This chapter applies the theory of symbolic interactionism to present the qualitative analysis of 51 sentencing decisions in domestic violence homicide cases processed in Polish courts. It is argued in this chapter that sentencing, like any other human action, is subject to interpretations at the hands of judges, who engage in the construction and meaning-making process of gender at the sentencing stage. The findings demonstrate the diversely-constructed presence of gendered narratives, which vary in terms of their inclusion of the domestic violence terminology and/or the discussion on the fulfilment of socially-prescribed gender roles. The analysis has exposed a powerful interplay between the judges’ perception of the (abusive) relationship, gender roles, and the defendant’s/victim’s acquiescence to them, which in consequence makes women more likely the subject of double standards of conformity. The chapter offers a qualitative outlook on the topic and invites a new theoretical perspective to shift the attention from the impact of gender – to the meaning of gender – in sentencing decisions.
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Huiselijk geweld lijkt sterk toe te nemen tijdens de Covid-19 pandemie. Wat opvalt in de berichtgeving, is dat er stelselmatig wordt uitgegaan van mannelijke daders en vrouwelijke slachtoffers. Is dit wel terecht? In dit artikel beschrijven Vivienne de Vogel en Kasia Uzieblo dat ook vrouwen huiselijk geweld plegen en gaan ze in op de weerstand in de maatschappij om vrouwen als pleger én om mannen als slachtoffer te zien van huiselijk geweld. The prevalence of domestic violence seems to be increasing during the COVID-19 pandemic. In most media coverage and calls for preventive initiatives from professionals and policy, males are consistently portrayed as perpetrators of domestic violence and females and children as victims, also by leading organizations like the WHO. However, research has clearly shown that there are more types of domestic violence, like sibling and elder abuse and that women are also capable of serious violence towards their family. The current article aims to summarize the literature on gender and domestic violence, and to discuss the societal reluctance to acknowledge females as potential perpetrators, and males as potential victims.
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Women and girls represent only a minority in the penitentiary system and in forensic mental health care. About 6%–10% of both prison and forensic psychiatric populations in Western countries comprise women (see for the most recent offi cial statistics in the UK w ww.gov. uk/government, in Canada w ww.statcan.gc.ca, and in the US w ww.bjs.gov) . However, there seems to be widespread agreement that in the past 20 years female offending has been on the rise, especially violent offending and particularly among young women ( Miller, Malone, and Dodge, 2010; M oretti, Catchpole, and Odgers, 2005) . Overall, a disproportionate growth of females entering the criminal justice system and forensic mental health care has been observed in many countries (for reviews, see Nicholls, Cruise, Greig, and Hinz, 2015; Odgers, Moretti, and Reppucci, 2005 ; Walmsley, 2015) . In addition, it should be noted that the ‘dark number’ for women is suggested to be bigger than for men. Offi cial prevalence rates of female offending might constitute an underestimation as women usually commit less reported offences, for example, domestic violence (N icholls, Greaves, Greig, and Moretti, 2015) . Furthermore, it has been found that – if apprehended – girls and women are treated more leniently by professionals and the criminal justice system. Generally, they receive lower prison sentences and are more often admitted to civil psychiatric institutions instead of receiving a prison sentence or mandatory forensic treatment after committing violence ( Javdani, Sadeh, and Verona, 2011 ; Jeffries, Fletcher, and Newbold, 2003 ). Hence, although female offenders compared to male offenders are a minority, female violence is a substantial problem that deserves more attention. Our understanding of female offenders is hindered by the general paucity of theoretical and empirical investigations of this population. In order to improve current treatment and assessment practices, our knowledge and understanding of female offenders should be enlarged and optimised (d e Vogel and Nicholls, 2016 ).
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