Gender differences in the criminal justice system

G residualer differences in the lamentable umpire formationThe Cors cardinal Report (2007) on women in the savage nicety system distinguishs that equal outcomes exact various approaches. Critic eachy consider this secernment with reference to interrogation and practice.In point to demonst cast that equal outcomes for women do require dissimilar approaches deep down the whitlow justice system, this look for intends to look at the behavioural and situational differences between feminine and male wrongdoers. It bequeath high neat the inadequate facilities available for charwomanish prison houseers. It ordain also look at the historical differences between crimes pull by males and pistillates and the growing trend of women involvement in drug offences. This essay will also examine the status of noetic wellness of women in spite of appearance the guilty justice system and explore if this issue is more preponderant amongst female offenders.Women and men be various. Equal interposition of men and women does not turn out in equal outcomes. (Corsten Report, 16 2007) correspond to Covington and Bloom (2003) numerous libber writers ingest demonstrated and documented the patriarchal nature of our society and the descriptor of ways in which the patriarchal values serve masculine demand. disrespect affirms to the contrary, masculinist epistemologies argon built upon values that promote masculine necessitate and desires, do either others invisible (Kaschak, 11 1992).Women ar often invisible in the many angles of the correctional system, and this invisibility can act as a form of vanquishion. Most prisons and institutions ar not specific to womens needs. For example, get under ones skin and baby units are limited within the prison system. The UK government website reports that in that respect are solo seven prisons within the UK that provide this service. This service may be detri noetic to a induce bonding with her child. Another final result of limited mother and baby units is that the mother and child will be separated and this may result in the child being lay with a relative, or in nigh cases the care of the state.The Criminal arbiter revaluation Northern Ireland (CJINI) highlighted inadequate run for women within the prison services in Northern Ireland. Ash House is Northern Irelands that female prison and holds up to cardinal-one women. This is situated within a predominately male prison.Covington and Bloom (2003) argue that at that place are numerous areas in which day-to-day practice in the criminal justice system ignores behavioural and situational differences between females and male offenders. Probation officers may collapse to consider the situational differences between female and male offenders. For example, proposeing a custodial sentence for a pregnant woman may render long term emotional implications for both mother and child.It is important to note that an understanding of the distinction between sex differences and sexual practice differences, are relevant to practice within the criminal justice system. consort to Covington and Bloom (2003) sex differences are biologically determined, however, gender differences are companionablely constructed. They are assigned by society and they relate to expected accessible roles.However, do crimes perpetrate by men differ from crimes move by women? The Ministry of justice statistics 2011 state that women are more likely to commit crimes much(prenominal) as shop lifting and theft, while men are more given over to violent crimes. Pat Carlen (1998 10) notes that womens imprisonment incorporates and amplifies all the anti-social modes of control that oppress women outside prison. According to Scraton and Moore (2006) what persists is the failure within the criminal justice system to accept that womens crimes are different to mens, move in different circumstances.The National Prison Survey (1992) support s the disputation that the economic, ideological and political conditions in which almost women break the law are different to those in which most men commit crime and that, therefore, they pose little of a threat to society and could be safely punished in the community. (National Prison Survey, 1992).However, some commentators claim that there is an enlarge in some violent and drug offences committed by women. According to Corsten Report (2007) contempt an increase in some violent and drugs offences by women, the nature and severe-mindedness of womens offending has not, on the whole, been getting worse and the disproportionate increase in the womens prison population over the last ten years is more likely the result of courts using storage area more frequently for women for less(prenominal)(prenominal) serious offences. The Corsten Report (2007) states the majority of female offenders have committed non-violent offences and present little risk to the public (Corsten Repor t, 16 2007)In light of the complexities involved regarding women receiving custodial sentences, should the criminal justice system be more lenient towards women? Nicolson and Bibbings (2000) claim that several penal reformers have been less concerned about whether or not gender positionors actually do affect a womans chances of receiving a custodial penalty, and more concerned to argue that, for a variety of reasons, gender esteems should shape sentencing and that women in particular should not receive prison sentences, unless their crimes meet certain criteria of dangerousness and/or seriousness.However, Nicolson and bibbing (2000) argue that the central concept implicit in this communication channel is not gender, but risk, that is, the degree of threat posed by the offender (Nicolson and Bibbing, 78 2000). If risk should be a major criterion for the pain of a custodial penalty, it is arguable that it is a criterion that should be relevant in the cases of men, as in the cases of women.Practitioners within the probation service have a duty of care to all members of society. Therefore if a woman poses a risk to society it would be considered appropriate by the probation service to recommend a custodial sentence to prevent risk and protect society.A main argument put forward in regards to differential treatment for women in the criminal justice system is based on assumptions that there are hierarchies of role worth. Women, as mothers, have especially important roles to melt in relation to the upbringing of children and that the damage done to children when their mothers are in prison is, in most cases, faraway too high a price to pay to achieve an appearance of formal equality of penalization between male and female offenders. (Nicolson and Bibbing, 80 2000)The Corsten Report (2007) claims that the home and children desexualise many womens lives. To take this away from them when it may be all that they have causes huge damage to women. Many women still define themselves and are defined by others by their role in the family. It is an important parcel in our sense of identity and self-esteem. To become a prisoner is to most become a bad mother. (Corsten Report, 20 2007) On the other hand, this argument depends on the value assigned to certain social roles. According to Nicolson and Bibbing (2000) it could evenly be applied to any categories of licker seen to perform life enhancing work or scarce skills, for example, doctors, nurses, fathers as breadwinners, all carers and various more. Therefore, this argument cannot be allowed to remain gender-specific.Hollin and Palmer (2006) state that by examining criminal statistics, it is evident that women are less likely than men to commit crime, to be involved with the criminal justice system and to serve a custodial sentence. According to the Ministry of Justice criminal statistics (2011) there were 351,150 court proceedings involving females and 1,139,135 involving males. In regards to custodial sentencing in 2011, a lower proportion of women in comparison to men, whose pre-sentence report recommended immediate detainment went on to receive this sentence (84% of women compared to 90% of men). This look into indicates that statistically, men are more likely to commit crime.The Corsten Report (2007) further analysed risk within womens role in the criminal justice system and claim that many women involved in the system present a far greater risk to themselves. They have been recognised as more profuse than spatsome. Many have a history of being subjected to serious sexual or other violent abuse. Many are themselves victims in whose favour the government is committed to rebalance the criminal justice system (Corsten Report, 17 2007).The argument highlighted by the Corsten Report (2007) is that many women in prison have suffered sexual and domestic abuse, therefore, the state should spend more time pursuance out and punishing the crimes of sexual and violence t hat are routinely committed against women, rather than punishing those women whose criminal lifestyles have often been prompted by their old experience with their criminal tormentors, who still remain unpunished for their crimes.This could have implications for social work practice. Therefore, past experiences should always been interpreted into consideration when making recommendations within a probation report. Sexual and domestic abuse may feature to a higher degree in the case of female offenders. This should be highlighted and taken into account when making recommendations.None the less, not all victims of sexual crimes are female and we also need to consider upstart people of all genders. Nicolson and Bibbing (2000) argue that recent research indicates that high proportions of young people who end up homeless, in state care or penal custody have had serious crimes committed against them by large(p)s, who will never be brought to trial. The same research suggests that these adult depredations often occasion their young victims kickoff steps into criminal trouble (Nicolson and Bibbing, 79 2000).Nicolson and Bibbing (2000) argue that recent research indicates that high proportions of young people who end up homeless, in state care or penal custody have had serious crimes committed against them by adults, who will never be brought to trial. The same research suggests that these adult depredations often occasion their young victims first steps into criminal trouble (Nicolson and Bibbing, 79 2000).Nicolson and Bibbing (2000) conclude that although this imbalance of punishment between the old and the young people does not excuse the crimes of young people who were criminally abuse in childhood by their elders, it does call into question the states right to punish them as if they were solely to blame for their actions. Therefore, the argument highlighted by the Corsten Report (20007) should not only apply to women who have had criminal offences committed ag ainst them in childhood but also men who have been in like manner abused as children.As stated previously, there has been an increase of drug related crimes among women. Drug addiction plays a huge part in all offending and this seems to be disproportionately the case with women. Around seventy per cent of women coming into custody require clinical detoxification compared with fifty per cent of men. Women often have more complex poly substance misuse. (Corsten Report, 2007 19) According to the unite Nations Office on Drugs and rimes (2008) a large subroutine of female prisoners universal are in need of treatment for substance addiction, though only a minority have access to treatment. McIvor (2004) argues that drug use amongst the most common features of women in custody in many countries. In the USA, a national survey showed that women in prison used more drugs and used them more frequently than male prisoners. (McIvor, 2004 143)It is arguable that women withdrawing from drugs a nd alcohol can be impulsive, volatile and unpredictable, leading to higher risk of self-injury. According to Moller et al (2007) the rate of both self-harm and self-inflicted deaths is substantially higher in prisons than in the community, with women being xiv times more likely than men to injure themselves while in prison.The Corsten Report (2007) supports Moller et al (2007) highlighting that in 2005, notwithstanding the small number of women in prison compared with men, fifty-six percent of all recorded incidents of self-harm occurred in the female kingdom. In the first nine months of 2006 self-harm incidents in the female estate accounted for fifty-one per cent of all incidents. Women are also more inclined(predicate) to self-harm repeatedly. Moller et als (2007) argument, backed up by the Corsten Report (2007) brings to light that self-harm in prison is a huge problem and more prevalent among women prisoners. In 2005, over half of all inmates, in the USA, in state or federal prisons and jails met criteria for classification with a amiable health problem. According to Mallach and McIvor (2013) the prison population in England and Wales contains a high prevalence of mental health problems, with one study suggesting that over ninety per cent of prisoners have one or more psychiatric disorders.The Corsten Report (2007) argues that mental health problems are far more prevalent among women in prison than in the male prison population or in the general population. Up to eighty per cent of women in prison have diagnosable mental health problems. (Corsten Report, 19 2007) Mallach and McIvor (2013) further reinforce this argument by claiming that female prisoners are considered to be more likely to experience mental health problems and to have more complex levels of mental health need.The above research may have implications for social work practice within the criminal justice system and it is important that mental health is taken into consideration when making recommendations and adequate resources for women with mental health issues should be available within the prison system if they pose a risk to society.In conclusion, this essay has demonstrated that if society wants equal outcomes for female offenders then it may require different approaches within the criminal justice system. The behavioural and situational differences dictate different approaches are required. This is exemplified in the case of pregnant women who require specific needs and special consideration, as this can have implications for society as a whole. On the other hand, the judicial protection of women could be seen as an ideological front for patriarchy, in that traditional roles are reinforced within society.historic research indicates that womens offences differ from mens. None the less, there is a growing trend for women to be involved with drug offences. The Carsten Report (2007) has highlighted that mental health problems are far more prevalent among women in prison than in the male prison population. This may be due to the fact that many women in prison have suffered sexual and domestic abuse. This highlights that women are still oppressed within society and that the criminal justice system has failed to recognise this issue. The prison system is also more geared to the needs of male offenders and offers inadequate resources to female offenders.Corston Report. (2007) A review of women with particular vulnerabilities in theCriminal justice system. London Crown Publication.Covington, S and Bloom, B. 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ABC-CLIOCriminal Justice Inspection Northern Ireland Report on an announced inspection of Ash House, Hydebank woodwind instrument Womens Prison. 18 22 February 2013Ministry of Justice. (2011) Statistics of Women and the Criminal Justice System. https//www.gov.uk/life-in-prison/pregnancy-and-childcare-in-prison Accessed 18/12/2013 20361