Spotlight on Criminal Justice: National Women’s History Month and National Criminal Justice Month – March 2024
March is National Women’s History Month and National Criminal Justice Month. The former celebrates “the courageous women who have helped our Nation build a fairer, more just society” while the latter seeks to “promote societal awareness regarding the causes and consequences of crime, as well as strategies for preventing and responding to crime.” In an effort to observe both, this month’s spotlight series will highlight the female pioneers in the criminal justice field; the benefits of hiring women in policing, courts, and corrections; and the initiatives and professional member organizations that continue to support the women in this male-dominated field.
Historical Women in Criminal Justice
During the month of March, we underscore the female “firsts” that deserve recognition for their groundbreaking work in the American legal system. These include, but are not limited to, Sandra Day O’Connor, the first female U.S. Supreme Court Justice; Alice Stebbins Wells, the nation’s first female policewoman with arrest powers; Arabella Mansfield, the first certified female attorney in the United States; Janet Reno, the first female U.S. attorney general; Jane Bolin, the first Black woman to graduate from Yale Law School, join the New York City Bar Association and the New York City Law Department, and to become a judge; Charlotte Ray, the first Black woman to practice law in the United States; Sonia Sotomayor, the first Latine person to serve on the U.S. Supreme Court; Ketanji Brown Jackson, the first Black woman and the first former federal public defender to serve on the Supreme Court; Penny Harrington, the first female police chief; and Freda Adler, a world renowned criminologist, former president of the American Criminological Society, and a consultant for the United Nations on issues of crime.
Despite the accomplishments of these women, females are still underrepresented in the criminal justice field. Eighty-seven percent of full-time police officers are male, 72 percent of corrections officers are male, 61 percent of lawyers are male, 66 percent of state judges are male, and two-thirds of federal court judges are male. The exception to the gender imbalance in the field is in the area of probation and parole, wherein women make up 54 percent of the workforce. Probation and parole began with a social-work orientation and never established the rigid male subculture that is typical for other areas of the legal system.
Contemporary Women in Criminal Justice
A substantial body of research indicates that female criminal justice professionals experience vertical and horizontal segregation from their male counterparts owing to the patriarchal structure and military-style organization of the system. Men occupy more positions of power and women are paid less and have fewer opportunities for advancement. Under the assumption that women are not as physically capable of performing hyper-masculine work in dangerous environments, they are concentrated in certain roles like family court for female judges and positions in women and girls correctional facilities for female corrections officers. Despite this bias, studies show that women are not more likely to be assaulted or injured than their male peers; they have lower inmate-staff assault rates; and receive fewer use-of-force and citizen complaints. Further, they are equally effective at their job, have a normalizing influence, inspire more trust in the community, make fewer discretionary arrests, and their presence is associated with reduced violence and less conflict in general. They are more likely to use verbal de-escalation strategies and communication, while their male colleagues are more likely to threaten or use physical force.
There is also evidence that female victims of domestic violence and sex crimes may be more likely to report the crime to a female officer and that there was a significant reduction in intimate partner homicides in districts with more female officers. Rape denialism is common in police departments and can thwart efforts to investigate, arrest, and prosecute perpetrators. In some cases, such as those portrayed on Victim/Suspect, the victim is wrongfully accused and charged with filing false reports; in others, as exemplified by American Nightmare, the case is solved because a female officer believes the victim and engages in the diligent work needed to bring the perpetrator to justice.
It is within this context that there has been a growing push to reduce gender disparities in the criminal justice field and to increase support for females in the profession.
The 30 x 30 Initiative
Amid national staffing shortages in policing and corrections, departments are increasingly turning their attention to recruiting and retaining female officers. Approximately 300 police departments have joined the 30 x 30 initiative, pledging to have at least 30 percent of their recruits be women by 2030. In addition to the aforementioned benefits of employing women in law enforcement, the initiative asserts that “under-representation of women in policing undermines public safety.” Thirty percent is identified as the threshold wherein change begins and agencies become representative of the communities they serve. The initiative emphasizes that while the focus is on advancing women in policing, the flexible framework and principles are applicable to all demographic diversity, not just gender. But, in order for this vision to become a reality, women and other marginalized groups need to feel supported in their work.
Professional Member Organizations
Men and women can be equally effective in the performance of their job duties, but that does not mean that they have the same professional concerns and needs for support. Women routinely encounter harassment, discrimination, and disrespect as they attempt to be accepted in the police subculture, the legal field and judiciary, and in corrections. To address this, a number of gender-specific professional membership organizations have been established.
The International Association of Women Police (IAWP), originally founded as the International Association of Policewomen in 1915 by Alice Stebbins Wells, is a global organization with members from more than 70 countries working together to “strengthen, unite and raise the capacity of women in policing internationally.” The IAWP hosts events, training conferences, and an annual awards program, recognizing the exemplary work of female officers, civilians, and men who demonstrate support. The National Association of Women Law Enforcement Executives (NAWLEE) is the “first organization established to address the unique needs of women holding senior management positions in law enforcement.” NAWLEE seeks to inspire women to lead, conducts training seminars for female executives in law enforcement, provides mentoring opportunities for women, and educates men and women in senior management positions to better understand how to retain and mentor women in their organizations.
The National Association of Women Lawyers was founded in 1899, as the Women Lawyer’s Club, by 18 female lawyers in New York City. With membership across the country, the organization was renamed the National Association of Women Lawyers in 1923 and hosted its first convention the same year. In 1943, it became affiliated with the American Bar Association. Their mission is to “provide leadership, a collective voice, and essential resources to advance women in the legal profession and advocate for the equality of women under the law.”
The Association of Women Executives in Corrections (AWEC) seeks to “increase the leadership skills of female correctional executives and to develop the future generation of women correctional leaders.” The National Institute of Corrections first sponsored the Executive Women’s Leadership Program in 1994, a steering committee was established in 1995, and in 2009, the organization was recognized as a public charity with the mission to “provide leadership development for executive women, to support the career advancement of women in corrections, and to promote informed discussion of correctional issues in an atmosphere of mutual respect.” The AWEC is an affiliate of the American Correctional Association, the American Probation and Parole Association, and the American Jail Association.
In short, while the occupational duties may be the same, the approach, opportunities for advancement, and experiences of diverse employees are not. Having the necessary support and resources is critical to women advancing in the criminal justice field.
Conclusion
Women have been breaking barriers in the American legal system for more than 150 years, yet they continue to be underrepresented in critical roles, despite robust research indicating that they are as effective as their male counterparts. The patriarchal nature of the field and presumption that women are not as physically capable makes it harder for them to be accepted and advance. Yet, as policing reforms increasingly call for verbal de-escalation techniques and reduced use-of-force, and correctional efforts seek to decrease the number of staff-inmates sexual assaults on female inmates, the benefits of employing women in the field are evident. As March draws to a close, this is an opportunity to not only celebrate the female pioneers in the criminal justice field, but to also recognize and elevate the public safety benefits of employing more women in the American legal system.
To view the work of our dedicated team of female scholar-practitioners on the Criminal Justice and Civil Liberties team at the R Street Institute, go to Jillian Snider, Lisel Petis, and Christi Smith.