Tema 4 (2016)Apunte Inglés
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Gender and Criminal Justice System
Discrimination, violence and human rights
Gender-based violence (GBV)
o Violence against women (VAW)
o Difference between GBV and VAW
GBV / VAW and the Criminal Justice System:
o VAW and Domestic violence
Directive approach / Empowering approach
CJS & GBVAW: Main problems
Police officers and mandatory arrest policies
o US: Debate about police officers role early 1980’s: small study of policy responses to domestic
violence calls (Minnesota): arrests were the most effective strategy for reducing future violence
o 1980’s: “Mandatory arrest” laws (MAL, 22 States and DC)
o Now: number of murders committed by IP is significantly higher in states with MAL than it is in
Prosecution: Women’s will and ‘no drop’ policies o Victim’s empowerment model of domestic violence advocacy A battered woman regains her autonomy by making decisions for herself / women as decision maker.
o No drop policy the state prosecutor decides whether to prosecute a domestic violence perpetrator, regardless of the victim’s wishes.
General state interest of ending abusive relationships Women on trial o women who are not the “ideal victim” o innocent victim / less innocent victim (victim precipitation, provocation) “The possibility of being considered both an agent and a victim is limited in the criminal judicial discourse and women risk having to deny their agency to be offered full criminal legal protection against violence in heterosexual relationships” (Burman, 2010) Women: between victimization and agency Agency is a factor that is considered as negative.
Is IPV only perpetrated by men? Men and women as IPV perpetrators Who does what to whom? (M. Hester, 2013) IPV in English police records Problem CJS: incident-based. In order to appear in the statistics, you’re reporting an incident (what happened).
6-years study: differences btw IPV committed by men and women: nature of cases 1 Gender and Criminal Justice System forms of violence frequency of incidents levels of arrest Nature of cases UK / USA Surveys on IPV: o Male violence against women is more frequent and severe Women victims are more likely to use services o Female violence is often not reported because is considered “too trivial” (female violence isn’t serious) UK study: o Cases involving male as sole perpetrators were most likely to result in “intense fear and control of partners”.
o Most female sole perpetrators had only one incident recorded (men, btw 2 and 24 incidents) How we measure violence? It’s difficult to talk about violence because it is subjective. The data of CJS is limited because most of the cases of GBV are never reported (dark figure).
Arrests UK Study: overall, there are more men arrested than women, but: o women are more likely to be arrested per incident: men were arrested once in every 10 incidents women were arrested once in every 3 incidents more serious offences (use of weapons) but they are nor arrested for threats to kill SESSION 4. Hate crimes and Gender-motivated killings Contents Hate crimes Global homicide trends o Gender related aspects Gender motivated killings o Killings of women in history o Femicide Femicide as gender-specific crime Data on femicide Use of femicide in criminology 2 Gender and Criminal Justice System Hate crime A crime, usually violent, motivated (in whole or in part) by prejudice or intolerance, based on factors such as: national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, etc.
It is a very recent idea and concept OSCE definition Hate crimes are criminal acts motivated by bias or prejudice towards particular groups of people. To be considered a hate crime, the offence must meet two criteria: 1) The act must constitute an offence under criminal law 2) The act must have been motivated by bias Data Spain (OSCE) GBV & Hate crimes 1980’s: civil rights movement (USA) statistical information on crimes committed against national, ethnic, racial and religious groups later, gay and lesbian organizations (women’s organizations were excluded) There are more much crimes against women than against other groups, so if we include women’s crime in that statistics, it won’t be useful.
1990: Hate Crimes Statistic Act; 1994: Hate Crimes Sentencing Enhancement Act Spain: 1995 (new Criminal Code: hate crime aggravating circumstance, including “sex”, and since 2015: “gender”).
The Spanish Criminal Code includes an aggravating circumstance based on the motivation: ideology, religion, belief, ethnic, race, nationality, sex, etc.
Art. 22 Spanish Criminal Code: Son circunstancias agravantes: 4.ª Cometer el delito por motivos racistas, antisemitas u otra clase de discriminación referente a la ideología, religión o creencias de la víctima, la etnia, raza o nación a la que pertenezca, su sexo, orientación o identidad sexual, razones de género, la enfermedad que padezca o su discapacidad.
GBV & Hate crimes In practice, crimes committed against national, ethnic, racial and religious groups are more frequently considered hate crimes More recently: sexual orientation, and gender identity o 2009, USA Local Law Enforcement Hate Crimes Prevention Act o Ex. Case of aggression against lesbians in Barcelona 3 Gender and Criminal Justice System Global homicide trends Why study homicide? o Homicide is one of the most scrupulously recorded crimes criminal justice system health system o Homicide data are considered among the most representative and comparable crime indicators Homicide is easier to compare than other crimes because an homicide is the same in all the countries, while in the case of other crimes, it’s more difficult because it depends on the definition of crime of every country.
o Homicide is the most violent crime against the person Homicide as a proxy for violent crime (homicide as the tip of the violence ‘‘iceberg”).
Homicide is the tip of the iceberg in violence. It is a very useful data because we can compare it: Just considering homicide, we can know how violent are the different countries.
Some data… Global study on homicide, 2013 UN Office on Drugs and Crime (UNODC) If we consider homicides, Asia is the most peaceful region.
This is because men are involved in the army and criminal organizations.
In the last decade, the world is more peaceful (less homicides).
4 Gender and Criminal Justice System Male perpetrators… not just in homicide In crime, in general o Ex: Spain: incarcerated population: Source: Home Office, 2014 Examples of gender motivated killings Gender motivated killings are an extreme form of GBV o Gender based killings against LGBTI people Intersectionality o Killings of women by male partners / ex partners the most extended form gender motivated killings and an extreme form of VAW Killings of women in history Old Testament: capital punishment for adultery between a man and married woman Ancient Rome (patriarchy): a husband had an ancient right (ius) to kill his wife if he caught her in the act of adultery (uxoricide) Spain: until 1961, “uxoricide because of infidelity” was punished with exile (not prison) Henry VIII and the death of Anne Boleyn charged of adultery Jane Caputi, 1987: “The Age of Sex Crime”: o Burning of women as witches (early modern Europe) as gender motivated killings of women Witches were those women that were too liberal and progressive that it was dangerous for the society.
o Women who had power and knowledge (midwives), who didn’t have a husband, massive killings as strategy of control (fear) El concepto feminicidio es amplio, abarca desde el caso de Monreal, hasta el de la pareja en la que el hombre mata a la mujer.
“Femicide”: gender based killing of women Diana Russell: 1990: Femicide: Speaking the unspeakable (with J. Caputi) 1992: Femicide: The Politics of Woman Killing (with J. Radford) 5 Gender and Criminal Justice System Origin of neologism “femicide” Mid. 1980’s: social debate on “hate crimes” and if crimes against women were (or not) hate crimes Dec. 1989: 14 female college engineering students were killed at the University of Montreal (massacre of Montreal) o Mark Lépine referred to them as “a bunch of feminists”, and that he hated feminists o Media didn’t portrayed the case as “hate crime” or politically motivated Femicide is an extreme of the “continuum” of VAW (Liz Kelly, 1988) – includes different forms of sexual violence, harassment, physical abuse, etc.
o Femicide occurs in both, private and public realm / perpetrated by partners and strangers Femicide as a response to increasing autonomy of women (as during witch-hunting) and a intent of consolidate male power in periods of profound changes Definitions of femicide “The killing of women by men motivated by hate, contempt, pleasure or the assumption of ownership of women” “The misogynist killing of women by men” “The killing of females by males because they are female (to include all forms of sexist killings)” Use of femicide It is widely used in research on VAW USA, Israel: Mostly used to refer to IPH / intimate partner femicide India: include honour killings and dowry related killings Europe: o Spain: activists and some reports of the Judiciary o Italy: activists and researchers In some Latin-American countries: o 1990’s: Ciudad Juárez (México) –kidnaping, torture, sexual violence, killing of women o Other countries as Guatemala, Salvador and Honduras o Very related to gangs crime / organized crime In other countries (Chile, Argentina), femicide only includes IPH More than 10 countries have enacted an specific crime of femicide / feminicide Types of femicide Intimate partner femicide o In a large number of countries is a major cause of female homicides Non-intimate partner femicide Sexual femicide 6 Gender and Criminal Justice System Honour killings Suicides and self-immolation Dowry related killings Honour killings Honor killings are acts of vengeance, usually death, committed by male family members against female family members, who are held to have brought dishonor upon the family. Reasons: refusing an arranged marriage being the victim of a sexual assault seeking a divorce (allegedly) committing adultery Intimate partner femicide IP violence: o A batterer is generally trying to dominate the woman so as to gain power and control over her life o Violence is used as a tool to instill fear in his victim. This fear is what allows a batterer to exercise power and control over his victim Femicide is very often committed when women leave the relationship (autonomy) When men can’t control them anymore Gender based violence definition: GBV "punishes those who deviate from what is considered normal in terms of social roles assigned to men and women, and punishes divergent behaviors and sexual options” (Juliano, 2006) Data on femicide In Europe, information on femicide remains neither comprehensive nor comparable There is insufficient information on murders of women, and not all cases of gender-based killings of women can be identified Even in Spain, where records are kept of murders of women by partners or ex partners but not of other gender-based killings o Women’s organisations maintain that there are almost twice as many femicides as the official figures state 7 Gender and Criminal Justice System Data on IP femicide While figures for homicides have tended to fall in Europe in recent years, figures for domestic homicides – which are the cases that affect women the most – have not fallen o Half of the women murdered in Germany died at the hands of their partner or former partner o France: the number of women murdered in ‘domestic violence’ has risen btw 2011 – 2012 by more than 20 % o Italy: women’s organizations report a sustained increase in female homicides in recent years The paucity of information on femicide makes it impossible to adopt effective policies and preventive measures o crimes committed by partners or expartners of women are surely far more predictable and avoidable than other homicides Consequences of femicide UN Women: “Violence against women and girls is both an extreme manifestation of gender inequality and discrimination, and a deadly tool used to maintain women’s subordinate status” Homicide and fear of women: o women’s homicides are much more in the news than men’s (over-representation of VAW in the media) CJS responses to femicide They are “easier” cases than those of VAW (when the victim is alive “problematic”: o Directive model (mandatory arrests, no drop policies, etc.) o Empowering model (women’s decisions) It’s too late: most of IP femicide could be prevented Importance for criminology The production of improved data both on lethal and non-lethal violence on women is fundamental for raising awareness and formulating evidence-based policy responses, including in the field of criminal justice Most of IP femicide could be prevented: o IP femicide perpetrators are always known prevention o State responsibility for prevention this human rights violation is more concrete 8 ...