Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

Distributive Justice and Crime

The heavy concentration of crime on a few areas, and the concentration on the chronically victimised within those areas, together illustrate the gross inequality of the risk of crime victimisation. This inequality also characterises other hazards of life. Criminology has too often reduced the problem of crime to the problem of the offender. Recognising crime hazard as an issue of distributive justice requires a different mind set. The Crime and Disorder Act 1998 recognises the drivers of crime as lying outside criminal justice, but does not put in place a panhazard analysis of the kind required, community safety being presented as a type of crime prevention. Movement towards panhazard thinking may well be somewhat facilitated by the workingthrough of the incorporation of the European Convention on Human Rights, actions flowing from section 17 of the Crime and Disorder Act, and a reconsideration of how emergency services might work.     

性别正义:迈向宪治的社会性别

我们对性别身份及其差异已经习以为常,而这或许是一个"可怕的错误"。性别平等的实现有赖于我们对社会性别及其女权主义理论的深刻理解,以期在性别认知的基础上对现存的性别歧视进行矫正。透过妇女的经验,性别化取向和决疑术可以为女性主义法律的理论化、性别化与权利实践策略的企图提供理论与实践的架构。由是,我们对"跨性别"及性别正义充满宪政期待。     

Women in Crime and Justice

ABSTRACT

Drawing upon feminist research on women in crime and justice, this study examines patterns of female crime in Israel over four decades and the criminal justice response to female offenders over two decades. The data show that crime patterns of Israeli women and the criminal justice response to their transgressions show remarkable resemblance to those discerned in other western countries. The article concludes that feminist insights and explanatory mechanisms suggested in other western countries are congruent with findings about women in crime and justice in Israel.     

Justice by Gender: Understanding the Role of Gender in Disposition Decisions Involving Out of Home Placement for Juvenile Offenders

Although several studies have examined the differences in sentencing decisions by gender for adult offenders, a limited amount of research on the role of gender in the post-adjudication disposition determination exists for juvenile offenders. Specifically related to the role of gender and the rate of incarceration, previous research has developed a commonly accepted consensus that female juvenile offenders are often detained pre-adjudication for less serious offenses than their male counterparts. This article evaluates the results of previous studies regarding the role of gender in disposition decisions, and the process of bootstrapping juvenile offenders into incarceration. This study examines whether the role of gender and the process of bootstrapping results in similar gender bias decisions in post-adjudication dispositional decisions as has been demonstrated by previous literature for pre-adjudication detention decisions. The results of the study indicate that there is no empirical support to indicate that gender plays a role in the post-adjudication decisions resulting in out of home placement or incarceration. In fact, the main effect of the study indicates that females are actually less likely to be removed from their home and placed in residential care as a condition of their post-adjudication disposition than their male counterparts. These findings suggest that the differences in the level of the adjudicated offense accounted for more of the variance in disposition decisions than that of gender. Thus, this study found little support for the increasing argument for the sex stratification of theories of delinquency.     

Political Liberalism, Ethos Justice, and Gender Equality

Susan Okin criticizes John Rawls’s ‘political liberalism’ because it does not apply principles of justice directly to gender relations within households. We explain how one can be a ‘political liberal feminist’ by distinguishing between two kinds of justice: the first we call ‘legitimacy justice’, conceptions of which apply to the ‘legally coercive structure’ of society; the second we call ‘ethos justice’, conceptions of which apply to citizens’ ‘non-coercive’ relations. We agree with Okin that a society in which most persons act in accordance with ‘gender equal’ ethos justice is morally superior to one in which most persons do not. A shared commitment to a particular conception of ethos justice, however, cannot be required by a conception of legitimacy justice. A political liberal feminist is committed to promoting gender equality with respect to both legitimacy justice and ethos justice, but recognizes that different means are necessary to do so.     

Fear of Crime in Botswana: Impact of Gender,Victimization, and Incivility

The subject of fear of crime has generated a substantial body of empirical study within Western industrialized society. However, the current focus on comparative criminology inspires efforts to study fear of crime cross culturally. This study attempts to assess some of the widely accepted predictors and conclusions of fear of crime found in developed nations on the urbanized capital city of Botswana. More specifically, in this article, the author explores the relationships between gender, victimization, incivility, and fear of crime in Gaborone, Botswana. Findings suggest that gender, victimization, and, in part, the environment are all useful in explaining fear of crime in Gaborne. However, it appears that gender, more than victimization and incivility, is itself a genuinely powerful determinant of fear of crime.