In a society, the weaker group would always demand that special treatment be accorded to them. This approach has always favoured an adoption of affirmative actions for the weaker persons in society. Women, if compared to men have been the weaker sex. History reveals a record of marginalization and mistreatment of women across societies. In fact, jurisdictions like Saudi Arabia in the Middle East are yet to grant women full rights and freedoms. However, this does not mean that women have always been the victims in every situation. Indeed, many situations exist that cast women as the villains in society. This paper adopts a dual approach in interrogating the topic of women in relation to criminal justice system. The paper considers women as the victims in the criminal justice system in the first limb and secondly, it tackles women as the villains in the system.
The objective of criminal justice often is the administration of justice. The administration of justice is guided by a number of principles including those of retribution, preventive, among others. It can rightly be argued that thus far, the criminal justice system has failed to tackle the interests of women. Women do suffer from a number of problems that compromise their freedoms and rights in society. The role of the criminal justice in this vein is to provide remedial solutions to their problems. However, scholars, activists and feminists have argued over time that the criminal justice system is unfavourable to women. Perhaps a suitable example lies in domestic violence. It should be noted that this form of crime tops the lists of crimes perpetrated against women.
Exactly what remedies does the justice system offer women? Unfortunately, study after study has confirmed that indeed the criminal justice system does not offer adequate assistance to the women affected by domestic violence. In addition, the flaws in the systems tend to encourage men instead of deterring them. This cases of recidivism in men are encouraged by the inefficiency of prosecution, the weak punishments meted out on guilty offenders and the fact that most cases actually go unreported. Women, therefore, continue to suffer without having avenues for remedial solutions. This sad reality is not isolated to domestic violence. Research points to the fact that women tend to be marginalised by the criminal justice system. The chances that an aggrieved female in criminal cases would get justice are almost one half of that of the men in similar situations. This could be explained by two factors. Firstly, the natural weakness of women which makes them less aggressive than men. Secondly, the possible male chauvinism that dictates the minds and characters of some workers within the justice system.
Even though women do not get one hundred percent support, it remains imperative to note that overtime women have made several gains in terms of access to justice within the criminal justice system. A thorough application of the legal mechanisms would see to it that a woman receives justice. Overall, criminal justice systems ought to undergo mutation for full adoption and application of women friendly policies that would address the concerns of women in the society. It is said justice delayed is justice denied, the women’s case offers a perfect example.
On the other hand, within the criminal justice systems, records reveal disturbing facts about women. Women not only participate in crime, but also engage in recidivism. However, the nature of crime women get involved in are way different. In addition, the consequence and the reception the women get from society compares differently to that men receive. Indeed, female adult criminals are notorious for drug and property crimes. Usually, they justify indulgence in property crimes on the grounds of economic disadvantages they experience. Naturally men tend to own more. Some men are often tempted to use their economic abilities to control and frustrate women. Such women could resort to property crime for survival. Women also abuse substances and drugs. Although no consensus has yet been reached explaining their consumption, one would want to link their indulgence in drugs to be a consequence of the familial stresses they undergo. Women are emotional compared to their male counterparts and would be stressed more during relational or familial problems. Scholars have observed that the increase in the number of women in prisons could be explained on the grounds of the expansive law enforcement that has netted in more offenders and stiffer drug sentencing laws implemented currently. As it stands, around one million female prisoners are under supervision making about seven percent of the state and federal prisons’ population in the US.
In attempting to explain the involvement of women in crime, it has been observed that women criminals often lack education beyond high school level, they have a higher chance of developing mental illnesses or suffer from HIV Aids. In addition, blacks, Hispanics and other minorities seem to contribute more women in crime that white communities in the US. Perhaps this could be explained by the fact that minority communities register more cases of poverty compared to the white community. However, criminal justice system ought to play its role in reforming these women convicts.
The situation currently casts aspersions as to the objectives of the criminal justice system. The system should be able to rehabilitate and reform criminals. However, as the system currently stands out, the women do not receive adequate rehabilitation. Instead, scholars opine that women find it difficult to adopt to the community after completion of their terms in prison. In fact, women are often financially incapable, materially disposed lacking social resources such as housing, transitional income and sustainable employment activities. This has been mentioned as a failure of the criminal justice system. In addition, the women have been reported to experience separation or breakage within the family. Usually, one adverse consequence is the loss of the child through the Adoption and Safe Families Act, which easily deprives one of her parental rights once sentenced to prison. The criminal justice system is, therefore, inefficient, costly and injurious to the women. However, one needs to appreciate that correctional processes cannot be one hundred percent effective.
Indeed, the American jurisdiction offers one of the most progressive system to the women in terms of criminal justice. One should appreciate the need by state and federal governments to address other areas of the economies and at the same time offer solutions to social and civil issues such as criminal justice.
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