Word Count: 708

 

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.  

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].

Word Count: 579

 

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). 

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. 

 

 

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. 

 

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.