Women Offenders in the Criminal Justice System: Challenges and Implications

THEME: WOMEN IN THE CRIMINAL JUSTICE SYSTEM TOPIC: WOMEN AS AN OFFENDER IN THE CJS CIC812S_NGAIRO FN_ 201068699_A1-A5 LECTURER: DR HJ BRUYNS DATE 20 /10 2019 WELCOME

OUTLINE Introduction Historically background Profiles of women as offenders Legal Framework Implication in terms of effects CJS Issues emerged as a key of concern Long-terms implications Operational impacts Strategic intents to bring the desired change. Conclusion References OUTLINE PER COURSE PACK

INTRODUCTION The Criminal Justice System (CJS) is constitutes of the Police; Courts/Judiciary System and Corrections. The system was designed and intended for men only. Women In the CJS 46 46 8 Employees Offenders Victims of Crime ROBINSON & RICHARDSON, 1997, P. 54; TRICKSON & BRIGHT, 2017, P. 1;

HISTORICALLY BACKGROUND Patriarchy is a familial-social, ideological, political system in which men by force, direct pressure or through ritual, law and language, customs, etiquette, education and the division of labour, determine what part women shall or shall not play and in which the female is everywhere subsumed under the male. This does not necessarily imply that no woman has power or that all women in a given may not have specific powers. culture Statistics- less than eight percentage in prison population around the globe. RICH (1977, P. 57); NATIONAL STATISTICS,( 2018, P. 3)

PROFILES OF WOMEN AS OFFENDERS Women are either disproportionately women of colour or black; In their 30s, as well as delinquency; Likely to be convicted of a drug-related offences; From dysfunctional families with criminal records, Survived physical and sexual abuse as a child and adults; Probably with significant substance abuse problems; Single mothers with minors; With limited educations and work history. BLOOM, OWEN AND COVINGTON (2003, P. 8)

LEGAL FRAMEWORK The Namibian Constitution Namibian Police Act (19 of 1990) Namibian Correctional Service Act (Act 9 of 2012). Namibian Correctional Service Regulation Criminal Procedure Act, 1977 (Act 51 of 1977) Nelson Mandela`s Rules (UN Conventions & Beijing rules)

IMPLICATIONS IN TERMS OF EFFECTS IN THE CJS Implications experienced in the past such as the mixing gender staffing; Security searches; Separation in terms sexual abuse while in the system; Accommodations in holding cells or prisons; Access to education, training and work; Pregnancy, childbearing and antenatal care; Health care and hygiene especially for women and involvement in non- governmental organisations; And preparation for release. UNITED NATIONS (2005, PP. 150-155) ; UNDOC (2014, PP. 48, 74) ; COVINGTON (2003, P. 12).

ISSUES EMERGED AS A KEY OF CONCERN Legal Provisions for vulnerability social order, women are un educated, forced to sex, and others; not aware of legitimate rights and thumbs statement without conscious of the implications. History of victimization- victim of domestic violence or abuse; suffer from mental disabilities. Health-care services 'needs-discrimination in accessing health-care due gender or affordability; untreated condition leads to death and infections; accessibility to specialist care for women. UNDOC (2014, PP. 8, 14)21

ISSUES EMERGED AS A KEY OF CONCERN CONTINUES:.. Policies and Regulations (Safety)- Subjected to sexually and degrading treatment by law enforcement agents. Usually rape and spying women in showers happen regular; transgender; re-traumatise by male official presence in the units. Family Contact as Mother- Wings and units; distance for families visits; and children become a burden to welfare system; relative and CJS as become delinquency. Gender-Responsive Programs/Treatment- Stigmatization; unprepared for integration and rejection; loss of parental rights. UNDOC (2014, PP. 8, 14, 21)

LONG-TERMS IMPLICATIONS Vulnerability- prevention of new incidents psychological effects Victimisation - prevention of further victimisation recidivism and incidents Criminalisation- prevention of long-terms imprisonment - stigmatisation Women as Mothers protection of offspring, preservation of relationships and rights- Health Care Service- addressing past condition and preventing reoccurring of new death or disability Rules and Regulation- protecting the rights and preserving order - lawsuits Gender-Responsive Programs- addressing specific need and avoid systematic provision- recidivism. BLOOM, OWEN & COVINGTON ( 2003, P. 8)

OPERATIONAL IMPACTS Vulnerability - prevention of further abuse to prevent bad publicity and lawsuits Victimisation - use of discretion power Criminalisation - application of diversion irrespective of policies in place. Women as mothers and treatments provision of pre and post natal care to prevent poor development and family ties preservation. Infrastructure, Policies and Regulations- Proper units provisions; discretion in policies application and rules. Example searching policy; prison labour policy and etc. UNODC (2014, PP. 7-15)

STRATEGIC INTENTS Vulnerability (economic, abuse and treatment); Victimisation (systematic, supervision, trauma); Criminalisation (investigation, sentencing & security-level); Motherly position (visitation & baby`s needs); Infrastructure (male`s wings or units), Rules (searching & contact-visitation and supervision); and Regulations (classification & assessment); and Treatment programs (health-care, rehabilitation and recently programs). UNODC, 2014, P. 25; TRICKSON & BRIGHT, 2017, P. 3; ATKIN-PLUNK & ARMSTRONG, 2018, P. 1; MALLICOAT, 2019, P. 2

CONCLUSION The CJS around the globe and the NCJS is indeed a male dominants. Women in the system is a reality and a need to be embraced not a problem. Individuals in management especially for female as offenders need special training and empowerment to implement the needed change. Female offender need a gender responsive treatment and not what is available in the system. Evidence based practices should be welcomed and not be treated with hostility. Women take a lead to celebrates the change by becoming change agents. AUTHOR

REFERENCES Bloom, B.E., Owen, B., & Covington, S.S. (2003) Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders. National Institute of Corrections. U.S Department of Justice. Retrieved on 02/08/2019 from https://www.mdrc.org/publication/...gender-responsive-principles- practice/file-full Mallicoat, S. (2019). Women, gender and crime: Core concepts. Sage Publication, Inc. Retrieved on 28/07/2019 from us.sagepub.com/en-us/nam/women-gender- and- crime/book244809 Trickson, L., & Bright, C.L. (2017) Bringing Gender-Responsive Principles into Practice: Evidence from the Evaluation of PACE Centre for Girls. MDRC Research Brief. Retrieved on 02/08/2019 from https://www.mdrc.org/sites/default/files/PACE_brief_March2017_web.pdf UNODC, (2014). Handbook on Women and Imprisonment: 2nd edition, with reference to the United Nations Rules for the Treatment of Women Prisoners and Non- custodial Measures for Women Offenders (The Bangkok Rules): CRIMINAL JUSTICE HANDBOOK SERIES. Retrieved on 13 /08/2019 from https://www.unodc.org/documents/justice-and-prison-reform/women_and_imprisonment_-_2nd_edition.pdf Wolfenden, S. (2015) Female Offenders VS Male offenders: How does the experience of female offenders differ from male offenders and what does this mean for the Criminal Justice System. Retrieved on 02/08/2019 from: https://www.academia.edu/.../FEMALE_OFFENDERS_VS_MALE_OFFENDERS_How_Do... LIST OF REFERENCES