Gender (Crime & Deviance)

A2 AQA Sociology

1. Gender Crime and Deviance

2. Gender Patterns in Crime In general, most crimes seem to be committed by males. Heidensohn says “gender differences are perhaps the most significant feature of recorded crime”. Official statistics have interesting findings… 4 out of 5 convicted are males At 40 years old, 9% of females had convictions compared to 32% of males There is a higher proportion of females than males convicted of property offences and more males are convicted of violent/sexual offences Males are most likely to repeat offend, have longer criminal careers and commit more serious crimes

3. The 3 Important Questions Official statistics raise 3 important questions… Do women really commit fewer crimes, or are the figures invalid? How do we explain why those women who do offend commit crime? Why do males commit more crimes than females?

4. Do W omen Commit More Crime? Are official statistics invalid? Some sociologists argue they underestimate the amount of female as against main offending. Two arguments have been put forward in support of this view… Typically, female crimes are less likely to be reported Women’s crimes are less likely to be prosecuted or severely punished

5. The Chivalry Thesis This thesis argues most criminal justice agents are men - who are socialised to act in a ‘chivalrous’ (lenient) way towards women. Pollak argues men have a protective attitude towards women so they hate accusing, arresting or prosecuting them. Therefore, women’s crimes are less likely to be in official statistics, suggesting they are invalid.

6. This Theory has been Debated… Graham and Bowling found although males were more likely to offend, the difference was smaller than that recorded in the official statistics. Males were 2.33 times more likely to admit to an offence in the past year but the official statistics claim this figure is 4x Flood-Page et al found while only 1 in 11 female self-reported offender had been cautioned/prosecuted, the figures for males were 1 in 7. This suggests women are more likely to be cautioned than prosecuted The Ministry of Justice found 49% of females recorded as offending received a caution compared to 30% of males Hood’s study of 3,000 defendants found women were one-third less likely to be jailed in similar cases

7. Evidence Against the Thesis Farrington and Morris’ study of sentencing of theft found women weren’t sentenced more leniently Buckle and Farrington witnessed 2x more male shoplifters, but official statistics suggest this figure is equal. Are female shoplifters more likely to be prosecuted? Box concluded women who commit serious offences are not treated more favourably . Also, the lower rate of prosecutions of females compared with their self-reported offending may be less as the crimes they commit are less serious. Also, they could show more remorse and so only get a caution

8. Bias Against Women Feminists think the criminal justice system is bias against women, Heidensohn argues courts treats females more harshly than males when they deviate from gender norms: Double standards  such as punishing females and not males for premature/promiscuous sex Stewart found magistrates perceptions of female defendants’ characters were based on stereotypical gender roles. If they don’t conform to accepted standards of monogamous heterosexuality and motherhood, they are punished more harshly

9. Bias Against Women Carlen puts forward an argument that when females are jailed, it is less for the “seriousness of their crime and more according to the courts assessment of them as wives, mothers and daughters”. She says you are less likely to get a sentence is you live a ‘conventional life’. For example, Scottish judges are more likely to jail women whose children are in care. These double standards exist as the criminal justice system is patriarchal and this is evident particularly in rape cases. Walklate argues in rape cases it isn’t the defendant who is on trial since she has to prove her respectability in order to have her evidence accepted. Alder says women who are deemed to lack responsibility (e.g. single parents) found it difficult to have their testimony believed by the courts.

10. Explaining Female Crime Women in general commit less crime. But, how do we explain the behaviour of those who do commit crime? Lombroso and Ferrero argue there are very few “born female criminals”. Other biological arguments are men have a higher testosterone level. But, sociologists believe social factors are the cause of gender differences in crime. There are three main explanations… Functionalist sex role theory Patriarchal control theory Liberation thesis

11. Sex Role theory Parsons argues the gender difference is due to the gender roles in the nuclear family. Women doing the expressive role gave girls a role model but it meant boys rejected feminine models of behaviour. Instead, they would distance themselves by engaging in compensatory compulsive masculinity through aggression which could slip over into delinquency. Men play less of a socialising role so socialisation could be more difficult for boys. Cohen says this lack of a male role model means boys could turn to all male street gangs as a source of masculine identity. New Right theorists believe they then commit crime to gain status.

12. Criticisms Walklate criticises this theory for it’s biological assumptions. She says that Parsons assumes that Parsons assumes that because women can bear children, they are best suited to the expressive role. She argues this theory is ultimately based on biological assumptions about sex differences.

13. Patriarchal Control Heidesohn argues the most striking thing is how conformist women’s behaviour is. This is because patriarchal society imposes greater control over women which reduces their opportunities to offend. Heindensohn says women are controlled… At home In public At work

14. At Home W omen’s domestic role imposes severe restrictions on their time and movement which confines them to the house for long periods of time. This reduces their opportunities to offend. If women reject their role, men could resort to domestic violence. Dobash and Dobash showed many domestic violence cases are due to men not being happy with women’s domestic duty. They a found men also control women through their financial power, restricting their leisure time and therefore their time outside of the house. Daughters are also subject to patriarchy. They are less likely (than sons) to stay out late or come and go as they please. Consequently, they develop a ‘bedroom culture’ and socialise at home with friends and not in public. Also, the requirements for them to do more housework means they have less opportunities to commit deviant acts.

15. In Public T hey are controlled by the fear or threat of male violence against them. The Islington Crime survey found 54% of women avoided going out at night in case of crime, compared to 14% of men. Heidensohn notes that sensationalist media reporting of rapes adds to women’s fear. The media’s distorted portrayal of rapists frightens women into staying indoors. In addition, they are controlled by the fear of being defined as not respectable. Inappropriate dress (for example) could gain them a ‘reputation’. As a result, women may avoid going in pubs (typical sites of criminal behaviour) so as to avoid being called sexually ‘loose’. Lees also notes that in schools, boys keep control through sexualised verbal abuse (i.e. ‘slags’)

16. At Work They are controlled by male supervisors and managers. Sexual harassment keeps women ‘in their place’. Furthermore, their subordinate position reduces their opportunities to engage in major criminal activity at work. The ‘glass ceiling’ prevents women from reaching senior positions so they can’t commit fraud. (You may remember the glass ceiling from AS Education!). However, Heidensohn also recognises patriarchy can push women into crime. For example, poor women could resort to theft or prostitution.

17. Patriarchal Control: Class & Gender Deals Carlen interviewed 39 15-46 year olds working class women who had been convicted of a range of crimes. 20 were in custody or prison. This firstly showed that most convicted females (of serious offences) are working class. Hirschi argues humans act rationally and are controlled by being offered a ‘deal’ – rewards in return for conforming to social norms. If rewards are greater than risks, people turn to crime. Carlen notes working class women are offered two types of deal Class Deal Gender Deal

18. Class Deal Women who work will be offered material rewards, with a decent standard of living and leisure opportunities. In Carlen’s study: 32 of the women had always been in poverty Qualifications gained in jail didn’t help any get a job upon release Most had problems when claiming benefits So, there is nothing to lose by resorting crime as it is the best way to escape poverty.

19. Gender Deal Patriarchal ideology promises women material and emotional rewards from family life by conforming to the norms of a conventional domestic role. Not many of the women in the study had the opportunity to make the deal and few saw rewards in family life. Some had been physically/sexual abuse Over half had spent time in care Those leaving, running away from care often ended up homeless, unemployed or poor

20. Many women reached the conclusion that “crime was the only route to a decent standard of living. They had nothing to lose and everything to gain”. Carlen concludes that, for these women: Poverty Being brought up in care or an oppressive family environment W ere the two main causes of their criminality. Drugs and alcohol contributed, but these stemmed from the two main factors.

21. Evaluation Heidensohn shows many patriarchal controls that stop women from deviating. Carlen shows the failure of patriarchal society to deliver the promised deals to some women removes the controls which prevents them from offending. Criticisms They see women’s behaviour as determined by external forces and so ignore free will and choice Carlen’s sample was small and unrepresentative

22. The Liberation Thesis Theoretically, if society becomes less patriarchal and more equal, women’s crime rates would be similar to men’s. T his thesis is put forward by Adler . She argues as women become more liberated from patriarchy, their crimes will become as frequent and serious as men’s. She believes changes in the structure of society have led to changes in women’s behaviour. As patriarchal controls and discrimination have lessened and opportunities in education and work have become more equal, women have begun to adopt to ‘males’ legitimate and illegitimate activities. Therefore, they no longer just commit typical ‘female crimes’ due to their greater self-confidence and assertiveness and more opportunities in the legitimate structure

23. Evidence Between the 1950s-1990s, female’s share of offences rose from 1 in 7 to 1 in 6 Adler cites studies showing rising levels of female crime in ‘male’ regarded acts There has been media talk of ‘girl gangs’. Denscombe’s study shows teenagers self-images means females are as likely as males to engage in risk taking behaviour. Females have also started adopting ‘male stances’; such as the desire to be in control and look ‘hard’.

24. Criticisms The female crime rate began rising in the 1950s, long before women’s liberation movement in the 1960s M ost female criminals are working class; the group least likely to be influenced by the liberation movement. Chesney-Lind found women doing ‘male’ crime was because of their link with prostitution (an unliberated activity) Laidler and Hunt found female gang members in the USA were expected to conform to gender roles too

25. However… This thesis does draw attention to the importance of the relationship between changes in women’s position and female offending But, Adler overestimates the extent to which women have become liberated and to which they can now engage in serious crime

26. Why Do Men Commit Crime? Feminists argue that non-feminist theories have explained all crime, rather than solely male crime. Cain says although criminologists have focused on male criminality, they haven ’ t asked what it is about being male that leads men to offend.

27. Masculinity & Crime Messerschmidt argues that masculinity is a social construct or ‘accomplishment’ and men have to constantly work at constructing and presenting their masculinity to others (some men have more resources than other men to draw upon). He says different masculinties coexist within society: Hegemonic masculinity: the most dominant, prestigious type. It is defined as work in the paid labour marker, the subordination of women, heterosexism and the driven/uncontrollable sexuality of men Subordinate masculinity: men who have no desire to accomplish the above masculinity and/or don ’ t have the resources to do so

28. Masculinity and Crime Messerschmidt sees crime and deviance as resources to accomplish masculinity. There are different forms of rule breaking to achieve masculinity which is dependent on class and ethnicity: White middle-class youths : they subordinate themselves to teachers to get middle class status ( accomodating masculinity). Outside of school, they drink and vandalise to present their masculinity White working-class youths : they have less chance of educational success so their masculinity may oppose in and out of school. It is constructed around sexist attitudes, opposing teachers’ authority and acting tough Black lower working-class youths : they have few expectations of a reasonable job and may use gang membership and violence to express their masculinity

29. Criticisms Is masculinity an explanation or description of male crime? Messerschmidt is in danger of a circular argument Not all men use crime to accomplish masculinity He over-works the masculinity concept to explain virtually all male crimes

30. Postmodernity, Masculinity & Crime A de- industrialised society means a loss in manual jobs, which working class men used to express their masculinity. There has been an expansion o the service sector (pubs etc.) so working class men have access to legal employment, lucrative criminal opportunities and the being able to express masculinity. Winlow conducted a study of Bouncers in Sunderland. Working as a bouncer gave young men paid work, the opportunity for illegal business ventures (drugs etc.) and being able to express their masculinity through violence. He notes that in modern society, there has always been a violent, conflict subculture in Sunderland, in which ‘hard men’ earned status through their violent ability. But, the absence of a professional criminal subculture meant little opportunity for a career in organised crime.

31. Bodily Capital Men must use their bodily capital (i.e. bouncers body build) to maintain their reputation and employability. Winlow notes this is to use violence, but also to be able to ‘look the part’ to discourage competitors. In other words, the signs of masculinity become an important commodity in their own right. This reflects the idea that in postmodern society, signs take on a reality of their own independent of the thing they supposedly represent. His study shows how the expression of masculinity changes with the shift to a postmodern, de- industriaised society which opens up criminal opportunities.