggests the offender's sex is critical in determining differential handling and response. Some suggest females are consistently handled more leniently, while others indicate the apposite is the case. Another view contends differential response is a function of both the sex of the offender and the type of act; that is, offenders are judged more or less harshly depending on the extent their acts either violate traditional sex role morality principles or conform to sex role type-scripts. Seriousness and punishment ratings of 25 offenses were received from two groups of subjects, one that rated male offenders and the other female offenders. Ratings were compared across subgroups broken down by sex of offender as well as sex of rater. In the majority of cases offenders were evaluated equally, although some differential responses did occur and these responses are discussed. Finally, reasons for the equalitarianism are suggested. ABSTRACT FROM AUTHOR]; Copyright of Sociological Spectrum is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Whitson, Marian H. "Sexism and Sexual Harassment: Concerns of African American Women of the Christian Methodist Episcopal Church." Violence Against Women 3.4 (1997): 382-400.
http://ezproxy.uakron.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=fyh&AN=FYH3507431116&site=eds-live
This paper reports the findings of a research project that examined social issues identified by a select group of religiously active African American women. The research examines sexism and sexual harassment and its prevalence within the Christian Methodist Episcopal Church (CMEC). A total of 100 African American women from the CMEC participated in the focus group interviews. Findings suggest that the participants want the Church to acknowledge the existence of sexism and sexual harassment within is confines. Women participants perceived that their concern regarding the prevalence of sexism and sexual harassment within the Church had been subjugated in favor of those concerns more identifiable with males. Participants voiced the opinion that if the Church was indeed an agent concerned about societal issues that affect all its members, such issues should not be directed solely to the Women's Missionary Society but should be addressed at all levels of the Church. Furthermore, results from the focus group interviews suggest that women desire policy change in the Church before directing attention to policy change in the general community. Women professed the belief that because the CMEC has a hierarchical structure similar to the community and the criminal justice system, changes implemented within the Church are likely to be reflected in the behavior, attitudes, and policies of the community and the criminal justice system. (Copyright applies to all Abstracts.).