No government system can fully be indiscriminate against two groups, and this is true in our legal system’s final destination: prison. In prison, the two binary genders face unique and distinct problems that the other gender may not face. While they both face different issues the biggest ones each faces leads to increased likelihood of recidivism, or going back to prison. The issues that the genders face in prison is noticeable, with considerable differences between men and women, yet there does not seem to be a consensus of whether or not these problems warrant change.
In prison, women face two major problems: drug abuse and mental health issues. Drug abuse issues exist in prison; since most of the sentencing that goes on in America is drug user-related, it is only logical that the problem of drug abuse and drug users would be concentrated in prison. A statistic from the American Psychology Association claims that, “75 percent of women met the criteria for substance abuse problems,” (Clark). This is a problem in prison hospitals and trained staff are lacking in order to help women with their drug addictions,
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Statistics put together by the American Psychology Association state that, “73 percent of women in state prisons and 75 percent in jails have mental health problems, compared with 55 percent and 63 percent of men, respectively,” (Clark). This means that three quarters of women have mental health problems. This is a problem since most of these problems go either undertreated or untreated. When these women get out of prison, they cannot successfully integrate back into society due to mental illness and then end up back in the prison system as they are likely to
It would be impossible to understand women’s imprisonment without looking back to its history. During the sixteenth century English jails were in awful conditions, there was no segregation of inmates. Men, women, children, the mentally ill, physically sick, the serious offenders and the petty offenders were all housed in the same place (Moynahan and Stuart, Pg. 4). Slavery and the Colonial Penal System were a period when America was being colonized; an era when not only the rules of religious and secular beliefs rule, but also of the rules of slavery. Blacks were being sold to slavery.
She acknowledges that living in prison is not an easy life and it can sometimes be brutal. She experiences women inmates be sexually abuse, be humiliated, and treated poorly by guards. The author
More people get incarcerated for non-violent crimes and crimes caused by mental illnesses or drug abuse (Webb, 2009) and because these people get put in regular prisons, instead of in mental health facilities or facilities to help against drug addiction, where they could be treated to further prevent crimes driven by their illness (Webb, 2009), the prisons get overfilled and cannot hold the more ‘important’ prisoners that needed to be locked away from the public. A strong link of the criminal justice process is that the system tries to keep it fair for everyone. Every defendant has the right to an attorney so they can be defended properly and fairly and “Only judges who are adequately informed about a case can effectively control the proceedings and examine evidence” (Tochilovsky, 2002) It is also important for the criminal justice system that those involved show discretion and although this is not always the case, discretion by the judges, police, etc.
I. Gender Disparity Guidelines and Data In the context of gender disparity in criminal sentencing, some may think that having said that criminal courts are more lenient on women is just one’s opinion. In fact, a lot of researches and data suggest that there is a strong different in gender in the sentencing outcomes. Men are sentenced to longer prison terms than women. Men are 42% more likely to be sentenced to prison.
Introduction According to Dowden & Andrews (1999), since 2010, there has been a growing concern over the increasing rate of incarceration for women: an alarming rate of 3.4 percent annually. Some experts like Kruttschnitt (2010) explain that the growth of incarcerated women population is due mainly to two major factors; one contributor to this phenomenon is the war on drugs. As politicians are passing more aggressive anti-drug policies and as police are cracking down on drug offenders, increasing amounts of women are being caught with illegal substances. The second reason is the the switch from indeterminate sentencing to determinate sentencing which is forcing women to stay in prison for longer than is necessary.
People of all different races and ethnicities are locked behind bars because they have been convicted of committing a crime and they are paying for the consequences. When looking at the racial composition of a prison in the United States, it does not mimic the population. This is because some races and ethnicities are over represented in the correctional system in the U.S. (Walker, Spohn, & DeLone, 2018). According Walker et al. (2018), African-Americans/Blacks make up less than fifteen percent of the U.S. population, while this race has around thirty-seven percent of the population in the correctional system today.
Women of color are the most targeted, prosecuted, and imprisoned women in the country and rapidly increasing their population within the prison systems. According to Nicholas Freudenberg, 11 out of every 1000 women will end up incarcerated in their lifetime, the average age being 35, while only five of them are white, 15 are Latinas, and 36 are black. These two groups alone make up 70 percent of women in prison, an astonishing rate compared to the low percentage comprise of within the entire female population in the country (1895). Most of their offenses are non-violent, but drug related, and often these women come from oppressive and violent backgrounds, where many of their struggles occurred directly within the home and from their own family.
Provide training to all prison staff on mental health issues. Training should reinforce staff understanding of mental disorders, raise awareness on human rights, challenge stigmatizing attitudes and encourage mental health promotion for guards and inmates. In addition, prison health workers need more specialized skills to identify and manage the prisoners’ mental health. According to HM Prison Probation & Service (2018), prison staff ‘keep those sentenced to prison in custody, helping them lead law-abiding and useful lives, both while they are in prison and after they are released.’ It believes that prison staff will play a huge part in the life of an offender, helping them to learn and develop new skills (HM Prison Probation & Service,
The shift is attributed to the unexpected clinical needs of this new outpatient population, the inability of community mental health centers to meet these needs, and the changes in mental health laws (Pollack & Feldman, 2003). Thousands of mentally ill people flowing in and out of the nation 's jails and prisons. In many cases, it has placed the mentally ill right back where they started locked up in facilities, but these jail and prison facilities are ill-equipped to properly treat and help them. In 2006 the Bureau of Justice Statistics estimated that there were; 705,600 mentally ill inmates in state prisons, 78,000 in federal prisons, and
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.
This preconceived notion could not be farther from the truth. In reality, these reform movements are idiotically placing a bandaid over the tremendous issue that the prison system is. An imbalance of reforms between women and men, unrestrained sexual abuse in women’s prisons, and tyrannical gender roles are just three of countless examples of how prison reform movements only create more misfortune and fail to provide any real solution to worsening prison conditions. Perhaps instead of conjuring up additional ideas on how to reform prisons, America’s so-called democratic society should agree upon abolishing prisons as a whole. This being said, it is crucial to identify ongoing issues in today’s society, understand how they contribute to unlawful behavior, and seek a solution.
There are many indicators of the huge impact in disparities in sentencing women as compared to men and more so when it revolves around minorities ( race and class). Though there are lower crime rates among women as compared to men, there are significant disparities which tend to show favouritism to women. Research has shown that men get 63 per cent longer custodial sentences than women. In addition, it is twice more likely to have women get non custodial sentences even after conviction. However, as mentioned the disparities are more profound when issues of race and class are intertwined in the sentencing.
Female inmates were quitting their prison rehabilitation programs because of fear for retribution or having their sentences increased if they did not submit to continued acts with the male guards. In addition, women are subject to strip searches and could
Multicultural Issues In CJ Final Project: Gender Inequality In The Criminal Justice System Everyone knows about the women's rights movement that took place between 1848 and 1920. But anyone that is not naive knows that men and women are still not seen as equal in today’s society.
According to research by Sonja Starr, a professor of law at the University of Michigan, “females are twice as likely to avoid incarceration (Starr 5).” In addition, Starr's research found that of those who are sentenced to incarceration, “men receive sentences that are approximately 34% longer (Starr 5).” The conviction and sentencing disparities between female and male offenders is due to a multitude of reasons which include the perceived notion that women are the primary caregivers of children, gender bias and discrimination on all levels of the justice system, and statistical evidence that suggests females are less dangerous than male offenders. Women are often viewed as the primary caregivers of children; a view that may encourage prosecutors, judges, and juries to reduce or eliminate prison sentences as a mother's absence may be detrimental to their children (Starr 14). Although some research has shown there is little to no difference in sentencing leniency toward women who are married or