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Marxist Feminism - Implications for Criminal Justice (From Criminal Justice System and Women, P 465-483, 1982, Barbara R Price and Natalie J Sokoloff, ed. - See NCJ-88349)

NCJ Number
88358
Author(s)
N H Rafter; E M Natalizia
Date Published
1982
Length
19 pages
Annotation
The authors examine the contradictions of capitalism and the needs of women involved in the criminal justice system, and propose reforms that would also be steps toward more revolutionary forms of sexual and economic equality.
Abstract
Sexism is not mere prejudice but a function of capitalism. While the ultimate implication of Marxist feminism is revolution, Marxists must also address the pressing problems of working class women through efforts to improve the present criminal justice system. The legal apparatus within a capitalist society oppresses women through its paternalism and almost total failure to respond to issues of concern to women. However, it could advance the equality of women through adopting the Equal Rights Amendment, affirmative action, and removing status offense jurisdiction from the juvenile courts. A Marxist feminist approach to criminology could gather more data on female criminality, research the social contexts of crime by women and punishment for female offenders, and investigate the attitudes of criminal justice personnel toward women. To combat the victimization of women -- rape, incest, wife abuse, sexual harassment, and prostitution -- an alternative system would undertake a massive commitment to the female victim, enact legal reforms, and demythologize the nuclear family. Radical criminology would shift the legal system's focus from individual deviance to systematic oppression and exploitation. This would benefit women offenders who engage in petty property crimes or crimes that violate traditional concepts of the female role. To help incarcerated women, Marxist feminism would replace the old goal of rehabilitation with one of empowerment that seeks to increase the offender's power over her own life. Finally, a reformed society must offer equal access to jobs of all types and at all levels within the criminal justice field, particularly for working class women. The article includes 59 footnotes.

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