History of Sexism: Features in the Legal System Essay

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Introduction

Sexism is a term that was first used in the middle of the 20th century for the very first time. It is the conviction that a certain gender is inferior or does not have much value to the other. It is mostly referenced towards women being inferior to the male counterparts. It also related to extreme dislike, or discrimination towards another sex. Sexism is the use of stereotype of chauvinism when related to men and women. It has been widespread in many societies and thus many movements have come up to fight against sexism especially against women. (Humphries, 2009, p.274) The criminal justice system does not address sexism and discrimination against women.

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The criminal justice system is exploitative toward women

In her book titled, Feminism for the Mainstream Criminologist: An Invitation (Humphries, 2009, p.275) Flavin argues that the criminal justice system is exploitative as it is racially disruptive, limited and incomprehensive especially on women matters. The criminal justice system should deal with issues of inequalities in gender, race and class. The criminology issues have been created based on the male gender while women issues are not addressed. Women are discriminated against when it comes to crime due to their sex thus this sexism sways the sentencing and the punishment given. Female victims that have been exposed to violence do not receive justice and the necessary support. The justice system is inadequate on women issues with little progress having been made on various matters affecting women. (Dahl, 1986, p.238)

Women rights should be addressed

Flavin confronts the dominance of criminology by implying that in order to comprehend the basis of crime one must integrate both the male and female perspectives. This has not been the case, women are overlooked or treats gender as uneven. The women prisons do not have sufficient programs like the male prisons which brings another controversial issue to criminologists. The prison staff violates women and the justice system is not doing enough to convict these criminals. They undergo a lot of humiliation in these prison cells from the male gender while they are helpless to do anything. The prison system should employ more women in the women facilities to avoid cases of violence against women inmates. (Feinman, 1981, p.384)

The justice system has treated women’s responsibility in crime with lack of concern disregarding them for their weaknesses of obedience and submissiveness. Women who are strong and involved in activities that are associated with men are considered lost and abnormal. Women are expected to stay at home and are not supposed to engage in criminal activities. Such theories that have been in place for a long time have contributed to the slow reforms of the criminal justice system on women rights. Women have been discriminated against within the various justice systems all over the world. It is important for the criminal justice system to be reformed to include women issues in order to avoid gender violence and discrimination. (Edwards, 1997, p.14)

Examples on how these rights are being neglected

Studies have shown that women are being discriminated while working within the justice system. Women working as police officers are not treated as their male counterparts in various places. Women are not promoted for years consistently as their male counterparts and this clearly shows the inequality gap within the justice system. In a number of police forces for instance, both male and female are issued with the same measurements for police uniforms without any regard for the shape of the female body. This ignores the needs of women within justice systems that should be addressed to ensure gender equality is achieved.

The criminal justice system requires women just like women require the criminal justice system. Women should have a great representation in the justice system mainly in the senior positions in order to allow for women needs to be addressed effectively. (Acker, 1990, p.139)

Sexism has resulted in having female victims of violence not achieving justice and safety. It also blocks the women out of the senior positions in the justice systems and women being imprisoned for non-violent crimes. The idea on how a ‘proper victim’ should act persists and thus women who have been exposed to sexual violence eventually look like the perpetrator instead of the victim. Women within the justice system are paid less than the men which should not be the case since they have the same qualifications. Women continue to fight for their rights in a society of gender discrimination and sexism. The system fails to protect women in all sectors of the justice system since it is designed for the men. (Edwards, 1997, p.15)

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Women prisons have doubled over the years because the required procedures have not been put into place to protect women. Women are being convicted for minor crimes and jailed because the justice system does not address their issues. They are supposed to be protected and not violated within the institutions. Many women face years in prison because they fought back in the face of gender violence against them. The law should look in detail and the male who try to violate them should be punished and not the other way round. Such issues on female protection and security should be incorporated within the justice system to ensure fairness and equality. (Acker, 1990, p.140)

There are reports that women receive more cruel treatment than men because the system believes that they have not just committed crimes but also they have dishonored gender role prospects. This difference in the way they are sentenced poses the question whether equality can be achieved. This is the result of sexism and discrimination within the justice systems. The women are not valued and their cases are considered to be of no much importance thus they are not looked into in detail. This leads to violation of women rights because they do not receive fair treatment that they deserve. The justice system should incorporate the issues of women and gender discrimination should be addressed at length. (Feinman, 1981, p.385)

Flavin and other scholars have advocated for gender equality within our justice system. Women are supposed to receive equal treatment with men during prosecution and punishment. Many women have been convicted unfairly because they fought back violence and other forms of discrimination towards them. The government should ensure that the laws have been changed to suit both women and men. Women have been branded as weak and that their place is in the home. However, many women are taking up positions within the justice system and their needs should be addressed. There should be total transparency in how issues regarding women are dealt with within the criminal justice system in order to ensure that those who violate women get the required punishment. (Dahl, 1986, p.240)

Conclusion

Sexism has been around for many years which has dragged women down for a long time. In many areas within the social system, sexism has been experienced by many especially women who are regarded as vulnerable and weak. The criminal justice system has not been an exception and gender discrimination has been felt in full in this sector. There have been many cases where the justice system has failed the women folk due to the stereotype that has been placed among women by their male counterparts. There should be consistency and the justice system should be reformed to ensure that women’s issues are protected and addressed. Women are fighting for their rights and the fight against sexism will continue until the issues that concern women are addressed within the justice system including other sectors.

References List

Acker, J. (1990). “Hierarchies, Jobs, Bodies: A Theory of Gendered Organizations.” Gender and Society 4:139-58.

Dahl, T. S. (1986) “Taking women as a Starting Point: Building Women’s Law.” International Journal of the Sociology of Law 14: 239-247.

Edwards, A. (1997). “Male Violence in Feminist Theory: An Analysis of the Changing Conception of Sex/Gender Violence and Male Dominance.” in Women, Violence and Social Control. (Pp. 13-29). Atlantic Highlands, NJ: Humanities Press International.

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Feinman, C. (1981). “Sex-Role Stereotypes and Justice for Women.” in Women and Crime in America. (Pp 383-391).New York: Macmillan.

Humphries, D. (2009). Women, violence, and the media: readings in feminist criminology. (Ed.)Northeastern series on gender, crime, and law, (pp.124-279). UPNE.

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IvyPanda. 2021. "History of Sexism: Features in the Legal System." December 22, 2021. https://ivypanda.com/essays/history-of-sexism-features-in-the-legal-system/.

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