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Decline of Women in the Criminal Process: A Comparative History (From Criminal Justice History: An International Annual, Volume 15, P 235-274, 1994, Louis A Knafla, ed. -- See NCJ- 167383)

NCJ Number
167392
Author(s)
M Feeley
Date Published
1994
Length
40 pages
Annotation
This paper challenges the conventional wisdom that females have always had a low percentage of participation in the criminal process, arguing that women were once heavily involved in the criminal process until a sharp decline in the late 19th century and throughout the 20th century.
Abstract
In periods in the 17th and 18th centuries, women constituted 30-50 percent of the cases in the criminal process. By the later 19th century and throughout the 20th century, however, this figure declined to 5-15 percent. After examining why this decrease has been ignored by scholars until recently, the author reviews relevant studies that involve English data, continental European sources, and North American data. Taken together, the data show that women once constituted a much larger portion of the criminal caseload than they do today. In examining possible explanations for this pattern in female criminality, the author notes that in the period of high involvement in criminal processes, women were more involved in "productive activities" and more highly valued as economic assets, and it was also a time in which patriarchal controls were lessened. Over the course of the 19th century, however, sexual controls over women tightened. As children were removed from productive work, women were obligated to spend increasing amounts of time in childrearing duties. As women were removed from productive work, their responsibilities in the home and restrictions over their sexuality were increased. Both economic and social historians point to similar conclusions. Further research is needed to determine if the patterns suggested hold upon close inspection. 112 notes

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