This study aims to identify reasons for growth in female prison population in China and propose possible solution to the problem. One of the difficulties of this study is that little research and data is available on China’s women in prisons.
Ill
Female offenders constitute a small fraction of total number of people in China, however this number is dramatically increasing which is alarming and cannot be negotiated. According to the statistics provided by Institute for Criminal Policy Research, the percentile of female population in prisons significantly increased over last years ("China | World Prison Brief", 2016). Number of women in prisons constituted 47,100 in 2000, 77,279 in 2005, and 84,600 in 2010. For 2015 this number reached 107, 131 which is 6.5% of total prison population. If the trend will remain the same, it is predicted that only in five years, female prison population in China will be more than in United States, which is now first for this index ("Why is China's female prison population growing?", 2016). Moreover, Chinese prison statistics does not count those females who are juvenile, forced to have a drug rehabilitation or attend education camps. Considering that they constitute hundreds of thousands, the real situation with female statistics in prison is even more alarming. Study conducted by Dr. Cheng Lei, deputy director of Renmin University's Centre for Criminal Procedure and Reform, shows that prevalent crimes committed by Chinese women are non-violent, 86.96% and violent crimes constitute only 13.04% (Lei, Xiaogang, & Jianjun, 2014). Main reasons for committing violent crimes are:
domestic violence: women that have low level of education and little knowledge of their rights take violent measure with the purpose of protection;
revenge: romantic relationships, poor relationships with neighbors, etc.;
amid the violent culture: committing crimes under the influence;
Next most prevalent crime type among female population of China is drug-related and accounts for 41.88% of non-violent crimes and there are following reasons for this:
making large profits;
trafficking is easier for women due to physical and psychological characteristics;
low level of education: such women often are not aware about danger of drugs and consequences of such activities and respective punishment;
Property, sex, and occupational crimes constitute 22.32%, 4.06%, and 3.33% of crimes committed by women respectively. Overall, criminal behaviors among women seems to be the product of social and personal problems such as physical, sexual, and emotional abuse and financial difficulties.
Qualitative:
As seen from statistics one of the most prevalent crimes committed by women are drug-related. One of the consequences of drug using by women is HIV/AIDS which brings serious harm to Chinese society (Gao, 2011). In 2007, it was found that 700,000 habitats of China were HIV infected or AIDS patients. Women are main transmitters of disease as they spread it through prostitution and mother-to-child transmission.
Incarcerated women’s issues are similar to males’ such as getting accommodation or employment after release, separation from family, psychological diseases, and violence in prison. However, such issues have different impact on women (McIvor, 2004. First, despite the fact that female prison population is significantly less that male, children whose mothers are imprisoned experience disruption more heavily than children whose fathers are in prison (Siegel, 2011). According to the study conducted by Glaze and Maruschak (as cited in Siegel, 2011) 64.2% of women claimed that they cared about their children before prison and only 46.5% of men did so. Moreover, 88% of incarcerated fathers stated that their children are looked after by their mothers and only 37% of mothers reported the same about child’s father. In addition, the same study also shows that it is 2.5 times more likely that adult children of incarcerated women also commit crime. The problem is that children are indirectly punished for their parents’ faults. Children with their parents in prison have much greater risk to get depression, attention deficit hyperactivity disorder (ADHD), experience difficulty in building relationships with adults and peers, development problems, disobedience, poor academic performance, and even school dropout. Obviously, as number of women in prison increases, number of such children rises dramatically.
Another issue that imprisoned women face is loose of housing while in jail (McIvor, 2004). Difficulty with family separation and other problems that women experience in prison lead to the development of drug addiction. Violence and bullying in the form of ‘taxing’ is also widespread in female prisons. Another important problem is suicidal behavior which appears to have higher rates than amongst females in the population and usually in prisons women have a limited choice and commit suicide through hanging which is obviously more lethal.
Blame
Structural and Attitudinal
With changes in social and cultural norms and increasing crime rate as a result of economic reform the trend of illicit drug use is increasing in modern Chinese society. Since 1980 heroin replaced opiates and became dominant drug in China (Gao, 2011). According to the official report for 2009, 73.2% of drug users are heroin-users with 97,300 new users in 2010. As a result of changing society, the role of women is undergoing changes and as a result, number of women using illicit drugs is rising since 1990. In 1949, Chinese Constitutions started to protect women’s rights and put women in equality with men in political, economic, cultural, and social context. Furthermore, reform era changed female economic and social status and women now can show their sexuality, participate in social events, and find partners and husbands for themselves. According to the official statistics, in 1999 women drug users constituted about 2% of drug users in China. However, in some southwest and southeast regions this index even achieved 40%. Different studies showed that female drug users are more likely to be unemployed, single and usually after divorce, or live with partner who is drug user. Moreover, official reports reveal that drug-using females also deal with drug trafficking, stealing, and prostitution.
Obviously, current public policy does not consider consequence of creating a large number of children left without care after their mothers are convicted to jail. The issue does not relate only to the time when children’s mothers are in prison, there are unknown and most probably negative consequences on children lives in future and even when their parents return back home (Siegel, 2011). Therefore, public policy should reconsider benefit of women incarceration with respect to the direct and indirect costs associated with it. During imprisonment contact with family is also very limited ("China’s Women’s Prisons: Areas for Improvement: The Dui Hua Foundation", 2016). Women are not provided with enough time for phone calls and quality of visits is bad, for example, they are restricted with glass barriers in visiting rooms such that to avoid physical contact. Some of prisons are also located far from women’s families, friends, and communities.
Many females are victims in a sense that they suffer from physical, sexual, or emotional abuse throughout their lives. This is usually the reason for following drug/alcohol addiction and involvement in prostitution. Modern custodial prisons for women that do not consider special problems of offending women are not suitable for helping women to recover, but rather intensify difficulty of the problem even more. They do not provide day-and-night professional help and access to treatment for mentally and physically ill women not they have special educational programs. Moreover, it was reported that medical staff in prison is under-skilled and exhibit little care about ill women’s needs (Zaitzow, 2004). Existing system does not provide women help to find housing or financially rewarding work or other kind of support after they are released from jail. Women return to their previous life which obviously can lead them to re-offending.
Cure
Plan of action and effect on the ill
Minority status of women in prison and marginalization is the main point for why attention should be paid for incarcerated females (McIvor, 2004). Moreover, there are considerable differences between offending females and males (Earle, Nadin, & Jacobson, 2014). First and most notable from statistics is that majority of crimes committed by women are acquisitive and not violent. Second, manifold women are themselves victims of domestic violence and sexual abuse and often become offenders because they had to take protective measures. According to the survey conducted by Prison Reform Trust organization, more than half of imprisoned females reported to be exposed to domestic violence and one in three suffered from sexual abuse (Earle, Nadin, & Jacobson, 2014). Moreover, women more often experience poverty and have children to care about. Third, women have higher potential to self-harm and they experience twice as high mental illnesses, particularly depression and anxiety, as men do. Finally, women are more vulnerable to participate in criminal activities including drug trafficking under compulsion. Involvement in prostitution is again one of the consequence of drug addiction or violence: Prison Reform Trust study shows that 74% of incarcerated women that had been involved in prostitution reported that it was because of drugs and 26% because they had been abused.
Considering high rate of drug-related crimes committed among women including suicides custody seems to be not very appropriate, effective, and useful way to punish offending women. Women entering jails with mental health problems and drug/alcohol addiction do not get appropriate treatment and cure to improve the situation but rather develop these problems during incarceration. Overall, for drug addiction, drunkenness, and prostitution alternative treatments can become available such as special rehabilitation services providing cure, support, and education. Such center can be settled in custodial and non-custodial settings. Furthermore, one of the functionalities of such services could be identification and engagement with female drug users and provide early-preventive service to those who are not identified as drug-using offenders. Another point that should be considered is that among young girls, drug or alcohol abuse and prostitution are consequences of sexual or physical violence, therefore support centers should conduct social work to provide young victims with security and help to escape violent relationships. Such programs, projects, and services should be women specific, i.e., take into consideration female psychology and nature. This requires research and training to be conducted to understand women needs. Finally, such social centers could help women and their children with housing, education, employment advice, health facilities including mental, and drug treatment. To organize effectively such centers and achieve propose goals partnership between criminal justice and social and health centers should be established.
These female specific centers could also provide service to women with children allowing them to stay with their mothers. Special consideration should be given to breastfeeding and pregnant women as women’s physical health significantly affects the development of a newborn. It should be noted that existing Prison Law and other regulations in China make it possible for pregnant or breastfeeding women to be temporarily exempted from custody on guarantee pending trial and placed under continuous surveillance (Lei, Xiaogang, & Jianjun, 2014) for the nursing period. In case it is not possible to allow children to stay with their mothers, such social services should consider parenting needs and need of such children and provide help both to stay connected.
Another objective of women-specific centers can be preventive and supportive activities to not be involved or exit prostitution. There are a lot of young girls that are vulnerable to be exploited sexually and that become victims of human trafficking. SO, such centers can significantly reduce arrest rates for prostitutions and time that such offenders spend in prison. Such strategy was developed in Ipswich-Suffolk’s multi-agency program and provide to be economically effective as it criminal-justice’s costs decreased by 55% (Earle, Nadin, & Jacobson, 2014).
Criminal-justice should implement triage scheme such as to prosecute female individuals who committed serious crimes and make it possible for low-level offending women after suitability assessment to go through rehabilitation in local women oriented centers (Earle, Nadin, & Jacobson, 2014). This practice can be especially beneficial for young girls and those with a first offence such that to help them to improve their lives and not to aggravate by sending them to jail.
In detention centers and prisons of China, gender physical and psychological differences are neglected (Lei, Xiaogang, & Jianjun, 2014). Treatment of women in prisons should be reconsidered taking into account female nature. For example, they should have a free access to personal hygiene product including sanitary towels, hot water, and nutritional supplements especially during menstrual cycle (Lei, Xiaogang, & Jianjun, 2014). Professor Cheng Lei who is studying rising women prison population issue in China suggests to let female imprisoners to wear their own clothes and allow makeup on holidays and during visits ("China’s Women’s Prisons: Areas for Improvement: The Dui Hua Foundation", 2016). He also pointed out the importance of psychological help provided to women who suffered from domestic violence and mental illness and proposed to follow example of Shenzhen and to hire independent professional psychologists. This can prevent suicide attempts by early identification of tendency for self-harm based on history of sexual, emotional, and physical violence and trauma. Furthermore, females in prison must have an opportunity to have gynecological medical examination for sexually transmitted diseases, HIV/AIDS and respective treatment.
Another problem is that little attention is paid to arresting procedure of women who have children. During arrest children can be observers, participants, or absent (Siegel, 2011). So depending on the situation some set of instruction should be followed. If children are absent, police should ask about whether a woman has children and if yes, let her to make an arrangement to ask somebody for temporal housing and to care about them and ensure that child is not left alone. In case children are present or participants, police should wait until they leave the room and then conduct an arrest. Moreover, psychologist can have a conversation with children who appeared to be witnesses to their mother’s arrest such that to relief the stress. Again, special centers can be very efficient for such situation as they can take urgent measure for childcare.
Cost-Benefits
There are several problems associated with establishing special centers as an alternative method to punish and treat drug-related offenders. First is undoubtedly financial and failure to provide enough funding for women programs can result in that in reality, the idea will be degraded. The reason for this is that women constitute minority in prison population and therefore, budget resources tend to be spend on major male population. However, despite lack of state budgets for such programs there are social organizations, female services, agencies and programs that can establish contact with criminal justice system to organize rehabilitation activities that meet offending women’s needs. One of such programs is China National Program for Women’s Development (2011-2020) the objectives and strategies of which are in areas of women and economy, women in management, women’s education, women and health, women and the law, and women and the environment (Zhao, 2016). Such organizations are very influential at raising awareness of female offenders needs in criminal justice system.
Support and rehabilitation centers potentially can significantly reduce number of women in prisons, provide women with an opportunity not to be separated with their children, and even prevent young girls and women from getting addicted to drugs and alcohol, and become involved or exit prostitution. Moreover, creating condition for children not to be separated from their mothers when possible can positively impact their physical and mental health and their future life. Overall, such alternative to prison can provide social care for offending women and decrease the risk of reoffending.
Treatment of women in jails taking into account female nature can also be hindered by local administration that is likely to negotiate the novelties. Therefore, social organizations can try to supervise such activities to make sure that women receive appropriate treatment.
During this study it was observed that data on imprisoned women and reason for offending is lacking. Therefore, monitoring activities should be organized to make it possible to assess the effectiveness of strategies directed on improving situation with increasing women population in prisons. This also requires research and investments. Monitoring and evaluation are essential to analyze results of strategies not only in financial context, but also to improve existing practices.
Comparative Advantages Case
Female offending is mostly not as serious as men commit and custodial settings are usually not suitable for such punishment strategies. However, an increasing trend in incarcerated women cannot be ignored. Timely and professional work with the purpose to prevent, support, or cure will definitely have positive effect not only on offending women, but their children and communities. Finally, offending women should be treated differently not because they are less guilty but because they experience different issues compared to men and have different reasons to break the law. Moreover, if preventive and supportive practice will be effective for women it can in future be extended for vulnerable males.
References
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Earle, J., Nadin, R., & Jacobson, J. (2014). Programme to reduce women’s imprisonment. Prison
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Gao, H. (2011). Women and heroin addiction in China's changing society. New York:
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Lei, C., Xiaogang, L., & Jianjun, C. (2014). Research Report on the Treatment of Women
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McIvor, G. (2004). Women who offend. London: New York, N.Y.
Siegel, J. (2011). Disrupted childhoods. Piscataway: Rutgers University Press.
Why is China's female prison population growing? - BBC News. (2016). BBC News. Retrieved 3
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