Introduction
Gender-based discrimination creates significant obstacles to achieving access to justice for all in the criminal justice system. Women working in criminal justice as either correction officers, police officers, lawyers, or even judges face gender-based discrimination at their respective workplaces. The various biases that women working in policing face are due to societal constructs like gender disparities and detestable behaviours of some rogue officials. This gender bias affects how these women dispense their public administration responsibilities as they may lack enough trust and confidence to do so (Epstein & González, 2017). Two perfect instances of this gender bias are women in policing being given smaller roles, especially female police officers, and others being exposed to sexual harassment in their fieldwork or workstations (Henne & Shah, 2016). This research will outline how women working in the criminal justice system have faced various biases and how gender needs can be addressed.
Background
Gender-related prejudice within the criminal justice system has remained prevalent over the years, especially in the US, despite efforts to address the issue. There is a problem with hiring women in the system; fewer women than men work in the court system (Van Wormer & Bartollas, 2022). Women now make up 13% of police officers, significantly increasing from the 3% they did in 1970. There is a need for more women in policing, but the system has not yet struck a balance as the number of women imprisoned and incarcerated in the USA has climbed. Therefore, there is a need for more women in law enforcement. Despite the low hiring rates for women in law enforcement, those hired are subjected to sexual assaults, can be mistreated by their superiors, and may face attacks from the public because of their gender identification. Hene and Shah (2016) claim that gender-based biases have persisted forever due to the patriarchal character of male supremacy or the conventional chauvinistic society.
Thus, this was maintained in several fields, including the criminal justice system, by stressing women as a weaker social category during the 1970s. Women have experienced prejudice in the criminal justice system regarding jobs, workspaces, and decision-making. The criminal justice personnel have been subjected to violence, racism, and sexual assault, claim Epstein and González (2017). It affects their social and professional lives because some victims have gone through trauma, stress, suicide ideation, and job loss (Henne, 2017). The majority of men in the field affect how women report future instances of bias. The fact that black women and girls are more likely to experience racism than White women and girls is another concerning factor. Notably, systemic racism that has existed throughout US history has contributed to this. Most criminals, including those who work in the legal system, are not prosecuted in front of women of colour.
Rationale and Intervention
The criminal justice system’s main priority should be women’s credibility and belief. Most women are really ignored when reporting crime because of outdated social preconceptions and prejudices, particularly outdated social views that most women lie about assault or rape out of retaliation, shame, or humiliation (Van Wormer & Bartollas, 2022). The judicial system frequently fails to address less significant instances of discrimination against women adequately. As a result, the harm caused by the offender’s conduct increases (Epstein & González, 2017). In order to respond appropriately, the legal system should see crimes against women as having different behavioural patterns.
Criminology theories
The diverse roles, laypeople and professionals, processes and institutions that make up the justice system are emblematic of its complexity and scope. Numerous theoretical and methodological perspectives influence how gender experiences are shaped in the legal system (Henne, 2017). These theories focus on several topics, including the needs of female offenders, cultural structures, those of female victims, and the demands of female offenders (Henne & Shah, 2016). For instance, the liberal feminist idea asserts that women experience sexism and gender stereotypes. The primary aim of liberal feminism is to deny them equal opportunities. Liberal feminists contend that ignorance and socialization are the primary drivers of gender inequality. They do not think that social structures are intrinsically patriarchal; rather, they think that the difference between men and women will continue to close as time goes on.
Additionally, these feminists stress the advantages of women in various sectors, not just law enforcement, as they make up a sizeable portion of the wage earners in some households. Radical feminist theories are the second applicable criminology theory. Radical feminist views contend that male authority and patriarchal societal systems are to blame for gender inequality and issues related to crime against women. According to radical feminists, men frequently control and rule society and its institutions, making men the ruling class and women the subject class. The patriarchal system is what radical feminists despise, not men. Patriarchal structures constrain the sexuality, power, and authority of women. Because of patriarchy, women will suffer from male violence (Henne & Shah, 2016). Because they are a source of gender-based biases, patriarchal structures that have been put in place should be changed, according to radical feminists.
The final important theoretical position is Marxist Feminist theory. The framework discusses how social and economic arrangements still lean more toward men. Marxist feminists believe that economic issues such as capitalism and patriarchy must be addressed to address gender inequality. It reinforces the liberal paradigm of male dominance and gives women scant opportunities and power. As a result, biases, sexual violence, and accompanying trauma are more common due to male-dominated production techniques that use exploitative methods. Feminists contend that measures like paying women for childcare or housework will give what is still seen as a woman’s function an economic value and accelerate the process of achieving gender equality. In addition, eliminating capitalism and establishing communism will effectively end the problem of gender inequality.
The bias of women in policing and ways of addressing such gender needs.
The origins, motivations, and outcomes of gender discrimination and bias in the criminal justice system have been examined in several studies. Baker and Hassan’s (2020) study examines the relationship between prosecutorial discretion and gender. Four hypotheses served as the study’s foundation, and the data validated each of them. First, they discovered that taking charges does not differ based on gender. Second, they proposed that when the suspect is male, prosecutors are more likely to accept the preliminary accusations made by law enforcement. Thirdly, they discovered that expertise increases the likelihood of gendered patterns, with experienced female prosecutors accepting domestic violence and sexual defilement accusations at a higher rate than their less experienced female colleagues (Baker & Hassan, 2020). As a result, the criminal justice system’s gendered tendencies are influenced by experience. Finally, compared to their male counterparts, female prosecutors are more likely to admit charges of sexual misconduct and domestic abuse against male offenders.
They discovered that female prosecutors save their discretion for complex cases that include softer organizational rules. Female prosecutors with greater experience may also be better able to spot these situations and hence be more inclined to advocate actively. The article provides a good grasp of the bias against women in law enforcement. It demonstrates clearly how a prosecutor’s gender and level of expertise will affect how they behave in the legal system. Additionally, this explains why a criminal would select a male attorney and favour a male prosecutor over female law enforcement.
Police officers’ perceptions of women’s roles in the criminal justice system might be influenced by culture. In order to identify the root of bias in the service, Chu (2018) looked at the cultural influences on how officers in Dubai and Taiwan view the role of women in the legal system. The study aimed to determine how accepting police officers are of female spouses and bosses in the workplace. It was shown that female police officers in Dubai and Taiwan were more likely to think that women could carry out police work successfully than their male colleagues. Compared to their Taiwanese counterparts, both male and female Emirati police officers were more likely to support women’s limited role in policing. Male police officers in Dubai were less likely to be amenable to working at a unit where their supervisor was a woman than their female colleagues in both countries.
This means that if police organizations in Taiwan and the UAE create cultures that place less emphasis on masculine characteristics and more emphasis on collaborative style, male officers might break free from old gender stereotypes and become more welcoming of women who work in policing. According to radical feminist theory, the patriarchal society, institutions, and organizations are the issue; resolving them will eliminate the discrimination women experience in law enforcement. Male and female police must work together in policing. The efficacy of deployment and coherence of working relationships between male and female police officers can be improved by knowing how male officers see women’s roles in policing and how amenable they are to having women as partners. Administrations may create effective training and educational activities by thoroughly understanding their impressions from both angles.
Frequently, more women than males are fired from their positions while on probation for relatively minor offences. Police misconduct that can destroy a career early is what this is. Despite persistent appeals for diversification, women’s participation in the police service has not changed over the past three decades, according to Gaub & Holtfreter (2021). In an effort to achieve workforce diversity requirements, the authors claim that the police department is driving this trend, only to reverse any gains gained afterwards. They recruit and hire women to placate reformers, but they let them go when necessary. The authors employed gendered organizational frameworks and statistics from the New York Police Department to analyze the extent to which the NYPD arbitrarily removed women from the ranks. The research claims that women were discharged from the military at a higher rate than men for relatively minor offences.
Information on historical trends in police officer retention is included in the study paper, providing support for ongoing attempts to improve the participation of women in policing. Stakeholders can utilize this data to ensure that organizations commit to increasing women’s participation rather than making token efforts to diversify the workforce. Discrimination against women in traditionally male-dominated occupations persists in spite of the enactment of employment legislation to end the practice. If they have contributed to the topic through research, relevant stakeholders are more able to use science and support evidence-based solutions for reversing the trend.
When women work in positions of authority within the criminal justice system, they must contend with a variety of challenges, including sexual assaults. A study that examined the experiences and difficulties women face at various career levels in the criminal justice system (Helfgott et al., 2018). The authors’ analysis is helpful in bridging this gap in the body of knowledge because there hasn’t been much research on women’s experiences and career pathways in criminal justice. Their study focuses on women who work in criminal justice, including law enforcement, courts, academia, corrections, and victim services. It has 850 participants from a sample population. The authors stress that women will likely experience challenges throughout their careers because this is a male-dominated field. The authors employed a survey with 48 questions to collect data on demographic and contextual occupational experiences, recommendations, and obstacles.
According to the findings, women in the criminal justice system must cope with concerns, including sexual harassment and gender discrimination (Helfgott et al., 2018). For women to excel in this field, they must have persistence, perseverance, skilled mentors, family support, and other coping methods. It is clear from this study paper that women who work in the criminal justice system have difficulties there. The fact that men predominate in this area makes it more difficult for women who experience sexual assault and gender discrimination to deal with such issues. Such observations have implications for women who are thinking about working in the sector and those who are already there but lack the skills to deal with inclinations toward gender discrimination.
In the criminal court system, sexual assaults have become commonplace, which has led to bias against women. Unfortunately, the majority of female cops lack the knowledge necessary to recognize sexual assault, and some even have a favorable opinion of sexual assault tactics. In a study conducted by Lonsway et al. (2013), a mixed methods approach was utilized to examine the prevalence, consequences, and perception of sexual harassment in law enforcement. The authors’ initial approach was using quantitative data with a sample of 679 male and female personnel from a big law enforcement organization. A survey of 2,531 female police officers was conducted as part of the second strategy’s qualitative research to learn more about their working experiences. The study found a recurrent pattern in which individuals encountered behaviours that might be considered sexual harassment taken as a whole. Few survey participants ever made formal complaints, highlighting how the normality of such behaviour contributes to an environment of impunity. The study found that sexual harassment negatively impacts one’s ability to succeed both personally and professionally.
This study is significant because it emphasizes the need for sensitive policies and procedures that will help reduce sexual harassment incidents inside the police force and other law enforcement agencies. According to the survey, many respondents do not see sexual harassment behaviours adversely. This demonstrates the importance of training and other support services to help police officers recognize these behaviours and take necessary action, such as reporting to the appropriate agencies, before they spiral out of control and start to affect their personal and professional lives negatively.
Women working in the criminal justice system are exposed to historical sexism and institutional racism, particularly women of colour. The results of a study were compared and contrasted between male and female jail employees in terms of their perceptions of anxiety brought on by their careers as detention facility workers, as well as aspects of work satisfaction, their experiences working in detention facilities, and their level of commitment to their jobs. (1993; Lovrich & Stohr). For their examination, the researchers employed five different jail settings. The authors employed surveys that were designed using standards typically used in personnel surveys to get systematic information about employees’ opinions and workplace attitudes. The survey claims that female police officers who work in the jail division experience more stress than their male counterparts. According to the paper, these pressures are connected to the system’s historically embedded racism and sexism.
More women are employed in previously male-dominated professions like jail administration because legislation promoting equal employment and opportunity were implemented. Despite the growing need for female officers, there are still relatively few female officers in the criminal justice system as compared to male officers. Therefore, what makes this study informative is how to maximize the benefits of a varied workforce brought about by rising women’s engagement. Such data can help with attempts to ensure that correctional facilities employ a diverse workforce, such as staff development, training, and other support programs.
Due to gender stereotypes, which sometimes portray women in the criminal justice system as weak, they are frequently given smaller roles. According to sociological theories and notions about gender disparities, Warden (2017) did a study to compare the attitudes of men and women in law enforcement. The study’s hypotheses contend that police conceptions of their responsibilities, attitudes toward citizens, opinions regarding job interrogation, and interactions with coworkers are all explained by the gendered difference hypothesis. The authors acknowledge that understanding the historical prejudice, exclusion, and hostility women have experienced from peers and survivors—possibly jeopardizing job satisfaction, integration, commitment, and aspirations—requires an understanding of gendered differences in police officers’ perspectives. The author further argues that the idea that men and women have distinct goals and perspectives on interpersonal interactions supports the argument for having more women in law enforcement.
This is because they exhibit a greater commitment to helping the public, have reassuring and serene demeanours, and are compassionate and less confrontational when dealing with public members. The study concludes that professional responsibilities contribute to the lack of behavioural distinctions between police officers of the sexes. Even though some of the studies on the attitudinal dimension in the study lacked solid empirical links, the author concludes that one cannot deny the reality that gender influences performance along dimensions that were not included in this study, such as the use of force and arrest rates. The study expands on what is currently known about gendered attitudes and how they impact both men and women who work as police officers in terms of performance. Although they might approach their jobs differently than men in law enforcement, women are nonetheless more capable of fulfilling their obligations. Therefore, decisions about task assignments must be well-informed for optimal human capital.
Stereotypical approaches hinder women from working in prison facilities, as the place is viewed as ‘dangerous.’ However, stereotypes are just stereotypes and frequently, are false. These stereotypes stem from traditional cultural practices that preserved certain ‘dangerous’ jobs for men and easy ‘safe’ jobs for women. These stereotypes are refuted by a Wright and Saylor (1991) study. In order to better understand the work experience of women who desire to work in women’s prisons, the study compares the experiences of men and women who work in the government prison system. The study’s dependent variables were opinions regarding job satisfaction, workplace stress, and feeling personally productive as a jail facility employee. According to the survey, female police officers felt less secure and had higher anxiety levels at work. Female participants claimed that the jail environment was less safe for them even though they felt less risk than their male counterparts.
The women who participated in the study stated their high levels of job satisfaction, favourable opinions of their managers, and high levels of confidence in their capacity to collaborate successfully with male prisoners. The study provides information on women’s perceptions of working in male prisons and provides a forum for debunking widespread beliefs that discourage more women from enrolling in such facilities. These results will advance workplace equality in correctional facilities, which is necessary to dispel gendered misconceptions about women’s roles in male-dominated sectors. By choosing to work in the field, women, like men, are prepared to face challenges and undergo the same training that bolsters their ability to persevere and perform their duties as necessary.
It has been asserted that compared to their male colleagues, women who work in the criminal justice system are more forgiving and less willing to penalize offenders. Those who make this argument contend that it may be the cause of the gender discrimination women experience in law enforcement and that it is related to the low number of female officers hired. In a study on this assertion, Hussmann & Page (2011) argued that female police are less willing to punish offenders and are more sympathetic and pro-rehabilitative than their male counterparts. The study hypothesizes a connection between gender, how inmates are treated by prison staff, and the offence committed. The authors tested this hypothesis using 900 Minnesota correctional officers as their sample population. The study comes to the conclusion that institutional and cultural factors have a higher impact on officers’ attitudes than dispositional qualities, despite the fact that officers of both sexes may have differing perspectives on punishment and rehabilitation.
The authors argue that despite the officers’ initial sentiments, aspects specific to the correctional facility, such as the regulatory framework, occupational culture, and routine, might encourage personnel to embrace strong and positive attitudes regarding the purpose of incarceration. The jail department should note the findings of the study. This is because jail officials are the policy’s main implementers on the ground, demanding knowledge of the factors influencing their ability to perform their jobs. The study advances our knowledge of how women and lower security prisons influence police personnel of all genders’ favourable opinions of rehabilitation and criminals. The quality of rehabilitation programs, cultural standards, training procedures, and administrative incentives are a few examples of these organizational traits. The establishment of the right environment is essential to the organization’s success.
Social and systemic factors influence female officers’ involvement in tactical teams. The tactical teams perform tasks like executing dangerous arrest warrants or search warrants for dangerous persons, neutralizing or arresting mentally ill persons, and intervening in high-risk situations like a hostage, shootouts, and terrorist incidents. The agencies assign few or no women to such tactical units because of the available stereotypes, social and systemic factors, some already discussed. A descriptive study will be conducted in 2019 to look at the social and institutional elements that affect the participation of female officers in tactical teams. The author conducts interviews with female prison officers from one Canadian jurisdiction who were a part of tactical teams working within the prison complex to assess their experiences (Kakuk, 2019). According to the article, tactical duties include taking part in high-risk cell extractions, transporting high-risk offenders, and working as a team to address broad-ranging systemic problems between facilities and the community.
The author identifies the study’s systemic and sociological variables that influence female officers’ participation in tactical teams. The author employed surveys to acquire information from participants who were either active or inactive female tactical members. The study demonstrates how gender stereotypes restrict the authority of female officers and how masculine predominance impacts institutional culture. The study found that tactical teams made up of female police officers performed better than teams made up of both male and female officers. The findings of the study offer important information that advances the long-term objective of boosting gender equality. Retraining a tactical member after becoming pregnant or a parent, for example, is discriminatory because, strictly speaking, they already possess the necessary abilities from their prior training and do not require it. It might be simpler for female employees to participate in tactical team assignments and less stressful for their work-life balance to schedule “layered response” or on-call intervals, for example.
The report provides evidence-based approaches that can be applied to reduce inequality and gender disparities within correctional facilities. This fosters an environment where women are confident and empowered to pursue careers in the field. Notably, more women are needed to work in law enforcement because of so many reasons. First, they are less likely to use excessive force as compared to their male counterparts. A perfect instance is the recent incident of the murder of George Floyd. Derek Chauvin is a white male officer who killed George Floyd, an African-American man by using excessive force. Such an incident is rarely seen with female officers, creating a need for more women in policing to create a good rapport with the communities they serve. Second, women officers are skilled at addressing women-related crimes, like violence, sexual abuse, and sex-related crimes. This is because women victims feel comfortable reporting such cases to women officers as compared to male officers.
The main reason for this pattern is mostly male perpetrators assault these female victims and, thus, cannot face male officers or have lost trust in men due to the trauma. Additionally, there is a need for female officers because they can help improve police-community relations. This is because Several studies have shown that women have necessary traits that make them trustworthy partners to their communities, which helps increase the rapport between police departments and the communities they serve. Such a rapport ensures justice is served and ensures effective policing. Besides, women have superior problem-solving skills. Therefore, a diverse workforce consisting of men and women can help solve even the most mysterious crimes. Law enforcement agencies should address the gender bias in the system for effective policing.
Conclusion
Gender bias towards women has been a significant issue in the USA, particularly in the criminal justice system. Women working in the system report sexual assaults, gender discrimination, and being given smaller roles, especially in their fieldwork. This impacts policing negatively and even lessens police-community relations. A diverse workforce, that is, a balance between male and female officers, will create an effective justice system. This is because women officers have good problem-solving skills, create a good rapport with the communities, and rarely use excessive force. Therefore, law enforcement agencies need to change cultural beliefs and stereotypes and transform the patriarchal system. The agencies should also incorporate effective training programs that aim at ways of identifying and preventing gender bias.
References
Baker, D. B., & Hassan, S. (2020). Gender and prosecutorial discretion: An empirical assessment. Journal of Public Administration Research and Theory, 31(1), 73-90. https://doi.org/10.1093/jopart/muaa017
Chu, D. C. (2018). Officers’ views on women in policing: A comparison of male and female police officers in the United Arab Emirates and Taiwan. Policing: An International Journal, 41(6), 734-748. https://doi.org/10.1108/pijpsm-12-2016-0174
Epstein, R., & González, T. (2017). Gender & trauma—Somatic interventions for girls in juvenile justice: Implications for policy and practice. The Center on Poverty and Inequality, The Art of Yoga Project.
Gaub, J. E., & Holtfreter, K. (2021). Keeping the women out: A gendered organizational approach to understanding early career-ending police misconduct. Crime & Delinquency, 68(5), 892-915. https://doi.org/10.1177/0011128721999332
Helfgott, J. B., Gunnison, E., Murtagh, A., & Navejar, B. (2018). Badasses: The rise of women in criminal justice. Women & Criminal Justice, 28(4), 235-261. https://doi.org/10.1080/08974454.2018.1468296
Henne, K. (2017). Feminist criminology. The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice (pp. 587–602). Palgrave Macmillan, Cham.
Henne, K., & Shah, R. (2016). Feminist criminology and the visual. In Oxford research encyclopedia of criminology and criminal justice.
Hussemann, J. M., & Page, J. (2011). Gender diversity and the prospects for progressive prison reform. Women & Criminal Justice, 21(4), 267-289. https://doi.org/10.1080/08974454.2011.609397
Kakuk, M. (2019). Female tactical members in correctional services: “No room for women”. Women & Criminal Justice, 30(6), 407-426. https://doi.org/10.1080/08974454.2019.1576574
Lonsway, K. A., Paynich, R., & Hall, J. N. (2013). Sexual harassment in law enforcement. Police Quarterly, 16(2), 177-210. https://doi.org/10.1177/1098611113475630
Lovrich, N. P., & Stohr, M. K. (1993). Gender and jail work: Correctional policy implications of perceptual diversity in the workforce. Review of Policy Research, 12(1-2), 66-84. https://doi.org/10.1111/j.1541-1338.1993.tb00508.x
Van Wormer, K. S., & Bartollas, C. (2022). Women and the criminal justice system: Gender, race, and class. Routledge.
Worden, A. P. (2017). The attitudes of women and men in policing: Testing conventional and contemporary wisdom*. Women Police, 293-331. https://doi.org/10.4324/9781351142847-14
Wright, K. N., & Saylor, W. G. (1991). Male and female employees’ perceptions of prison work: Is there a difference? Justice Quarterly, 8(4), 505-524. https://doi.org/10.1080/07418829100091191
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