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Seminar Paper Research
This guide is intended to direct researchers to resources on scholarly legal writing, including both legal and interdisciplinary resources.
An insight into the long-standing struggle of women in criminal justice occupations to move beyond the barriers of gender segregation is provided in this book. The authors take a close look at the organization of justice occupations along gender lines and in doing so discuss issues such as: the historical roles of women in the criminal justice system; the expansion of women′s assignments and contributions in the past 20 years; the barriers that women in justice occupations have encountered at an interpersonal, organizational, occupational and societal level; the performance of women in more responsible and onerous positions, and their response to workplace barriers; and the effect of women on the criminal justice system, victims, offenders, co-workers and the public.
Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women's protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities.
"Are men and women who are persecuted for similar crimes punished differently? If it is true, as is commonly assumed, that women are sentenced more leniently than men, does this tendency vary by class and race?" "In this book Kathleen Daly explores these issues by analyzing women's and men's cases that are routinely processed in felony courts - cases of homicide, aggravated assault, robbery, larceny, and drug offenses.
While rates of violent victimization have declined, women are still much more likely than men to be attacked by an intimate partner. Simultaneously, women's involvement in the criminal justice system, as arrestees and sentenced offenders, is increasing. Criminologists are struggling to understand these patterns of offending and victimization and how they can be prevented.
Questions about gender, justice and crime are constantly in the public arena, whether they focus on young women getting drunk or taking drugs, or the rising numbers of women going to prison or committing violent crimes, or reports of macho behaviour on the part of men in the military, law enforcement or professional sport. This book provides a key text for students seeking to understand feminist and gendered perspectives on criminology and criminal justice, bringing together the most innovative research and work which has taken the study of the relationship between gender and justice into the twenty-first century
THE INVISIBLE WOMAN: GENDER, CRIME, AND JUSTICE is the definitive guide for the women and the criminal justice system course. The textbook covers topics ranging from female offenders to female victims. of crime to female employees of the criminal justice system.
What is it about crime that makes it `men's work'? Can we imagine masculinity without crime? This is the first book of its kind to bring contributors from three continents together to examine the relationship between masculinity and crime. Covering such areas as policing, prisons, violence against women, homicide, white-collar crime, and male victimisation, this book will force us to rethink many aspects of masculinity and crime.
Law, Crime, and Sexuality transcends the traditional fragmentation of sociology, criminology, socio-legal studies, and feminist theory and philosophy. It enables readers to draw on aspects from each discipline and see how various themes and discussions are related. Compiled specifically for students' needs, the essays show that theory need not be too hard or too inaccessible, and help students to understand the law in conceptual terms while enabling them to become fully aware of the extent to which the law is implicated in our everyday lives.
A groundbreaking work that turns a "queer eye" on the criminal legal system, and winner of the2011 PASS (Prevention for a Safer Society) Award from the National Council on Crime and Delinquency Drawing on years of research, activism, and legal advocacy, Queer (In)Justice is a searing examination of queer experiences--as "suspects," defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes--like "gleeful gay killers," "lethal lesbians," "disease spreaders," and "deceptive gender benders"--to illustrate the punishment of queer expression, regardless of whether a crime was ever committed.
Focusing on femicide, this book provides a contemporary re-evaluation of Carol Smart's innovative approach to the law question as first outlined in her ground-breaking book, Feminism and the Power of Law(Routledge 1989). Smart advocated turning to the legal domain not so much for demanding law reforms as construing it as a site on which to contest gender and more particularly, gendered constructions of women's experiences. Over the last 30 to 40 years, feminist law scholars and activists have launched scathing trans-jurisdictional critiques of the operation of provocation defences in hundreds of femicide cases. The evidence unearthed by feminist scholars that these defences operate in profoundly sexed ways is unequivocal. Accordingly, femicide cases have become critically important sites for feminist engagement and intervention across numerous jurisdictions. Exploring an area of criminal law that was not one of Smart's own focal concerns, this book both honours and extends Smart's work by approaching femicide as a site of engagement and counter-discourse that calls into question hegemonic representations of gendered relationships. Femicide cases thus provide a way to continue the endlessly valuable discursive work Smart advocated and practised in other fields of law: both in articulating alternative accounts of gendered relationships and in challenging law's power to disqualify women's experiences of violence while privileging men's feelings and rights.
Risk assessment in corrections allows practitioners to not only predict the likelihood of success for an offender and to identify areas to target for reduced risk. Such targets are argued to be different for men and women (Bloom, Owen &
Covington, 2003). Bell examines the predictive validity of the Women's Risk/Needs Assessment on a sample of women and a sample of men. Results indicate that there are differences in the prevalence, co-occurrence, and predictive validity of risk/needs and strengths
for men and women. Results support prior studies regarding gender-neutral risk assessment for male offenders.
Gendered Justice addresses the complex questions that arise regarding female offenders and criminal justice policy. It raises serious questions about current criminal justice policy and practice that ignore gender, as well as practices that have been widely accepted by mainstream criminologists, policy makers, and practitioners, without regard for their implications for women and girls. Bloom discusses the special circumstances faced by female offenders and the ''equal treatment'' tradition that has guided criminal law and practice for the past century and has generated the phenomenon known as ''vengeful equity.''
When Susan Smith lost her two boys, her saga captivated the hearts of America. Now that she has been indicted for their murder, she has been demonized by the public. How does the fact that she is a woman influence the venom people now feel towards her crime? In Women and Crime, Frances M. Heidensohn shows that although women commit fewer crimes than men, the punishments women receive are often harsher than men's. The author highlights the crucial role of the media and popular culture and the complex, often stereotyped images of deviant women, as well as the ways in which social control is exercised over women in the family, society, and work. With a new introduction and a new final chapter, the second edition of Frances M. Heidensohn's classic text of feminist criminology also features a fully up-to-date and integrated bibliography.
Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women's involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders.
Truth-seeking mechanisms, international criminal law developments, and other forms of transitional justice have become ubiquitous in societies emerging from long years of conflict, instability, and oppression, while moving toward the direction of a post-conflict, more peaceful era. In practice, both top-down and bottom-up approaches to transitional justice are being formally and informally developed in places such as South Africa, Liberia, Peru, Chile, the Democratic Republic of Congo, Sierra Leone, Rwanda, the former Yugoslavia, and Northern Ireland.
This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur 'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.
This book explores the prosecution of wartime sexual violence in international criminal law and asks what the juridicalisation of gender-based violence signifies for women. The book explores the portrayal of the various gendered identities that surface in armed conflict and it asks whether the law is capable of reflecting these in subsequent judgements. Focusing on the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda as well as subsequent developments in the International Criminal Court, the book shows how the tribunals have delivered landmark jurisprudence in the area of sexual violence against women and provided a legacy for how gender justice is incorporated into international law. However, Daniela Nadj argues that in the relevant cases there is a tendency to depict women in monolithic fashion with little agency or sense of identity beyond their ethnicity. By bringing to the surface the complexity and multi-faceted gendered identities in wartime, the book calls for a reconceptualisation of notions of femininity in armed conflict.
This book uniquely applies securitization theory to the mass sexual violence atrocities committed during the Bosnia war and the Rwandan genocide. Examining the inherent links between rape, war and global security, Hirschauer analyses the complexities of conflict related sexual violence.
Paola Monzini's new book focuses on the experiences of migrant women and girls who have very little choice or control over their lives. They can be distinguished from those women who do work as prostitutes, with some autonomy, however limited. Rooting her analysis firmly within the context of neo-liberal globalization, Monzini views these women and girls as the new 'slaves' of the contemporary era. The annual worth of this global industry is now estimated to be in the region of USD7 billion, making it particularly attractive to organised crime networks. In China, traffickers can buy a girl for USD20-50 and sell her to a brothel in San Fransisco for USD3,000. This situation has resulted in increasing numbers of women forced to compete for work in conditions of extreme sexual exploitation, often being exposed to risky sexual practices, high levels of HIV, violence and murder. As in many other contexts, the laws of the marketplace are applied with extreme brutality.
Westward Bound debunks the myth of Canada'speaceful West and the masculine conceptions of law and violence uponwhich it rests by shifting the focus from Mounties and whisky tradersto criminal cases involving women between 1886 and 1940.Erickson's analysis of these cases shows that, rather than adesire to protect, official responses to the most intimate or violentacts betrayed an impulse to shore up the liberal order by maintainingboundaries between men and women, Native people and newcomers, andcapital and labour. Victims and accused could only hope to harnessentrenched ideas about masculinity, femininity, race, and class intheir favour. This fascinating exploration of hegemony and resistancein key contact zones draws prairie Canada into larger debates aboutlaw, colonialism, and nation building.
What happens to women whose lives are affected by human rights violations? What happens to their testimony in court or in front of a truth commission? Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Yet reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations emphasizes the necessity of a gender dimension in reparations programs to improve their handling of female victims and their families.
This book of eleven chapters and an Introduction is by and about women, the harms and crimes to which they are subjected as a result of global social processes and their efforts to take control of their own futures. The chapters explore the criminogenic and damaging consequences of the policies of the global financial institutions as well as the effects of growing economic polarisation both in pockets of the developed world and most markedly in the global south. Reflecting on this evidence, in the Introduction the editors necessarily challenge existing criminological theory by expanding and elaborating a conception of social harm that encompasses this range of problems, and exposes where new solutions derived from criminological theory are necessary.
Reparation programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes. Given that women represent a very large proportion of the victims of these conflicts and authoritarianism, it makes sense to examine whether reparation programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict. Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, this text gathers information about how past or existing reparation projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations.
While gender has become a cornerstone of the current human rights framework on violence against women (VAW), a new theoretical concept has been gaining ground and becoming increasingly visible: intersectionality. In response, this book clarifies three main aspects of the incorporation of intersectionality: it identifies the theoretical and practical implications in relation to VAW; it reveals to what extent intersectionality is incorporated in the current human rights framework on VAW; and it provides empirical evidence of the potential benefits and advantages for cases of VAW derived from the application of intersectionality.
Trafficking of human beings is a widespread practice in the modern world. It has been estimated that between 600,000 and 800,000 people, the majority of whom are women and children, are trafficked worldwide each year. The rapid growth in trafficking of human beings and its transnational nature have prompted the international community to take urgent action, and a major step was taken when the United Nations adopted the Protocol to Prevent and Suppress Trafficking in Persons, Especially Women and Children (Trafficking Protocol), attached to the United Nations Convention against Transnational Organised Crime (Organised Crime Convention) in December 2000. Yet addressing the human rights aspects of the phenomenon has proven to be difficult in practice, and so far a holistic approach which addresses wider issues surrounding the phenomenon has not been taken.
Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.
A rich examination of the neglect and abuses occurring to women in correctional facilities, Women, Incarceration, and Human Rights Violations draws upon a wealth of case studies from around the world and class action lawsuits to shed light on 'covert' abuse such as sexual or physical abuse, as well as 'overt' abuse such as the denial of medical treatment. Adopting a feminist framework, this book offers a comparative evaluation of abuse in domestic and international correctional facilities, demonstrating the extent to which women are at high risk of being sexually abused and re-victimized in the correctional system, where pregnancy and other specific medical and health issues are consistently ignored.
In the era of #metoo, a clear-eyed, sharp look at rape culture, sexual assault, harassment and violence against women--and what we can do about it. "A timely and brilliant book." (Jessica Valenti) Every seven minutes, someone in America commits a rape. And whether that's a football star, beloved celebrity, elected official, member of the clergy, or just an average Joe (or Joanna), there's probably a community eager to make excuses for that person. In Asking for It, Kate Harding combines in-depth research with a frank, no-holds-barred voice to make the case that twenty-first-century America supports rapists more effectively than it supports victims.
Violence against women is a pandemic, one that transcends the bounds of geography, race, culture, class and religion. It touches virtually every community, in virtually every corner of the globe. Too often sanctified by custom and reinforced by institutions, it thrives on widespread impunity for perpetrators in what remains a patriarchal world that is reluctant to grant women equal rights and protection from gender-based violence. This book offers a powerful testimony of the different types of gender-based violence experienced by women and girls worldwide throughout their lives, through the use of photographs, individual case studies and illustrative text.
The United States has uncritically exported its law and policy on gender violence without regard to effectiveness or cultural context, and without asking what we might learn from efforts to combat gender violence in the rest of the world. This book asks that question. Comparative Perspectiveson Gender Violence: Lessons From Efforts Worldwide documents the global scope of gender violence, from countries where the legal response is just emerging to countries with longstanding law and policy regimes.I nformed by international human rights law,
The contributors to this volume analyse the effectiveness of the due diligence standard as well as other strategies to prevent and respond to violence against women by non-state actors taking into account contemporary problems that pose threats to women's rights.
Gendered Justice takes a unique, multi-layered look at the various elements that factor into our understanding of domestic violence and how the criminal justice system handles situations of domestic violence. The book focuses primarily on the role of gender, but also considers socio-economic status and race. Illustrated with case studies throughout, the book introduces major themes, such as the social construction of gender and victimology, as well as topics such as the portrayal of intimate partner violence in the media and how it shapes our understanding of violence.
Knowing Victims explores the theme of victimhood in contemporary feminism and politics. It focuses on popular and scholarly constructions of feminism as 'victim feminism' - an ideology of passive victimhood that denies women's agency - and provides the first comprehensive analysis of the debate about this ideology which has unfolded among feminists since the 1980s. The book critically examines a movement away from the language of victimhood across a wide array of discourses, and the neoliberal replacement of the concept of structural oppression with the concept of personal responsibility.
Arguing that law must be looked at holistically, this book investigates the 'hidden gender' of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women's experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses.
In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness.
In The Victimization of Women, Michelle Meloy and Susan Miller present a balanced, comprehensive, and objective summary of the most significant research on the victimizations, violence, and victim politics that disproportionately affect women. They examine the history of violence againstwomen, the surrounding debates, the legal reforms and justice system outcomes, the related media and social-service responses, and the current science on intimate partner violence, stalking, sexual harassment, sexual assault, and rape.
This book examines the strength of laws addressing four types of violence against women rape, marital rape, domestic violence, and sexual harassment in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist.
The past fifty years are conventionally understood to have witnessed an uninterrupted expansion of sexual rights and liberties in the United States. This state-of-the-art collection tells a different story: while progress has been made in marriage equality, reproductive rights, access to birth control, and other areas, government and civil society are waging a war on stigmatized sex by means of law, surveillance, and social control. The contributors document the history and operation of sex offender registries and the criminalization of HIV, as well as highly punitive measures against sex work that do more to harm women than to combat human trafficking. They reveal that sex crimes are punished more harshly than other crimes, while new legal and administrative regulations drastically restrict who is permitted to have sex.