The Legal Response to Women Co-offenders

The Legal Response to Women Co-offenders
Title The Legal Response to Women Co-offenders PDF eBook
Author Angelina Sarah MacLellan-Muise
Publisher
Pages 0
Release 2023
Genre
ISBN

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The purpose of this research was to explore the personal characteristics of the women co-accused in cases involving intimate partnership dynamics (i.e., IPV/coercive control). Secondly, the study aimed to explore the statutory and judicial responses to women co-accused of culpable homicide with their intimate partner in Canada. The goal of this research is to ensure just and proportionate treatment of women in the criminal justice system. A mixed-method approach was applied. Legal databases were searched using broad search terms to find Canadian cases of women co-accused of culpable homicide with their intimate partner from 1995 to 2021. Cases for which trial and sentencing decisions were available were analyzed. Analysis included reporting on demographic data, conducting a thematic analysis, and a case study approach. The results revealed that women's involvement in co-accused cases tends to be secondary versus being equally involved or acting as the principal offender. In most cases, however, they are sentenced similarly to their co-accused. The fact that these women often are convicted of the same crime and sentenced similarly to their co-accused may be attributed to a variety of reasons, including the narrow defences available in Canadian criminal law to women in coercive relationships, the legislative treatment imposed for secondary liability, mandatory minimum sentences and the challenges judges and other legal actors have in understanding various types of coercion and their impact on women. Consistent with previous research, the thematic analysis found that these women are most likely to be perceived by the judge as a "bad" woman, followed by a "sad" woman. Only a small proportion of cases mentioned intimate partner violence between the co-accused. In these cases, the defence of duress was rejected at trial and the judges did not believe that the violence endured mitigated the culpability of these women for the purpose of sentencing. This research identified how the legal and judicial system responds to women who are co-accused of culpable homicide with their intimate partner. The findings have important implications for sentencing and law reform and highlight a need to bring the legal processes in sync with psychological factors.

Coercion and Women Co-offenders

Coercion and Women Co-offenders
Title Coercion and Women Co-offenders PDF eBook
Author Charlotte Barlow
Publisher Policy Press
Pages 112
Release 2016-09-14
Genre Social Science
ISBN 1447330986

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This is the first book to study the role coercion plays as a pathway into crime for women who are arrested alongside other defendants. Drawing on court files and newspaper accounts, it analyzes four cases of women who were arrested alongside a partner and who argued in their defense that they had been coerced. Charlotte Barlow examines these cases from a feminist perspective that allows her to highlight the importance of gender expectations and gendered discourse in both the trials themselves and the way the media covered them.

Coercion and Women Co-offenders

Coercion and Women Co-offenders
Title Coercion and Women Co-offenders PDF eBook
Author Barlow, Charlotte
Publisher Policy Press
Pages 113
Release 2016-09-14
Genre Social Science
ISBN 1447330994

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What role does coercion play in women’s involvement in crime? This is the first book to explore coercion as a pathway into crime for co-offending women. Using newspaper articles and case and court files, it analyses four cases of women co-accused of a crime with their partner who suggested that coercive techniques had influenced their involvement in the offending. Based on a feminist perspective, it highlights the importance of gender role expectations and gendered discourses in how the trials were conducted, and the ways in which the media framed the trials (and the women). Considering the legal and social construction of coercion, this fascinating book concludes by exploring the implications for public understanding of coercion and female offending more broadly.

Perceptions of Female Offenders, Vol. 2

Perceptions of Female Offenders, Vol. 2
Title Perceptions of Female Offenders, Vol. 2 PDF eBook
Author Brenda Russell
Publisher Springer Nature
Pages 159
Release 2023-12-29
Genre Psychology
ISBN 3031456858

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This new edition is a nuanced exploration of female involvement in various crimes—from delinquency, domestic violence, sexual assault and homicide—that resonates with the pulse of contemporary society. In an age where many events are tweeted and debated online, this book delves into the intricate ways social media portrays female offenders and how this can distort public perceptions and effect legal outcomes. Volume two includes recent research and theory examining how female perpetration is intricately related to gender roles that persist within the criminal justice system and often lead to gender disparities in treatment, criminal justice response, and sentencing and calls into question long-held beliefs and systems that might not be as impartial as they appear. The compelling nature of this volume addresses the complex relationship between trauma and offending and examines crucial subjects like partner violence homicide and the unique challenges faced by trans-women within the criminal justice system, and examines the myths associated with female offending and how that bleeds into criminal justice response. It addresses theories that provide insight into female offending and sentencing and offers ways to generate gender inclusiveness. This volume invites researchers, practitioners, and advocates for justice to join a vital conversation and develop a more informed and equitable criminal justice response.

Women and the Criminal Justice System

Women and the Criminal Justice System
Title Women and the Criminal Justice System PDF eBook
Author Emma Milne
Publisher Springer
Pages 260
Release 2018-05-04
Genre Social Science
ISBN 3319767747

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Bringing together academics and professionals, this edited collection considers key issues in current criminal justice policy and practice related specifically to women to answer the important question: are women being failed by the criminal justice system? In a landscape where women’s involvement in the criminal justice system still tends to be ignored or lost in discussions about men, contributors place special emphasis on women as both victims and offenders. The chapters cover a wide range of topics relating to women and crime, including: violent and sexual victimisation, violent offending, sentencing and punishment, and rape myths. Since the peak of feminist criminal justice scholarship in the 1990s, the place of women in the criminal justice system has arguably slipped down the agenda and the authors of this collection draw on original research to make the compelling case for a swift remedy to this. Drawing on recent academic studies and professional experience to set an agenda for future research – as well as legal and policy reform – this book injects new life into the dialogue surrounding women and the criminal justice system. Innovative and timely, this collection of essays holds broad appeal to academics and practitioners, as well as students of criminology, criminal justice and law, and all those with an interest in feminism, justice, and inequality.

Perceptions of Female Offenders

Perceptions of Female Offenders
Title Perceptions of Female Offenders PDF eBook
Author Brenda Russell
Publisher Springer Science & Business Media
Pages 202
Release 2012-12-09
Genre Social Science
ISBN 1461458714

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​Female offenders are often perceived as victims who commit crimes as a self-defense mechanism or as criminal deviants whose actions strayed from typical ‘womanly’ behavior. Such cultural norms for violence exist in our gendered society and there has been scholarly debate about how male and female offenders are perceived and how this perception leads to differential treatment in the criminal justice system. This debate is primarily based upon theories associated with stereotypes and social norms and how these prescriptive norms can influence both public and criminal justice response. Scholars in psychology, sociology, and criminology have found that female offenders are perceived differently than male offenders and this ultimately leads to differential treatment in the criminal justice system. This interdisciplinary book provides an evidence based approach of how female offenders are perceived in society and how this translates to differential treatment within the criminal justice system and explores the ramifications of such differences. Quite often perceptions of female offenders are at odds with research findings. This book will provide a comprehensive evidence-based review of the research that is valuable to laypersons, researchers, practitioners, advocates, treatment providers, lawyers, judges, and anyone interested in equality in the criminal justice system. ​

Women, Crime and Criminal Justice

Women, Crime and Criminal Justice
Title Women, Crime and Criminal Justice PDF eBook
Author Rosemary Barberet
Publisher Routledge
Pages 266
Release 2014-04-16
Genre Social Science
ISBN 1135005745

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Women, Crime and Criminal Justice is the winner of the Division of International Criminology’s Distinguished Book Award 2014 and the Academy of Criminal Justice Sciences International Section's 2015 Outstanding Book Award and the first fully internationalised book to focus on women as offenders, victims and justice professionals. It provides background, as well as specialized information that allows readers to comprehend the global forces that shape women and crime; analyze different types of violence against women (in peacetime and in armed conflict); and grasp the challenges faced by women in justice professions such as the police, the judiciary and international peacekeeping. Provocative, highly topical, engaging and written by an expert in the field, this book examines the role of women in crime and criminal justice internationally. Topics covered include: the role of globalization and development in patterns of female offending and victimization, how a human rights framework can help explain women ́s crime, victimization and the criminal justice response, global women’s activism, international perspectives on violence against women, including femicide, violence in conflict and post conflict settings, sex work and sex trafficking, women’s access to justice, as well as the increased role of women in international criminal justice settings. This book will be essential reading for those involved in the study of development, human rights, governance, security sector reform, international relations and public health, as debates about these subjects are intrinsically linked to the issues surrounding women, crime and justice. It will also be useful for students taking courses on gender, crime and criminal justice, violence against women, international criminal justice and gender studies.