The Legal Response to Women Co-offenders PDF Download
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Author: Angelina Sarah MacLellan-Muise
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The purpose of this research was to explore the personal characteristics of the women co-accused in cases involving intimate partnership dynamics (i.e., IPV/coercive control). Secondly, the study aimed to explore the statutory and judicial responses to women co-accused of culpable homicide with their intimate partner in Canada. The goal of this research is to ensure just and proportionate treatment of women in the criminal justice system. A mixed-method approach was applied. Legal databases were searched using broad search terms to find Canadian cases of women co-accused of culpable homicide with their intimate partner from 1995 to 2021. Cases for which trial and sentencing decisions were available were analyzed. Analysis included reporting on demographic data, conducting a thematic analysis, and a case study approach. The results revealed that women's involvement in co-accused cases tends to be secondary versus being equally involved or acting as the principal offender. In most cases, however, they are sentenced similarly to their co-accused. The fact that these women often are convicted of the same crime and sentenced similarly to their co-accused may be attributed to a variety of reasons, including the narrow defences available in Canadian criminal law to women in coercive relationships, the legislative treatment imposed for secondary liability, mandatory minimum sentences and the challenges judges and other legal actors have in understanding various types of coercion and their impact on women. Consistent with previous research, the thematic analysis found that these women are most likely to be perceived by the judge as a "bad" woman, followed by a "sad" woman. Only a small proportion of cases mentioned intimate partner violence between the co-accused. In these cases, the defence of duress was rejected at trial and the judges did not believe that the violence endured mitigated the culpability of these women for the purpose of sentencing. This research identified how the legal and judicial system responds to women who are co-accused of culpable homicide with their intimate partner. The findings have important implications for sentencing and law reform and highlight a need to bring the legal processes in sync with psychological factors.
Author: Elaine Gunnison
Publisher: John Wiley & Sons
ISBN: 1118793463
Category : Social Science
Languages : en
Pages : 322
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Book Description
Women, Crime, and Justice: Balancing the Scales presents a comprehensive analysis of the role of women in the criminal justice system, providing important new insight to their position as offenders, victims, and practitioners. Draws on global feminist perspectives on female offending and victimization from around the world Covers topics including criminal law, case processing, domestic violence, gay/lesbian and transgendered prisoners, cyberbullying, offender re-entry, and sex trafficking Explores issues professional women face in the criminal justice workplace, such as police culture, judicial decision-making, working in corrections facilities, and more Includes international case examples throughout, using numerous topical examples and personal narratives to stimulate students’ critical thinking and active engagement
Author: Angelina Sarah MacLellan-Muise
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The purpose of this research was to explore the personal characteristics of the women co-accused in cases involving intimate partnership dynamics (i.e., IPV/coercive control). Secondly, the study aimed to explore the statutory and judicial responses to women co-accused of culpable homicide with their intimate partner in Canada. The goal of this research is to ensure just and proportionate treatment of women in the criminal justice system. A mixed-method approach was applied. Legal databases were searched using broad search terms to find Canadian cases of women co-accused of culpable homicide with their intimate partner from 1995 to 2021. Cases for which trial and sentencing decisions were available were analyzed. Analysis included reporting on demographic data, conducting a thematic analysis, and a case study approach. The results revealed that women's involvement in co-accused cases tends to be secondary versus being equally involved or acting as the principal offender. In most cases, however, they are sentenced similarly to their co-accused. The fact that these women often are convicted of the same crime and sentenced similarly to their co-accused may be attributed to a variety of reasons, including the narrow defences available in Canadian criminal law to women in coercive relationships, the legislative treatment imposed for secondary liability, mandatory minimum sentences and the challenges judges and other legal actors have in understanding various types of coercion and their impact on women. Consistent with previous research, the thematic analysis found that these women are most likely to be perceived by the judge as a "bad" woman, followed by a "sad" woman. Only a small proportion of cases mentioned intimate partner violence between the co-accused. In these cases, the defence of duress was rejected at trial and the judges did not believe that the violence endured mitigated the culpability of these women for the purpose of sentencing. This research identified how the legal and judicial system responds to women who are co-accused of culpable homicide with their intimate partner. The findings have important implications for sentencing and law reform and highlight a need to bring the legal processes in sync with psychological factors.
Author: Charlotte Barlow
Publisher: Policy Press
ISBN: 1447330986
Category : Social Science
Languages : en
Pages : 112
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Book Description
This is the first book to study the role coercion plays as a pathway into crime for women who are arrested alongside other defendants. Drawing on court files and newspaper accounts, it analyzes four cases of women who were arrested alongside a partner and who argued in their defense that they had been coerced. Charlotte Barlow examines these cases from a feminist perspective that allows her to highlight the importance of gender expectations and gendered discourse in both the trials themselves and the way the media covered them.
Author: Brenda Russell
Publisher: Springer Nature
ISBN: 3031456858
Category : Psychology
Languages : en
Pages : 159
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Book Description
This new edition is a nuanced exploration of female involvement in various crimes—from delinquency, domestic violence, sexual assault and homicide—that resonates with the pulse of contemporary society. In an age where many events are tweeted and debated online, this book delves into the intricate ways social media portrays female offenders and how this can distort public perceptions and effect legal outcomes. Volume two includes recent research and theory examining how female perpetration is intricately related to gender roles that persist within the criminal justice system and often lead to gender disparities in treatment, criminal justice response, and sentencing and calls into question long-held beliefs and systems that might not be as impartial as they appear. The compelling nature of this volume addresses the complex relationship between trauma and offending and examines crucial subjects like partner violence homicide and the unique challenges faced by trans-women within the criminal justice system, and examines the myths associated with female offending and how that bleeds into criminal justice response. It addresses theories that provide insight into female offending and sentencing and offers ways to generate gender inclusiveness. This volume invites researchers, practitioners, and advocates for justice to join a vital conversation and develop a more informed and equitable criminal justice response.
Author: Lisa M. Carter
Publisher: Routledge
ISBN: 1351651196
Category : Law
Languages : en
Pages : 305
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Book Description
Often, research concerning the female offender is scarce. This book adds to the criminological literature on the topic of reentry for women, focusing on the barriers women face as they return to society and adjust to life after incarceration. Each chapter addresses specific issues, challenges, and obstacles affiliated with the hindrance of successful reentry processes associated with female offenders, as well as data-driven empirical studies. While corrections has often misunderstood or overlooked the needs of returning offenders, the shortcomings of the institutions have a greater impact on women than on their male counterparts, particularly regarding the occurrence of social and medical problems, especially those related to mental health and substance abuse. Female Offenders and Reentry helps criminal justice students and practitioners see the full picture when considering the challenges faced by female offenders reintegrating into society.
Author: Brenda Russell
Publisher: Springer Nature
ISBN: 3031420071
Category : Social Science
Languages : en
Pages : 167
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Book Description
This first volume of the second edition builds on the many developments made to the study of female offenders, compiling new insights and evidence-based research. With new cases such as Amber Heard and Johnny Depp, it further explores topics including the role of social media in how female offenders are portrayed, juvenile offenders, female aggression in young adults, female perpetrators of domestic violence and more. This book begins with new research on gender stereotypes, disruptive behavior, female aggression, the impact of American media and culture, and gender stereotypes and how they relate to female offending. It examines more diverse topics to include greater intersectionality of female perpetrators in terms of age, race, ethnicity, and sexual identity, and country. Additionally, it provides a comprehensive evidence-based review of the research that is valuable to researchers, practitioners, and advocates interested in equality in the criminal justice system.
Author: Emma Milne
Publisher: Palgrave Macmillan
ISBN: 9783319767734
Category : Social Science
Languages : en
Pages : 252
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Book Description
Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women’s involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research – as well as legal and policy reform – this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.
Author: Ruth T. Zaplin
Publisher: Jones & Bartlett Learning
ISBN: 9780763741150
Category : Business & Economics
Languages : en
Pages : 662
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Book Description
The number of female offenders in the United States is skyrocketing. Our "tough on crime" approach puts a female offender behind bars, but doesn't consider the factors eading to her incarceration. Female Offenders: Critical Perspectives and Effective Interventions, Second Edition proposes an alternative, one that truly addresses the needs of female offenders and the root issues connected to their maladaptive behaviors, trauma histories, and mental health problems. By focusing on these root issues, this text prepares future correctional managers and supervisors to rehabilitate and empower female offenders to reenter society in a meaningful and productive way.The Second Edition includes chapters written by experts in the field that discuss the diversity of issues facing female offenders in our culture from a variety of perspectives. Grounded in the relevant research and literature, this book blends theory with practice by presenting theories on the rehabilitation of female offenders alongside program models and effective strategies for reentry into society.
Author: Barbara R. Price
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 522
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Book Description
This volume presents a treatment of women as they affect and are affected by crime and the criminal justice system, provided through a collection of articles written by experts in various areas of study.
Author: Brenda Russell
Publisher: Springer Science & Business Media
ISBN: 1461458714
Category : Social Science
Languages : en
Pages : 202
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Book Description
Female offenders are often perceived as victims who commit crimes as a self-defense mechanism or as criminal deviants whose actions strayed from typical ‘womanly’ behavior. Such cultural norms for violence exist in our gendered society and there has been scholarly debate about how male and female offenders are perceived and how this perception leads to differential treatment in the criminal justice system. This debate is primarily based upon theories associated with stereotypes and social norms and how these prescriptive norms can influence both public and criminal justice response. Scholars in psychology, sociology, and criminology have found that female offenders are perceived differently than male offenders and this ultimately leads to differential treatment in the criminal justice system. This interdisciplinary book provides an evidence based approach of how female offenders are perceived in society and how this translates to differential treatment within the criminal justice system and explores the ramifications of such differences. Quite often perceptions of female offenders are at odds with research findings. This book will provide a comprehensive evidence-based review of the research that is valuable to laypersons, researchers, practitioners, advocates, treatment providers, lawyers, judges, and anyone interested in equality in the criminal justice system.
