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TOWARD THE LIBERATION OF THE FEMALE LAWBREAKER

NCJ Number
47324
Journal
INTERNATIONAL JOURNAL OF CRIMINOLOGY AND PENOLOGY Volume: 6 Issue: 1 Dated: (FEBRUARY 1978) Pages: 5-18
Author(s)
J A SCUTT
Date Published
1978
Length
14 pages
Annotation
FOLLOWING A BRIEF DISCUSSION OF CRIMINALITY IN GENERAL, THE IMPACT OF THE IMPROVING STATUS OF WOMEN ON FEMALE CRIMINALITY IS EXAMINED.
Abstract
ISSUES IN CRIMINOLOGY WHICH MUST BE CONSIDERED PRIOR TO A DISCUSSION OF THE POSSIBLE ASSOCIATION BETWEEN THE EMANCIPATION OF WOMEN AND INCREASES IN FEMALE CRIMINALITY INCLUDE CRIME CAUSES AND DEFINITIONS OF CRIME AND CRIMINALITY. THE MULTIPLICITY OF THEORIES OF CRIMINALITY AND TREATMENT APPROACHES SUGGESTS THAT NO SINGLE FACTOR CAN BE IDENTIFIED AS THE CAUSE OF CRIMINALITY. THERE IS ALSO CONSIDERABLE AMBIGUITY AS TO WHAT CONSTITUTES A CRIME. FOR INSTANCE, IS A MURDER TO BE CONSIDERED A CRIME IF THE MURDERER IS INSANE? SHOULD APPROACHES TO CRIMINOLOGY BE BASED ON CERTAIN SORTS OF CRIMES OR SHOULD THEY INCLUDE ALL ACTIONS LABELED CRIMINAL IN EACH SPECIFIC JURISDICTION? CHANGING SOCIAL ATTITUDES AND CONCEPTIONS OF MORALITY AS A CONSIDERATION OF WHAT CONSTITUTES A CRIME ARE PARTICULARLY RELEVANT TO YOUNG FEMALES JUDGED DELINQUENT FOR SEXUAL ACTIVITY. THEORIES OF FEMALE DIFFERENCE MUST ALSO BE TAKEN INTO ACCOUNT. IN THE PAST, WOMEN HAVE BEEN VIEWED AS LESS LIKELY TO ENGAGE IN CRIMINAL ACTIVITIES BECAUSE OF SUPPOSED MALE/FEMALE VARIANCE IN AGGRESSIVE TENDENCIES, ACCESS TO WEAPONS, ROLES AND ROLE PRESSURES, AND ACCESS TO CRIMINAL ROLE MODELS. THE GREATER PROPORTION OF BLACK WOMEN INVOLVED IN CRIME IN AMERICA MAY BE ATTRIBUTABLE TO THEIR MORE FREQUENT ROLE OF FAMILY HEAD AND BREADWINNER. IT IS POSSIBLE THAT ONE EFFECT OF LEGISLATIVE CHANGE IN THE AREA OF EQUALITY FOR WOMEN WILL BE AN INCREASE IN THE ACCURACY OF REPORTED FEMALE DELINQUENCY. WHERE PREVIOUSLY FEMALES MAY HAVE BEEN CHARGED WITH AN AMBIGUOUS OR SEX-MISDEMEANOR OFFENSE, THE ABSENCE OF SUCH DIFFERENTIATION IN MALE/FEMALE JUVENILE OFFENSES MAY REVEAL THAT MORE CRIMINAL ACTIVITIES BY FEMALES ARE SIMILAR TO THOSE WITH WHICH MALES ARE TYPICALLY CHARGED. SHOULD THERE BE WIDESPREAD ADOPTION OF EGALITARIAN ATTITUDES TOWARD MEN AND WOMEN IT CAN BE INFERRED THAT SOCIOCULTURAL CONDITIONS WOULD NO LONGER PROVIDE A BASIS FOR A DIFFERENTIAL IN THE ADOPTION OF CRIMINAL LIFESTYLES. FURTHER, AN INCREASE IN FEMALE CRIMINALITY BECOMES MORE LIKELY WITH INCREASED FEMALE SOCIOECONOMIC RESPONSIBILITIES. IT IS ALSO THEORIZED THAT FREEING OF WOMEN FROM THEIR OPPRESSED ROLES MAY RESULT IN DECREASES OF CRIMINAL ACTIVITIES SUCH AS CHILD ABUSE, INFANTICIDE, AND SHOPLIFTING. THE ADVANTAGES WHICH WOULD RESULT IN TRUE EQUALITY FOR WOMEN ARE BRIEFLY ENUMERATED, AND IT IS CONCLUDED THAT THE ADVANTAGES OF EQUALITY OUTWEIGH THE POSSIBLE COSTS OF FEMALE CRIMINALITY. THE RIGHT TO BE EQUAL MUST INCLUDE THE RIGHT TO BE EQUALLY BAD. REFERENCES AND NOTES ARE PROVIDED. (JAP)