Women in the Criminal Justice System: A Gender-Responsive Approach

Introduction

There have been discussions regarding how women criminals should be handled in the criminal justice system. For instance, the punishment handed to Pieper Lewis as a 15-year-old sexual victim who killed her tormentor has raised an issue on how the incarceration of women who have committed crimes should be handled (Burt, 2022). The concern raised by scholars and other legal policymakers is that the criminal justice system gave Lewis a harsher punishment than was required and that it needed to have shown some empathy (Burt, 2022). The fact that the underage girl was punished through imprisonment rather than taking her through a rehabilitation program despite her being a sexual victim with a higher chance of having mental challenges raises a question about how the system treats women. Indeed, studies have shown that women in the criminal justice system face unique challenges compared to men, and rehabilitation programs for this demographic group would be necessary (Dodge, 1999; Franke, 2019).

Unlike punishment through imprisonment, subjecting offenders, both men and women, to rehabilitation programs could result in effective restoration into the community (Chouhy et al., 2020). Policymakers need to address the issue of rehabilitation of women criminals, address sexual stereotyping, have women in male prisons, have the right to privacy in prisons, and ensure that there is equality between sexes in prisons.

The Rehabilitation of Women Who Commit Crimes

The rehabilitation programs for women who have committed crimes must take various considerations unique to this gender group. First, studies show that most women who commit crimes have mental issues, contrary to their male counterparts (Whiting et al., 2021). Many women in the criminal justice system report the problem of having experienced sexual, mental, emotional, and physical trauma, which results in them not functioning correctly mentally (Covington, 2022). The mental challenge results in more severe problems associated with cognition, such as bipolar disorder, depression, anxiety, and post-traumatic problems. People with these challenges are more susceptible to committing offenses, and subjecting them to imprisonment provides no solution since problems will make the crime reoccur. The best solution to these mental problems and conditions is taking the female prisoners through some rehabilitation sessions, which could help mitigate the traumas and reduce crime.

The rehabilitation programs for women in prisons need to consider several factors. A good number of female convicts are mothers, and the majority of them are reported to be experiencing traumas since they are not available for their children (Thomson et al., 2020). The rehabilitation programs should be designed so that the prisons give ample time for parents to interact with their children, as it could significantly improve their mental health. The programs should also consider designing parenting classes where the females in the prisons can educate their children in non-hostile environments.

Creating an environment that allows the female convicts to practice parenting skills may result in a positive outcome for both the parents and their children. By understanding that prisons are correctional facilities and not punishment centers, the stakeholders in these facilities could design them in a manner that prioritizes rehabilitation. This rehabilitation would result in positive outcomes for the women in these correctional centers and reduce repeat crimes by convicted female criminals. The positive results could be passed over to male detention centers by implementing rehabilitation programs in female prisons.

Sexual Stereotyping

Sexual stereotyping is a prevalent issue in the female prison systems that could result in harassment, injuries, and discrimination. One of the stereotypes that affect women in prison settings is the belief that female prisoners are sexually promiscuous, often resulting in them being sexually harassed. The harassment could come from different parties, including male and female correctional officers and fellow convicts (Caravaca-Sánchez et al., 2019). Female prisoners who end up not being promiscuous and resisting advances from their fellow inmates could face stigmatization, mistreatment, or harassment. This stereotype is often wrong and based on prejudices. When non-promiscuous convicts are sexually harassed, they may develop deeper mental issues, making the prisons a lousy alternative for correcting offenders like Pieper Lewis. This problem could be solved by educating the correctional officers on the nature of the female inmates and setting up systems that limit sexual violence against the inmates.

Another stereotype that makes the prisons poor correctional centers is the belief that female convicts are not violent. This assumption is derived from the belief that female prisoners cannot be dangerous to each other, resulting in negligence and a lack of monitoring by the prison officers. This stereotype is wrong, as studies show that female inmates can be just as dangerous as male convicts (Thomson et al., 2019). Therefore, the justice system needs to set up measures to ensure that dangerous inmates are identified and secluded from others. The guards must also be made aware of the problem and encouraged to keep constant surveillance over the correctional centers. Moreover, the justice system should ensure that fewer people are imprisoned so that the prison population does not exceed the available resources.

Prisoning should be avoided where possible since the released inmates find it challenging when reintegrating back into the community due to the stereotypes set on former convicts by the members of society. People treat former inmates as promiscuous, violent, or dangerous (Niyogi, 2022). This distrust results in them finding it hard to find employment housing, thus resulting in poverty and recidivism. Therefore, prisoners who have not committed significant crimes need to be given alternative forms of correction rather than imprisonment, as it only results in poorer outcomes for the convicts.

Safety Considerations for Women in Male Correctional Facilities

The risks that women in male correctional facilities are significantly greater than those locked down in all-female prisons. The women in these male prisons face a range of risks, including abuse, harassment, and assault, either physical or sexual. The stakeholders of the prison systems should therefore ensure that unnecessary imprisonments are avoided to prevent overload in all-female prisons, resulting in prison incarceration. In the rare situations where male and female prisoners must be locked together, separate units should be set for each gender. This is because placing male inmates in the same units as female inmates increases the probability of sexual violence against females (Jones et al., 2019). Gender-specific programming when designing the correctional facility systems must also be considered as it could promote successful rehabilitation and promote the prisoner’s re-entry into the community.

Females in male correctional facilities may lack access to proper medical care designed for females. This is because women have unique needs separate from men’s and should be addressed before transferring female inmates to male detentions (Baldwin et al., 2018). The inmates must be provided with gynecological care, parental care, and other specific gender-based medications. There should also be room for honest communication between the female inmates and their guards, as this would ensure that all the unexpected challenges that could come up are addressed. Ensuring that women are only taken to male correctional facilities when necessary, using separate units for the genders, providing gender-based medical care, and encouraging open communication could ensure the successful re-entry of women back into society.

Inmate Rights to Privacy

Although inmates do not enjoy the same rights as other members of society, there are several human considerations that they must be granted. For instance, in female correctional facilities, the inmates should be provided with proper hygiene resources because it is their right and because it could make it easy for them to re-enter society. When inmates’ hygiene is not maintained, they could associate themselves with criminal activities, hindering their efforts to make them better persons. Additionally, the inmates should be provided with good environmental hygiene, which could be achieved by the guards giving them the responsibility of cleaning their living spaces. The inmates’ rights to privacy are protected by the Fourth Amendment of the US Constitution, where the prisoners are protected against unwarranted searches (Ingel et al., 2020). Therefore, the right is not absolute, and correctional officers’ role is to ensure that prisoners are granted privacy while ensuring that the facilities are secure and safe.

Conclusion

The results and objectives of incarnating women who have committed minor crimes and those who may have mental challenges have raised concerns among policymakers and scholars. The criminal justice system is harsh against these women resulting in mental challenges caused by physical, sexual, and psychological traumas. This study has suggested various methods of dealing with female criminals that will reduce recidivism. Providing rehabilitation for women in these facilities could make them mentally stable, reducing future chances of crime. Understanding and mitigating stereotyping in prisons and society could also ensure that inmates are well-guided. Finally, safety considerations and considering the inmate’s rights would result in the inmates having dignity and living in a safe environment.

References

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