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The question covers Question 3 in the 'in-class' test.
Intersectionality has put forward the argument that the interconnected identities of individuals, and the way these identities are perceived and responded to by others, must be a necessary part of any analysis.
Main points:
Gender-
New theories are required that address these phenomena and that are devoid of stereotypical or debasing underpinnings.
Intersectionality and Criminology provides a comprehensive review of the need for, and use of, intersectionality in the study of crime, criminality, and the criminal legal system.
The question requires you to:
Offered perhaps the most influential statement on the diversity of women’s pathways to crime (Daly 1992):
Economic Offenders
Battered Women
Crimes quite unlikely except for violent Significant Other, Similar to “1”, escapes and then commits minor crimes for survival
Harmed and Harming Women
Extreme child abuse/neglect - lifelong abuse.
Drug-connected Women
Street Women
Escape abuse, sexual victimization, runaways.
More awareness of the transition periods females pass through and the vulnerabilities at these point could allow for more effective, targeted early identification.
The court held that the decision to keep her in the male estate interfered with article 8 (as she could not live in role and so could not progress to full gender reassignment), and that the interference was not proportionate.
The judge held that a male to female transsexual prisoner with a GRC had to be transferred to the female estate even though one of her index offences was attempted rape of a woman.
-The risk posed to women is not 'exceptional' enough.
Currently held at HM Prison Leeds, a category B men’s prison, and is undergoing gender reassignment surgery.
The decision to move White to a women’s prison was made public after she admitted in court to the sexual assault and to multiple rapes committed before she was sent to prison.
White entered the UK prison system as transgender. However, despite dressing as a woman, the 52-year-old had not undergone any surgery and was still legally a male. In September last year she was transferred to New Hall prison in West Yorkshire. During a three-month period at the female prison she sexually assaulted two other inmates.
One being- 'Gender Reassignment'
You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.
To be protected from gender reassignment discrimination, you do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender.
Nine 'Protected Characteristics'
promotes a fair and more equal society.
Provides a legal framework to protect the rights of individuals and advance equality by protecting individuals from unfair treatment.
Evident in the range and diversity of 'gender' and 'sexuality'.
Comack (1999) suggests that a large part of the reason for feminists’ marginalisation from the mainstream discipline rests on the dualistic construction:
Men as Offenders
Women as Victims
When they were considered, the analysis tended to see female crime as a special case which resulted from characteristics linked to biology.
Before the emergence of the feminist perspective, women were largely invisible in sociological research.
Most crimes committed by women seem to be of a comparatively trivial nature.
Women tend to commit fewer crimes than men, so female offenders are seen as less of a problem for society.
the visibility of such vulnerable groups
the unequal relations that exist between men and women and emphasise the gendered nature of the CJS
greater discussion about the location and enactment of power
the experiences of vulnerable groups