By:
Priscilla ( Webmaster and Editor )
BA:
Criminology/Psycholgy
Given
that our society is still highly male
supremacist, it is logical that prisons would
reflect on this social dynamic. In fact, because
prisons and the criminal prosecution system are
so carefully removed from the scrutiny of
prisoners' supportive communities and advocates,
blatant sexism and victimization often go
unchecked. Two comprehensive and incisive works
called Unruly Women: The politics of Confinement
and Resistance by Karlene Faith (Vancouver: Press
Gang 1993) and Mass Murderers in White Coats:
Psychiatric Genocide in Nazi Germany and the
United States by Lenny Lapon (Springfield:
Commonwealth/ PGRI 1986) are two excellent
sources that cover the topic of women in prison.
Women are a very small proportion of the overall
U.S. prison population, at approximately five
percent. At the end of 1988, there were 32,691
women in state and federal prisons. Although
imprisonment rates for women are low, they are
rising quickly, after having remained more or
less constant for the past fifty years. According
to government statistics, the number of women
prisoners has prison from 13,420 in just eight
years, a 244 percent increase, as compared to an
increase of 188 percent for men during the same
period. The rate for women has grown faster than
that for men each year since 1981. During 1987
alone, there was a 9.3 percent increase in the
rate of imprisonment for women while the figure
for men rose 6.6 percent. In New York City jails,
the rate for women rose a total of thirty-three
percent in the last year alone, more than twice
the rate of men. Some say there has been a jump
in violent crime by women because of the women's
movement and the associated empowerment of women.
There is no evidence however, to support either
the allegation that female violent crimes have
increased, or that equality leads to more violent
crime by women. In fact, violent crimes by women
have remained constant or, in some cases, have
actually declined. For instance, a comparison of
female crime rates between 1977 and 1987 shows
that violent personal crimes actually declined
while alcohol and drug related crimes tripled.
Why the rates are rising more quickly for women
remains an unanswered question. It is possible
that deteriorating conditions are now pushing
women to the brink faster than men; as the
primary caretakers of children, women may be
driven by poverty to engage in more
"crimes" of survival. Changes in
sentencing laws an practices, such as mandatory
minimum sentencing, are commonly referred to as a
main factor in rising imprisonment rates for
women. Many commentators have indicated that
judges are less hesitant than ever to send women
to prison. Offenses which used to get probation
are now drawing prison time and sentences are
more severe. Some observers state that if there
was ever a shred of "chivalry" in the
white male criminal justice system, that it is no
longer true today. For instance, and
administrator of a Texas women's prison was
quoted as stating that "Chivalry is dead.
It's equal rights, dog eat dog, no women are at
home with an apron on anymore." Well,
whatever the reason, it seems certain that women
are being treated more punitively than in the
past by the criminal justice system.
The profile of women in prison has emerged from
study after study. These findings have concluded
that women in prison usually fit the profile of a
young single mother with few marketable job
skills, a high school drop-out who lives below
the poverty level. Seventy- five percent are
between the ages of twenty-five and thirty-four,
are mothers of dependent children, and were
unemployed at the time of arrest. Many left home
early and have experienced sexual and physical
abuse. Ninety percent have a drug or
alcohol-related history. Another significant
factor is the race of incarcerated women. In 1982
the population of women's prisons was 50 percent
black, although blacks comprised only 11 percent
of the total population in this country; 9
percent Hispanic, and 3 percent Native American.
The African-American women are eight times more
likely than white women to go to prison. Even
though a greater proportion of white women are
arrested, a smaller proportion are incarcerated.
A 1985 Michigan study reported that 10.5 percent
of all arrests were those of white women, while
non-white women accounted for 6.1 percent of all
arrests. On the other hand, Euroamerican women
were 1.8 percent of those incarcerated while
women of color were 4.5 percent. It is not clear
what other factors are involved, such as the
distribution of arrestable offenses or the role
of prosecutors discretion. What seems certain
though is that there is a different set of
dynamics at work for white and non-white women.
Karl Rassmussen, who is Executive Director of the
Women's Prison Association of New York said,
" 150 years ago it was poor whites, their
names often IrishNand alcohol abuse. Today, it's
poor minorities and drug abuse.
Many studies have indicated that women of color,
black women in particular, are, when compared
with white women, over-arrested, overindicted,
under-defended and over- sentenced.
African-American women are seven times more
likely to be arrested for prostitution than women
of other ethnic groups. A California study showed
that white women drug violators represent the
primary group arrested for this offense (65.1
percent) but are far less likely to be imprisoned
(39.4 percent) than any minority female group.
Over a sixteen year period, black women
incarcerated in Missouri received much longer
sentences for crimes against property, and served
longer periods in prison. White women were
generally given much longer sentences for crimes
against persons, in fact almost double those of
black women. However, actual time served for
Afroamerican women was longer. For both murder
and drug offenses, Euroamerican women ended up
serving one- third less time for the same
offenses. The study concluded that
"differential treatment is definitely
accorded to female offenders by race.
Assata Shakur, who was once an imprisoned leader
of the Black Liberation Army and was liberated
from a New Jersey prison in 1979 gave us his
description about women in prison. "There
are no criminals here at Riker's Island
Correctional Institution for Women (New York),
only victims. Most of the women (over 95 percent)
are black and Puerto Rican. Many were abused
children. Most have been abused by men and all
have been abused by "the system". There
are no big time gangsters here, no premeditated
mass murderers, no god mothers. There are no big
time dope dealers, no kidnappers, no Watergate
women. There are virtually no women here charged
with white collar crimes like embezzling and
fraud. Most of the women have drug related cases.
Many are charged as accessories to crimes
committed by men. The major crimes that women
here are charged with are prostitution,
pickpocketing, shop lifting, robbery and drugs.
Women who have prostitution cases or who are
doing 'fine' time make up a substantial part of
the short term population. The women see stealing
or hustling as necessary for the survival of
themselves or their children because jobs are
scarce and welfare is impossible to live
on."
As Shakur paints the picture, women's offenses
are rarely vicious, dangerous, or profitable.
Their crimes arise from difficult circumstances
within society at large. Most women are in prison
for relatively minor offenses; property crimes,
sometimes referred to as poverty crimes, are the
most frequent. According to 1983 Bureau of
Justice statistics, forty-three percent of women
were in for larceny, fraud, or forgery as
compared with fifteen percent of men. Also, women
are less likely to be imprisoned for violent
offenses; thirty-five percent of the men were in
for violent crimes as compared with twenty-four
percent of the women. In general, women are less
likely to be involved in homicide than are men.
For the years 1980-1984, women were found guilty
of only fourteen percent of all homicides.
Another important factor is that when women do
engage in violent crime, it is often a
fundamentally different sort of act. Women are
much more likely to kill a male partner than to
kill anyone else. Men are much more likely to
perpetrate homicides against individuals outside
the partner relationship, although the rate of
male-perpetrated homicide against intimate
partners is still nearly double the rate for
female perpetrated homicides of male partners.
Women are much more likely to kill in
self-defense in response to their male partners'
physical aggression and threats, and the
recidivism rates for such crimes are
extraordinarily low. That is, it is unlikely for
a woman to repeat a homicide. This "female
use of lethal counter-force" has been
documented in numerous studies. Other authors
point out that besides the provocation that
immediately triggers the female homicide and is
recognized by the court of law, female homicide
is often in response to preceding years of male
abuse.
According to Shelley Bannister, over one-third of
all women have been or will be abused as children
by males within and outside of their families.
Annually, over two million women are battered by
male partners. Although no one knows exactly how
many women are in prison for killing an abusing
husband or boyfriend, Charles Patrick Ewing, a
psychologist and attorney, believes that as many
as a thousand women a year are convicted for such
acts. He states that "This small but
increasingly visible minority of battered women
are in many cases doubly victimized: once by the
men who have battered them and again by a system
of criminal justice which holds them to an
unrealistic standard of accountability."
Also, Angela Brown, a Denver social psychologist
who conducted research in this area, sais that
"women often face harsher penalties than men
who kill their partners." In the early
1970s, when there was an activist women's
movement, several strong campaigns were waged
regarding individual cases in which women
physically defended themselves and their children
against attack. Yvonne Wanrow, a Colville Indian,
was convicted by an all white jury for the
self-defense killing of a man who molested her
nine year old son as well as several other
children. Inez Garcia struck back against the men
who raped her and threatened her life, while the
judge insisted that the allegations of rape were
not even an issue in the case. Dessi Woods was
found guilty of murder and robbery of a white
insurance agent who tried to rape her and a
friend. The influence of feminist thinking and
agitation can be seen today. Bannister argues in
a current criminal justice journal that
"women who kill or attempt to kill their
abusers are incarcerated for several reasons: 1)
to deter other women from believing that they can
similarly resist; 2) to reinforce in women the
belief that they have no right to their own
bodies' integrity and no right to defend against
or resist male attack; and 3) to protect and
assert men's power over women." Even the
Govenor of Ohio felt that to pardon thirty-five
women who had been imprisoned as a result of
violence towards husbands and other men who had
abused them.
Women are confined in a system designed, built
and run by men for men, according to a fall 1990
issue of Time magazine. Prison authorities say
that because the numbers of women have been so
low, there are no, "economies of scale"
in meeting women's needs, particularly their
special need. Therefore women suffer accordingly,
they say. There are a wide range of institutions
that incarcerate women and the conditions vary.
Some women's prisons look like small college
campuses which may remind one of the historical
legacy of the reformatory movement. Bedford Hills
state prison in New York and Alderson Federal
Prison in West Virginia are two such
institutions. Appearances, however, are
deceptive. For instance, Dobash describes the
"underlying atmosphere of such a prison is
one of intense hostility , frustration and anger.
Many institutions have no pretenses and are
notoriously overcrowded and inadequate. The
California Institution for Women at Frontera
houses twenty-five hundred women in a facility
built for 1,011. Overcrowding sometimes means
that women who are being held for trivial
offenses are incarcerated in maximum security
institutions for lack of other facilities.
Women's prisons are often particularly
ill-equipped and poorly financed. They have fewer
medical, educational and vocational facilities
than men's prisons. Medical treatment is often
available, innappropriate, and inconsistant. Job
traing is also largely unavailable but when
opportunities exist, they are usually traditional
female occupations. Courses concentrate on
homemaking and low-paid skills like beautician
and launderer. Other barriers exist as well. In
an Alabama women's prison there is a cosmetology
program but those convicted of felonies are
prohibited by law from obtaing such licenses.
In most prisons, guards have total authority, and
the women can never take care of their basic
intimate needs in a secure atmosphere free from
intrusion. In the name of security, male guards
can take down or look over a curtain, walk into a
bathroom, or observe women showering or changing
her clothes. In Michingal there are male guards
employed at all women's prisons. At Huron Valley,
about half the guards are men. At Crane prison,
approximately eighty percent of the staff is male
and there are open dormitories divided into
cubicles. In one section the cubicle walls are
only four feet high and there are no doors or
curtains on any cubicles anywhere at Crane. The
officers' desks are right next to the bathroom
and the bathroom doors must be left open at all
times. Male guards are also allowed to do body
shakedowns where they run their hands all over
the women's bodies.
Incarceration has serious and particular
ramifications for women. Eighty percent of women
entering state prisons are mothers. By contrast
sixty percent of men in state prisons are fathers
and less than half of them have custodial
responsibility. These mothers have to undergo the
intense pain of forced separation from their
children. They are often the sole caretakers of
their children and were the primary source of
financial and emotional support. Their children
are twice as likely to end up in foster care than
the children of male prisoners. Whereas when a
man goes to prison, his wife or lover most often
assumes or continues to assume responsibility for
the children, the reverse is not true. Women
often have no one else to turn to and are in
danger of permanently losing custody of their
children. For all imprisoned mothers the
separation from their children is one of the
greatest punishments of incarceration, and
engenders despondency, feelings of guilt and
anxiety about their children's welfare.
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