Theoretical

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Theoretical Essay

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Introduction

People commit activities that sometimes affect and influence others lives and when people commit unlawful activities, authorities try to punish them as they usually go against the law. Authorities and the departments that deal with criminal justice make policies for restricting individuals liberty for committing a crime. Unlawful acts and activities are discouraged in all society. Every society is trying to formulate the policies and the procedures that would facilitate the investigation. Crimes are classified based on their seriousness. Though in the past, most of the crimes used to be committed by men (rape, sexual assault, violent crimes) but with time, there has been witnessed an increase in the crimes being committed by females. Different theories have been proposed by different scholars and researchers (Egan, et al, 2019, pp. 169-178). One of the central theories in criminology is Feminist Criminology that emphasizes that social roles being played by women in the society are different from that of the men. Different roles being assigned to females lead them to pathways towards victimization, crime and deviances that were overlooked in other theories of criminology. Feminist criminology claims that female offenders are getting increased because of the way they are treated by their families and society (Walklate, et al, 2019, pp.60-77). It also claims that when things get out of their (females) they get out of the threshold crossing all their limits and break the laws thinking them useless as they could not protect their right.

Discussion

Most of the research used to be based on male criminality and most of the responses of criminal justice systems used to be based on male offenders. Feminist criminology claims that most of the crimes that women commit are because of the inequality they face in life. Feminist criminology place gender at the centre of the discourse and also tries to bring womens point of view of understanding the world that leads them towards crimes and responses to crime. This criminal theory also proposes an argument that provides pieces of evidence for the cause of the crime being committed by the females (Desmond Dawes, et al, 2019, pp.1-24). Analysis of this feminist criminology theory shows that crime is most related to gender related issues as women are treated unequally so they commit crimes to claim their rights. Undoubtedly, it is wrong to commit a crime for the sake of justice. Most of the blame of female criminality is being the shoulder to society and males who exploit them and forced them to be indulged in criminal activities i.e. usually those females commit crimes who are being sexually assaulted in the childhood or being physically tortured by men. In some of the cases, women commit a crime for the sake of revenge from this male dominant society.

Causes of crimes being committed by females are different than the causes that drag males to any crime. The subjugation of women, masculinization, lack of opportunity, marginalization, male criminal behaviour and chivalry are the main causes that push females towards crimes in the third world countries. According to feminist criminology, different socialization processes that trigger that social difference between males and females also serve as the main causes because of which females commit crimes. Feminist criminology also argues that major causes of female crime involve poorly paid employments, unemployment and inadequate welfare payments (Sutherland, et al, 2019). Another aspect that has been highlighted in this theory is that women commit a crime for their economic needs and early childhood experience of womens sexual and physical torture. Feminist criminology not only sheds a light on the causes of female crime but also suggests solutions to best combat these causes. Equality and justice for women must be promoted. Equal opportunities must be provided to the women so that they could fulfil their economic needs. There is a need to formulate and implement more laws that would protect and keep children safe from early childhood sexual torture. Increasing the number of opportunities would help in lowering the number of female crimes. For example, according to Rita J. Simon, when women are provided with equal opportunities, they become able to fulfil their social needs.

Like every country, Australia criminal justice system is also influenced by feminist criminology theory and undoubtedly all the authorities and departments of CJS i.e. social, courts and policies makers are greatly influenced by the feminist criminology. Female criminals are being given relaxation as feminist criminology theory explains factors that sometimes look logical and valid. Sentences attitude towards women in the criminal justice system could be observed as an important factor (Frazer, et al, 2019). According to Butler and Allnut, courts that sentence punishments to the female prisoners keep in consideration those female prisoners which have a higher prevalence of psychiatric issue than males. 90 of the female prisoners experienced mental disorder before the incarceration as compared to the 785 male prisoners. Feminist jurisprudence consists of a judicial system that does not consider women being subjugated rather courts and policymakers respond to the females need. Though this theory provides strong evidence for treating women, offenders and prisoners better than male offenders but increases in the female criminality is another factor that the criminal justice system of Australia is focusing on. The criminal justice system has prohibited the searching of female offenders by the male police officers. Also, female officers are being staffed so that female criminals could be given a feeling of security. In the light of feminist criminology, certain changes have been made in police, policies and court treatment (Pakes, et al, 2019). Feminist theory claims that on contact with criminal courts, women likely commit fewer crimes. Involvement of women in crimes is non-violent and non-serious so they must be treated differently than male offenders and lastly the policy trends on the arrests, court patterns indigenous and non-indigenous women depicts that indigenous women are over-represented as compared to the non-indigenous women.

Taking into consideration the present criminal justice system of Australia and Feminist criminology theory, it could be said that there are certain aspects of this theory that are out-dated. Unemployment is one of the aspects that increased the rate of female criminals, this aspect was valid as it looked upon 30 years back but at present, women are getting almost equal employment opportunities. Another aspect of this theory that could be viewed as irrelevant in the present society is that women are not subjugated as they used to be in the past as now feminism has changed many things in present days (Kendall, et al, 2019). Keeping in consideration the success of the feminism and other movements that were started for providing women with equal rights and opportunities, it wont be wrong to say that nowadays women are not only being given equal opportunities but they are also giving a tough competition to men. One of the most out-dated aspects of this theory is that women are oppressed, thats why they are getting involved in more crimes. There is a need to look at the present-day circumstances that show increased participation of young women in sub-cultural activities like influence of gangs and drugs are making young girls more violent. Females at present are involving more in cyber-crimes so there is a need to see the interplay of social, behavioural and cultural policy responses as per the present circumstances.

Conclusion

A critical evaluation of the selected theory, the Feminist criminology theory shows that there are certain causes that have increased the crimes committed by females. There is no doubt that females are engaging more in crimes as they are being more victimized by their society or sometimes family, but at the same time, it wont be wrong to say that this claim seems to be accurate that criminology theories need to be reviewed as they are quite out-dated or too narrow for their implementation in the contemporary Australian society. Critics who criticize these criminal theories are right as there are several aspects of this theory (Feminist criminology theory) that are lacking the things and factors that need to be changed as per the present time. Veritably, criminology theories were made years before when women were not treated the way they are being treated today. In the past, no doubt they were oppressed and exploited for different purposes but taking a look at the present, there could be seen a shift in the ways how women are treated generally (Whiteley, et al, 2012). It could be witnessed that there are various movements and organizations that are working for women and their rights, so the condition of women is much better than the past. Women are being given equal opportunities in almost all the fields and also, they are being offered equal employment chances. In some countries, there are fields where women are getting more jobs and protection than males so as a whole it could be said that criminology theories need to be upgraded and modified as per the present circumstances. It could be promulgated that there are certain aspects of feminist criminology theory that need to be overviewed within present constraints. Policymakers in Australia need to take this issue under consideration and form some steps to improve the credibility of the criminal theories as per the present circumstances.

References

Desmond Dawes, G. and Davidson, A., 2019. A framework for developing justice reinvestment plans for crime prevention and offender rehabilitation in Australias remote indigenous communities.Journal of Offender Rehabilitation, pp.1-24.

Egan, S., 2019, May. Excavating feminist knowledge and practices in the field of sexual assault service provision An Australian case study. InWomens Studies International Forum(Vol. 74, pp. 169-178). Pergamon.

Frazer, E. and Hutchings, K., 2019. The feminist politics of naming violence.Feminist Theory, p.1464700119859759.

Kendall, S., Lighton, S., Sherwood, J., Baldry, E. and Sullivan, E., 2019. Holistic Conceptualizations of Health by Incarcerated Aboriginal Women in New South Wales, Australia.Qualitative health research, p.1049732319846162.

Pakes, F., 2019.Comparative criminal justice. Routledge.

Sutherland, G., Easteal, P., Holland, K. and Vaughan, C., 2019. Mediated representations of violence against women in the mainstream news in Australia.BMC public health,19(1), p.502.

Walklate, S., McCulloch, J., Fitz-Gibbon, K. and Maher, J., 2019. Criminology, gender and security in the Australian context Making womens lives matter.Theoretical Criminology,23(1), pp.60-77.

Whiteley, K.M., 2012.Women as victims and offenders incarcerated for murder in the Australian criminal justice system(Doctoral dissertation, Queensland University of Technology).

LAW AND INTERNATIONAL LAW

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