Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

Substance Use and Intimate Violence Among Incarcerated Males

The purpose of this study was to examine substance use patterns among a sample of incarcerated males who report engaging in levels of intimate violence, as well as identifying similarities and differences in demographic, economic status, mental health, criminal justice involvement, relationships, and treatment factors for three groups of incarcerated males - those who report perpetrating low intimate violence, those who report perpetrating moderate intimate violence, and those who report perpetrating extreme intimate violence the year preceding their current incarceration. Findings indicated that low intimate violence group's perpetration consisted almost exclusively of emotional abuse. Moderately intimate violent males and extremely intimate violent males, however, report not only high rates of emotional abuse but physical abuse as well. The distinction between moderate and extremely violent groups was substantial. Findings also indicated that perpetrators at different levels of violence in this study did not vary significantly in age, employment history, marital status, or race. However, the three groups showed significant differences in three main areas: (1) cocaine and alcohol use patterns, (2) stranger violence perpetration and victimization experiences, and (3) emotional discomfort. Implications for substance abuse and mental health treatment interventions and for future research are discussed.     

Sexual victimization against transgender women in prison: Consent and coercion in context

In this article, we conjoin two long‐standing lines of inquiry in criminology—the study of prison life and the study of sexual assault—by using original qualitative and quantitative data from 315 transgender women incarcerated in 27 California men's prisons. In so doing, we advance an analysis of the factors and processes that shape their experience of sexual victimization in prison. The results of qualitative analysis of 198 reported incidents of sexual victimization exhibit a range of types of sexual victimization experienced by transgender women in prison and reveal the centrality of relationships to their experiences of victimization. Findings from logistic regression models buttress the qualitative results, highlighting a factor that consistently and powerfully indicates vulnerability to sexual victimization is involvement in consensual sexual relationships with male prisoners. Together, the data demonstrate the prominence of intimate partner violence in prison, complicate the distinction between consent and unwanted sexual experiences in the lives of transgender women in prisons for men, and shine a light on the workings of gender in a total institution that privileges heteronormativity at the expense of the safety of transgender women in prisons for men. We discuss the implications of our findings in light of timely policy concerns.     

Designing Programming and Interventions for Women in the Criminal Justice System

Women are the fastest growing segment of the criminal justice population, yet the majority of research on criminal justice populations has been focused on men. Programming and interventions that reduce women’s involvement in the criminal justice system and ameliorate the negative consequences associated with criminal justice involvement are urgently needed. The overall aim of this paper is to provide a comprehensive framework for developing evidence-based, gender-specific programming and interventions to reduce criminal justice involvement and its associated consequences among women in the criminal justice system. The first section of the paper offers a conceptually guided review of the three primary factors that facilitate and complicate women’s involvement in the criminal justice system: victimization; mental disorders; and substance use. In the second section of the paper, findings from focus groups conducted with women on probation or parole identify strategies to engage this population in psychosocial interventions. The third and final section of the paper provides comprehensive recommendations for designing programming and interventions for women in the criminal justice system.     

The resource utilization of women who use violence in intimate relationships

Studies have found high rates of help seeking among domestic violence victims. However, little research has investigated the help-seeking patterns of women who use violence (many of whom are also abused). Understanding the resources utilized by women who are violent toward their partners may aid in designing interventions that will reduce the women's violence, as well as reduce the victimization they may be experiencing. This study examines the resource utilization of 108 women who used violence against a male partner (94% of whom also experienced victimization). Findings revealed that (a) almost all of the women utilized community resources in an attempt to manage the violence in their relationships; (b) victimization was related to resource utilization via self-defense motives, avoidance coping, and posttraumatic stress symptoms; and (c) greater resource utilization was related to lower levels of women's violence against their partners. Findings suggest that community resources may help prevent women's violence.     

ADOLESCENT VICTIMIZATION AND INCOME DEFICITS IN ADULTHOOD: RETHINKING THE COSTS OF CRIMINAL VIOLENCE FROM A LIFE‐COURSE PERSPECTIVE*

Estimating the financial costs of criminal violence to victims is important for assessing both the impact of crime on individuals and evaluating the feasibility and utility of various crime prevention, crime control, and criminal justice policies. Traditionally, such estimates focus on short‐term costs: costs connected to the victimization event itself and costs incurred during the immediate aftermath. Although the possibility of more long‐term costs is acknowledged, research has yet to articulate how and to what extent criminal violence impacts socioeconomic fortunes. In this article, I propose a life‐course model for estimating the long‐term costs of violent victimization. Using prospective, longitudinal data from a national sample of American adolescents, and retrospective data from a national sample of Canadians, I use this conceptual model to estimate income losses over the life cycle associated with violent victimization. Three significant results are reported. First, income losses from violent victimization are age‐graded, with the greatest costs occurring for victimization experienced in adolescence. Second, criminal violence experienced in adolescence appears to influence later earnings by disrupting processes of educational and occupational attainment. Third, the total costs of criminal violence over the life course for adolescents are considerable in comparison to estimates provided in previous research. The policy implications of these findings are discussed.     

Revictimizing the victims? Interviewing women about interpersonal violence

Research on women's experiences of interpersonal violence has grown dramatically and, as a result, the ethical issues surrounding this research are a concern. Although regulatory procedures ensure that research participants are protected from undue risk, little is known about the impact of victimization research on participants. In this study, the authors examine the differences in the abilities of a "vulnerable" population (142 incarcerated women) to complete interviews about the extent and nature of their violent experiences. Using quantitative and qualitative analysis, the authors assess whether the prevalence and incidence of women's victimization experiences, other stressful life events, and personal backgrounds are related to response rates to specific questions and completion rates. The authors find that the cumulative effect of violence over the life course has a significant relationship to women's disclosure of sensitive issues and that providing multiple avenues for disclosure of prior victimization is critical for facilitating a positive outcome for research participants.     

Family Influences on Female Offenders’ Substance Use: The Role of Adverse Childhood Events among Incarcerated Women

Childhood maltreatment, witnessing violence, and growing up with absent, addicted, or mentally ill caregivers influence adult physical and psychological well-being and may play an important role in female offending. This study utilizes data from a study of 60 incarcerated women to examine a possible intervening variable in the victimization-crime relationship. We conduct qualitative analyses to examine family influences on substance use among female offenders. Findings indicate that substance use may arise from a need to cope with child victimization and adversity, and that factors such as poor parental supervision may contribute to girls’ substance use. After onset of drug use, many women may turn to further criminal activity to support their habits. Implications for research and intervention are addressed.     

Integrating the American criminal justice and mental health service systems to focus on victimization

Although most research and policy in the mental health and criminal justice arenas have operated independently of one another, there is a growing consensus suggesting the need for an integration of these two disparate, yet complementary systems. Furthermore, in light of the adverse mental health consequences that often accompany victimization experiences, it is apparent that these two systems should develop and foster overlapping services for crime victims. The research reviewed herein provides an examination of issues such as these, identifies some of the barriers that stand in the way of a successful integration of the two systems, and attempts to provide some guidance and direction for future integrated mental health and criminal justice system approaches. An outline of research gaps and directions for future study are offered for the integration of criminal justice and mental health systems, as such collaborations are likely to alleviate some of the deleterious mental health outcomes evident among crime victims and at the same time reduce the occurrence of repeat victimization.     

Service Providers’ Knowledge and Perceptions of the Legal Service Needs of Crime Victims

Currently, there is an expansive body of victimization literature within the criminal justice field, which covers a number of essential topics such as victimization trends and patterns, short-and long-term effects of victimization, as well as specific effects of intimate partner violence and sexual assault victimization. Despite the variety of topics examined by empirical research, there is a noticeable lack of discourse pertaining to civil legal services for crime victims. This study is among the first to take a close look at civil legal services for victims by exploring three uncharted areas including: (a) service providers’ knowledge of civil legal services, (b) the legal needs of crime victims and available services, and (c) barriers between victims and accessing civil legal services. Using quantitative and qualitative data from interviews with service providers, policy implications and future research recommendations are discussed.     

Intimate Partner Violence Among Hispanic Females

Abstract

Intimate partner violence poses a major public health and social problem with serious criminal justice, health and social-related consequences. However, little is known about the etiology of intimate partner violence among young people, especially minority youth. Using the Hispanic Stress Inventory, we examine intimate partner violence among Hispanics, particularly Mexican American adolescent females. Understanding and identifying issues related to intimate partner violence is crucial for developing and implementing effective policies and programs encompassing both public health and criminal justice approaches specific to this rapidly growing population of young people.     

Intimate partner violence and the justice system: an examination of the interface

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court's remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system. Areviewis provided of research on the criminal justice interventions in cases of intimate partner violence; and research on the efficacy of civil protective orders.     

Young Cambodians as Victims of Institutional Violence in the Criminal Justice System

Young Cambodians are often the victims of human rights abuses due to their interactions with the criminal justice system. This paper is based on the outcomes of a 6-month research project which gained the perceptions of young male Cambodians who reported that violence within the criminal justice system is normalised and perpetrated by police and prison authorities. The research documented the physical and psychological effects of institutional violence encountered by young people such as problems in reintegrating back to their families and communities. The paper concludes with a number of suggestions regarding the introduction of a juvenile justice system, increased training of police and the introduction of human rights as part of the national school curriculum.     

The myth of the new female offender: Some evidence from attitudes toward law and justice

This study compared the attitudes of male and female prisoners toward law and justice. Three distinct factors were examined: attitudes toward criminal justice personnel, attitudes concerning the sanctity of law, and attitudes regarding rationalizations for law violation and conditions justifying it. Female prisoners were found to exhibit more negative attitudes toward criminal justice system personnel but more positive attitudes toward the sanctity of the law, and they did not endorse rationalizations for law violation. The finding of females' positive attitudes toward the law is consistent with gender role socialization. The study findings indicate strong internalization of gender roles by the female prisoners. The women's negative attitudes toward criminal justice personnel may have resulted from differential expectations or from the fact that women experience incarceration differently than men. Further research is necessary to clarify this finding. The present study suggests that if there is a “new breed” of female offenders who are hostile to law and justice, they do not represent the majority of women who are incarcerated in American correctional institutions.     

Intimate partner violence, relationship status, and protective orders: does "living in sin" entail a different experience?

The legal status of women's intimate relationships may allow for different experiences with intimate partner violence (IPV) and the protections received from the criminal justice system. There has been limited research examining differences in IPV and protective orders for women in marital and cohabiting intimate relationships. This study examines differences in experiences with IPV and factors related to protective orders: stipulations, violations, and perceived efficacy in a sample of married (n = 392) and cohabiting (n = 307) women with protective orders. Results suggest (a) married and cohabiting women are significantly different on a number of demographic characteristics; however, after controlling for these demographic differences, (b) married and cohabiting women's experiences with IPV are similar in almost all dimensions, except with the psychological tactic of degradation; and (c) married and cohabiting women receive similar protective order stipulations, experience similar rates of violations, and have the same overall perceptions of safety, freedom, and effectiveness pertaining to the domestic violence order. Implications for policy are discussed.     

Abused South Korean women: a comparison of those who do and those who do not resort to lethal violence

This study compares two groups of women in South Korea: one group incarcerated for the deaths of their male partners and the other staying in a shelter for battered women. The analysis serves to answer two questions: First, are the findings regarding women who kill their intimate partners in Western societies generally applicable to their counterparts in South Korea? Second, how are abused South Korean women who resort to lethal violence against their abusers different from those who do not? Regarding both abused and nonabused women incarcerated for criminal homicide against their partners, results indicate that they have less experience of psychological and physical abuse by their partners and that they are less educated, underemployed, and more supportive of traditional patriarchal norms than are the women who utilize domestic violence shelters. This research explores implications for intervention strategies to encourage abused women to seek help from legal and extralegal sources.     

Assessing the Needs of Women Recently Released From Prison

The growing number of females incarcerated in the United States suggests that greater importance needs to be placed on preparing practitioners and communities for their eventual release from prison. Female offenders present a unique set of needs, including greater mental health, substance abuse, and medical health problems than their male counterparts. Furthermore, women may possess unique needs at various points of their involvement with the criminal justice system (i.e., before, during, and following a period of incarceration). The current study examines the needs of female offenders while they are reentering the community from the perspective of community service providers who work directly with recently incarcerated women. Survey results reveal that community service providers identify needs in 7 domains. Prevalence and urgency measures provide unique profiles of the needs of female offenders, and respondent reports of the effectiveness of the existing community-based service sector lead to numerous implications and suggestions for future research.     

THE SOCIAL ECOLOGY OF VIOLENCE AGAINST WOMEN*

Despite more than three decades of research on the topic of violence against women, the relative contribution of individual, family and community factors to victimization risk remains unknown. We use self‐report data from the Area‐Identified National Crime Victimization Survey to study the correlates of stranger, nonstranger and intimate‘partner violence against women. Regardless of victim‐offender relationship, we find that the risk for victimization is highest among young, single women with children, particularly those who have lived in the current home for relatively shorter periods. Area family and age composition appear to have stronger direct relationships with women's violence than poverty or racial composition measures. We also find there to be more similarities than differences in the individual, family, and community correlates of stranger, nonstranger and intimate partner violence. We discuss these findings as part of the growing body of multilevel literature on violence and on violence against women.     

Racial Minority Women and Criminal Justice Responses to Domestic Violence

Racialized minority women’s experiences with Canadian specialized criminal justice responses to domestic violence have seldom been documented. Informed by an intersectionality framework, this qualitative study presents the struggles of 14 racial minority women from three Canadian cities and their experiences with the police and criminal court’s response to their partner’s acts of domestic violence. The results focus on how well specialized criminal justice responses address the needs of these women and protect them from further violence. Factors that facilitate or deter these women from approaching the criminal justice system for help are highlighted. The implications of these women’s narratives for criminal justice responses to domestic violence are discussed.