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Week Nine

Word Count: 708

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It is reported that female offenders are consistently likely to receive more leniency in sentences in comparison to male offenders (Franklin & Fearn 2008).  This is consistent with my own assumptions that men were more frequently imprisoned by courts than women. This unconscious bias, I believe, has formed through my preliminary studies is criminology which have revealed higher conviction rates of males who commit crimes, as well as the prevalence of male-committed crime generally. in addition, my studies in law and particular criminal law frequently involve reviewed male-dominated criminal judgments.  Focusing on the issue of sentencing, my knowledge of legal process includes an understanding of the discretionary powers provided to judges when sentencing defendants. Considering recent media coverage of criminal cases, social factors such as dependent children have resulted in mandatory sentences being set-aside, and the two female offenders returned to the community. This demonstrates the discretionary powers provided to judges.

Research has been undertaken to understand and build upon the role of sex in the sentencing of offenders. Franklin and Fearn (2008) and Jeffries & Bond (2010)

discuss a theory around the historic role of chivalry and how it interacts with the legal system. The theory suggests that society views women as incapable and reliant upon men (Franklin and Fearn, 2008).  It is suggested that the perceived fragility of women is evident when sentencing same for criminal actions (Franklin and Fearn, 2008).  Interestingly, Franklin and Fearn, (2008) report that the leniency provided to female offenders is not applied to women of ethnicity. The exclusion is also suggested by Franklin and Fearn (2008) to include those dependent on social services.

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The above image relates to a recent Victorian County Court decision. This case involved two women who physically assaulted two on-duty paramedics that were at the time rendering assistance. The two women were intoxicated at the time of the incident and inflicted serious injury upon one paramedic. This particular matter was an appeal from an early Magistrate Court decision to impose the mandatory sentence of six months imprisonment on the two offenders. The County Court elected to set-aside the earlier sentence and impose community-based corrections upon the two offenders. The judge elected to apply the discretionary abilities to set aside the mandatory sentence. The judge determined factors such as the women’s young children, mental health and socio-economic situations required the discretion be applied. The public response to this case has been of interest. A petition with over 300,000 signatures has is in circulating demanding the decision be appealed further. Is this the public showing distaste towards the discretionary abilities provided to judges? Tougher sentencing has now been promised for violent offences against our paramedics; but what would be the result if the discretionary awarded to judges is more broadly removed. Could there in face be an increase in punitive sentences against women?

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The chivalry theory is consistent with hegemonic masculinity theory pioneered by Raewyn Connell. Hegemonic masculinity seeks to separate itself from femineity. By imposing a reduced sentence for females, the severity of the crime is arguably subsided. Could this be because the offence was committed by a woman, thus minimising the femineity of the crime? A female committing a crime therefore may feminise the offence. The chivalry theory recognises women as being incapable. The perception that women are incapable of performing criminal acts similar to their male counterparts ensures women remain inferior to males in all arenas, including the committing of crimes.  Franklin and Fearn (2008) suggestion that disadvantaged women are not provided the same level of leniency is not consistent with the Victorian case reported above. Rather, this case highlights the consideration towards disadvantage made in judicial discretion. It is apparent that further research should focus upon decision makers perceptions of gender in today’s society. This research should focus upon the judges own conscious and unconscious biases towards women, in comparison to relevant criminal convictions against female offenders.

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Cross, A. (2018). Sign the Petition. [online] Change.org. Available at: https://www.change.org/p/daniel-andrews-we-demand-the-sentencing-be-reviewed-mandatory-is-mandatory [Accessed 25 May 2018].

Franklin, C. A., & Fearn, N. E. (2008). Gender, race, and formal court decision-making outcomes: Chivalry/paternalism, conflict theory or gender conflict?. Journal of Criminal Justice, 36(3),

Jeffries, S., & Bond, C. E. (2010). Sex and Sentencing Disparity in South Australia's Higher Courts. Current Issues in Criminal Justice, 22(1),

Sutton, C. (2018). Outrage grows over women spared jail on vicious ambo attack. NEWS.com.au. [online] Available at: https://www.news.com.au/national/victoria/crime/victorian-ambo-appalled-as-attackers-spared-jail/news-story/dd5c4b65160c1dc4ffdab8e9d739d930 [Accessed 25 May 2018].

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Week Ten

Word Count: 579

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Prior to engaging with this week’s content, my previous research in to the theory of hegemonic masculinity has demonstrated the theories prevalence in the male prison setting. Through understanding some characteristics of hegemonic masculinity (toughness, competitiveness and participation in heterosexual experiences (Connell, 1990; Luise, Luisi, & Geana, 2016), it is clear that in a setting such as prison whereby individual liberties, responsibilities and freedoms are revoked, that the traits of hegemonic masculinity can be heightened. Demonstrations of strength and toughness are vital in the prison environment as social orders are determined by proving these characteristics. (Michalski, 2017).  Competitiveness and toughness form part of the social structure of a prison, whereby those who excel in these areas are also considered powerful and influential.

De Vigianni (2012) considers the prison environment to establish relations of dependency between prisoners and the institution. This dependency of course, relinquishes the perceived power and independence from those inmates that prescribe to the hegemonic masculinity theory.  Therefore, social status becomes a key driver in the prison environment. Those who are violent can be at the top of this chain (De Vigianni, 2012).  Thus, demonstrations of hegemonic masculinity traits such as toughness are still relevant in a world absent from freedom.  De Vigianni (2012) described men in prison as putting on a ‘front’ when it comes to demonstrating to other prisoners their masculinity in order to protect themselves. Moreover, De Vigianni (2012) cited prisoners detailing specifically that whilst incarcerated, men act differently. The false façade inmates present is simply a survival tactic (De Vigianni, 2012). There is no doubt that the prison setting is fearful place. But fear also plays a role in hegemonic masculinity. Whitehead (2005) reports that demonstrations of toughness exemplifies courage when a man is placed in positions of fear. Whitehead (2005) further linked that being the hero in such a situation amplified a man’s status in the hierarchical structure of masculinity; he demonstrates what it takes to be a man. The importance of social status in prisons and its reliance on toughness ensures the existence of hegemonic masculinity. The role of fear increases the existence of hegemonic masculinity when reacted to with violence. Given the fearful environment of prisons, violence therefore ought to be assumed as common.

Importantly, we must consider hegemonic masculinity outside of the prison context to better combat is undesirable characteristics. Hegemonic masculinity is not a product of prison, it is rather a product of perceived societal opinion towards men, and the role of a man. These perceptions are influenced by society on to others (Connell and Messerschmidt, 2005).

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The above article by Nikki Gemmell describes the need to change Australia’s toxic masculinity culture. Gemmell, details her own experience with a hateful self-entitled middle-aged man, while with her small child. Gemmel speaks of the need to change this sense of mightiness demonstrated by Australian males. It is suggested that an approach discussed in the works of sociologist and author Michael Kimmel be adapted. This approach teaches young people what being a ‘good man’ takes, as opposed to a ‘real man’ approach currently existent in our society. Whitehead (2005) consider displays of violence to be consistent with what it takes to be a real man. The idea of discussing the idea of a ‘good man’ could therefore seek to eliminate some undesirable trait. Importantly, there of course would need to be a consistency with the understanding of what exactly is a ‘good man’.

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Connell, R. (1990). An Iron Man: The Body and Some Contradictions of Hegemonic

Masculinity. In M. Messner & D. Sabo, Sport, Men, and the Gender Order (pp. 83-95). Champaign: Human Kinetics.

Connell, R., & Messerschmidt, J. (2005). Hegemonic Masculinity. Gender & Society, 19(6).

De Viggiani, N. (2012). Trying to be something you are not: Masculine performances within a prison setting. Men and Masculinities, 15(3), 271-291.

Gemmell, N. (2018). Why toxic masculinity is on the rise. The Australian. Retrieved from https://www.theaustralian.com.au/life/weekend-australian-magazine/why-toxic-masculinity-is-on-the-rise/news-story/3305c67615548452206152f636084841.

Luisi, M., Luisi, T., & Geana, M. (2016). Homosexuality and the Heartbeat of a Locker

Room: An Analysis of Quotations in the Context of Hegemonic and Inclusive

Masculinity Theories. Journal Of Homosexuality, 63(10), 1314-1338.

Michalski, J. (2015). Status Hierarchies and Hegemonic Masculinity: A General Theory of Prison Violence. British Journal Of Criminology, 57(1), 40-60.

Whitehead, A. (2005). Man to Man Violence: How Masculinity May Work as a Dynamic Risk Factor. The Howard Journal, 44(4), 411-422.

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Week Eleven
Word Count: 620

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The Netflix hit serious Orange is the New Black depicts fictional drama in an American female prison. The serious of course includes elements of prison life in a normal sense through familiar surroundings and criminal background stories. The serious has of course left me curious as to the real experience of female prisons outside of the fictional storylines built solely for ratings.

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The number of Australian female inmates was reported to have risen 77% in the period between 2007 and 2017; most of which can be attributed to the growth of female indigenous Australians (Russell & Eileen Baldry, 2017).  For the period of 2001 to 2012, illicit drug offences make up the majority of female incarcerations following sentencing (Jeffries & Newbold, 2016).  Australia is indeed a party to the global ‘war on drugs’ and currently, accordingly to any current affairs programme, in the period of a drug epidemic. Further studies could seek to link the link in drug sentencing with its believed use increase.

In considering the Victorian female prison population, the majority of inmates come from disadvantage backgrounds such as victims of abuse (Seagrave & Carlton, 2010). Within their writing Seagrave and Carlton (2010) discuss the experiences of trauma shared amongst female inmates. They consider that most female inmates have experiences trauma in the form of sexual, physical, and psychological abuse. In fact, all woman who participated in Seagrave and Carlton (2010) writings excluding one were victims of domestic violence. One inmate described their life experience as a cycle, whereby herself and her descendants experienced instances of violence, leading to a life of crime. A common theme throughout Seagrave and Carlton is the role of drug-abuse amongst female inmates. Further research ought to be considered specifically examining drug use, violence and crime amongst female victims of family violence.

Of concern for female inmates is the prison environment itself. Social workers report that the system itself fails these women, given the limited access to health care, the prevalence of drugs and more (Seagrave & Carlton, 2010). Of more concern, is the prevalence of re-offending by female inmates. Some female offenders were reported to consider prison as a break from the struggles of everyday life (Seagrave & Carlton, 2010).  This highlights a significant flaw in the social services available to women outside of prison, whereby they seek imprisonment as a form of relief from their everyday struggles.   It is believed that the trauma experienced by female inmates are ignored whilst incarcerated (Seagrave & Carlton, 2010). This is despite being, arguably, a considerable contributing factor to their offending. It is clear focus must be paid on the histories of female inmates to better improve their chances of rehabilitation. While transitional programmes do exist in the prison setting Seagrave and Carlton (2010) consider these as failing.

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To assist with transitioning, some South Australian female inmates are receiving vocational training and real-time experience in job positions whilst incarcerated. Inmates in the program report feeling their confidence has returned, leading to excitement in returning to society, albeit job ready (Winter, 2018).  It is initiates such as these which must be implemented. Given the reported use of prison as a coping mechanism from the struggles of life, by implementing schemes which provide education and job support, participants are likely to find stability following stable employment. It is imperative that programs such as the South Australian model continue to provide support well in to the inmates’ release. Seagrave and Carlton (2010) outline the increased feelings of loneliness by former inmates, reporting that it leads to further drug use. By implementing new initiatives and ensuring that adequate counselling extends past an inmates’ date of release, statistics may start to reveal a decrease in female imprisonment.

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Jeffries, S., & Newbold, G. (2016). Analysing trends in the imprisonment of women in Australia and New Zealand. Psychiatry, Psychology and Law, 23(2), 184-206.

Russell, S., & Baldry, E. (2017). In charts: How Australia's prisoner population is booming. ABC News - Opinion. Retrieved from http://www.abc.net.au/news/2017-06-14/australias-booming-prison-population-in-three-charts/8616876.

Segrave, M., & Carlton, B. (2010). Women, Trauma, Criminalisation and Imprisonment... Current Issues in Criminal Justice, 22(2), 287-305.

Winter, C. (2018). Adelaide jail project giving women skills and a bit of luxury. ABC News. Retrieved from http://www.abc.net.au/news/2018-05-21/program-for-women-in-prison/9775858.

Women's Voice for Change. (2018). Netflix Orange is the New Black [Image]. Retrieved from http://womensvoicesforchange.org/wp-content/uploads/2015/07/ORANGE.png.