Question

1. Discuss three ways in which the criminal justice system in the U.S. reinforces gender inequality.

Answer 1

One of the ways in which the criminal justice system in the US reinforces gender inequality can be seen for example in the imprisonment system. To the general public it might appear the prison treats women and men equally when it comes to punishment, but it isn’t as so.

We’ve all heard a story or two, for example, in a domestic abuse case the male is always usually blamed regardless of the truthfulness of the situation. Sometimes it’s enough that the women claims she was maltreated, abused, threatened or injured and the man is immediately arrested without much questioning. The outcomes of these cases are usually in favor of the woman.

Thirdly, women are often the ones who are given custody of their children, even if the father is just as suitable for the role. The odds aren’t always in the women’s favour especially if they are poor or a different race. For example, in rape cases women are often scrutinized or their claims are dismissed as not being serious, or claiming she was ‘asking for it’, even worse that she was making it up in order to get back at the male for whatever reason. The situation is even worse if rape is claimed in relationships or even in marriage.

Women are now incarcerated at nearly double the rate of men in this country, yet they receive little attention in criminal justice reform measures. This population has gender-specific needs that differ from men in prison, primarily owing to the fact that they are often the primary caregivers of their children before incarceration and are disproportionately victimized by emotional, physical, and sexual abuse in their past. Instead of investing in counseling treatment for such traumatic pasts and rehabilitative treatment for substance addiction, the criminal justice system continues to detain women at extraordinary rates for primarily nonviolent drug-related offenses.