The Impact of Gender on Criminal Justice Policies and Legislation throughout the United Kingdom

Abstract

This article discusses the role of gender in the commission of crime, criminality, and harm prevention by critically examining the notion of crime within theories about women's and men's criminality, as well as the gendered nature of crime control policies throughout the United Kingdom (UK), England, Wales, and Scotland. Gender affects women and men and their criminality within criminal justice discourse and crime control policies. Throughout the literature, there has been a continued focus on women needing to be ‗repaired' when they commit crime because women are seen as having gone outside the traditional role of what it means to be female. On the other hand, the link between hegemonic masculinity and criminal behaviour among men is often ignored within criminal justice policies, highlighting the fact that men, in comparison to women, are viewed differently within criminal justice discourse, policies, and legislation. The concept of hegemonic masculinity and toxic forms of masculinity have not been prominent features in crime reduction or prevention policies. It will be argued that both women and men are failed by a system that does not engage with gendered power and harms within society, whether they be interpersonal or institutional. This creates a breakdown in the idea that women's or men's criminality can be understood and treated as such. Evidence suggests that focusing on the social factors that lead to crime, including the intersection of race with the above-mentioned paradigm, as well as the stereotypes that are associated with criminality, would improve outcomes for groups of women and men. This should be reflected within the criminal justice policy discourse, which is both gendered and racialized, to see a significant decrease in crime. The criminal justice system, on its own, is ill-equipped to reform and reduce criminal activity. A combination of targeted approaches that focus on the factors that lead to offending by women and men, respectively, is required to reduce the harm caused by criminals in the UK.