Thursday, October 31, 2019

Business Management - Corporate Social Responsibility at IKEA Essay

Business Management - Corporate Social Responsibility at IKEA - Essay Example This is the great social welfare of the society.As one of Ikea’s executive says about Kamprad â€Å"He focuses on the human. What motivates Ingvar Kamprad is not profit alone but improving the quality of life of people†. The company has demonstrated this through a supply of products which have global acceptance as they fit the diverse socio-cultural aspects of any market segment in the various countries of operation. Kamprad who is the founder of the firm takes personal initiative to meet employees and clients face to face before holding a participatory decision meeting with the management. This Ikea’s customer-focused products requires the complete involvement of the staff, suppliers, and other stakeholders and this explains its centralized management and a well-coordinated international marketing and franchised entities under its name. The interest of the society is taken into consideration by the company from its evident global appeal and its founder’s less bureaucracy style of leadership for efficiency and quality. The increasing call for social responsibility of Ikea in terms of environmental care has seen it reorganize its management strategy and overall objective. There are several complaints brought against the global operation of Ikea and of central concern is the child labor which some of its subsidiaries in India are involved in. The international trade regulations and the general expectation of the society are to keep children out of labor. It is therefore evident that the child labor case in India which is an associate of Ikea significantly tainted its reputation and overall sales revenue. This is an act perceived as exploitation and its effect on the company’s image has considerable drawbacks in its market performance (Coombs & Holladay, 2012, pg63).  

Tuesday, October 29, 2019

Factors of foreign policy Essay Example for Free

Factors of foreign policy Essay In the first place the size of a states territory as well as it’s population greatly influences its foreign policy. Generally the leaders and people of countries with small territory and population do not expect their country to carry great weight in international affairs. On the other hand the leaders and people of large countries are ready to assume special responsibilities. However, sometimes even small states which have rich resources also leave a deep impact on world politics. For example, Britain, a small country, played leading role in world politics in the nineteenth and early twentieth century. In our own times the oil-rich countries of the Middle East, though small in size are playing a significant role in international politics. On the other hand large states like Canada and Australia have not been able to pursue effective foreign policy. Commonwealth of Independent states (CIS) which came into existence after the disintegration of the Soviet Union, though quite large in size, is not able to play an effective role in contemporary international relations. The geography of a country, including its fertility, climate, location in relation to their land  masses, and water-ways etc. also influence the countrys foreign policy. It is a major factor in determining self-sufficiency of a country. Generally land-locked countries, nations in the tropics and those bordering a superpower are less self-sufficient in comparison to the countries which have access to warm-water ports or are located in the temperate zones and far removed from superpowers. For example in the nineteenth century USA adopted isolationist policy chiefly on account of its geographical location. Though the importance of geographic factors is acknowledged almost at all hands, its importance has considerably declined due to technological and scientific developments. For example, due to improvement in the means of transport and communication the world has greatly shrunk and the perception of large bodies of water as natural barriers to military attack has greatly diminished. But still geographical location of a country has a deep impact on the determination of its foreign policy. India adopted policy of non-alignment because of geographical location. The presence of two major powers on its borders (USSR and China) deterred it from joining power blocs. 3. Culture and History. The cultural and historical traditions of a country also deeply influence the foreign policy. Generally people possessing a unified common culture and historical experience can pursue an effective foreign policy because of the support of all sections of society who share the same values and memories. On the other hand, a country which is culturally and historically fragmented cannot pursue an equally effective foreign policy. According to Prof. Roseau the influence of cultural factors is not limited to the impact of societal unity upon the formulation and implementation of foreign policy. Equally important are the processes through which the contents of Shared norms and practices of society, as distinguished from the degree of unity that supports them shape the plans that are made and the activities that are undertaken withrespect to the external world 4. Economic Development. The stage of economic development which a country has attained also has its impact on its foreign policy. Generally the industrially advanced countries feel more deeply involved in relations with other countries because they have to import different kinds of raw materials and commodities from other countries. They are also on the lookout of latest knowledge and technical know-how. Therefore they maintain intimate trade relations with their trading partners. All this leads to intimate links between the groups and people of one country with their counterparts in the other country. Again, an industrial country is expected to have a higher gross national product (GNP) and can devote greater funds for external purpose, economic aid programme, military ventures and extensive diplomatic commitments. On the other hand, industrially backward countries are not able to actively involve themselves in external affairs. The lack of scientists, engineers and other specialists in the country prevents them from taking advantage of the technological break-through abroad. In recent years United States has been able to pursue more vigorous foreign policy and secure its national objectives, mainly on account of its high degree of economic development. It has made liberal use of foreign aid as an instrument for the promotion of its foreign policy goals. It is a matter of common knowledge that in our times the industrially developed countries (popularly known as G-7) are playing an effective role in international politics as compared to other developed or under-developed countries. This is but natural in view of fact that economically developed countries possess greater military capability than the less developed countries, and can exert greater influence on international relations. In our own times the decline of Russias economic power has considerably undermined her political role in the international arena. 5. Technology. Advancement in technology, which affects the military and economic capabilities of a state, also exercises profound influence on the foreign policy. However, this factor influences the foreign policy only in an indirect manner, by influencing other sources of foreign policy. It has been observed that countries which possess advance technology are able to provide technical knowhow to less developed and developing nations and thus exert necessary influence on their foreign policies. Roseau has rightly observed Technological changes can alter the military and economic capabilities of a society and thus its status and role in the international system. The dominant role which countries like France, China, Germany and Japan have been able to play in recent years is largely due to excellent technological developments in these countries. 6. National Capacity. The national capacity of a state also exercises profound influence on the foreign policy of a state. National capacity of a state depends on its military preparedness, it’s technological advancement and economic development. It is well known that United States which continued to pursue policy of isolation till the beginning of the present century got deeply involved in the international arena in the present century mainly due to tremendous increase in her national capacity due to rapid economic development. Similarly, the foreign policy of Britain underwent great transformation in the post World War II period, mainly due to decline in her national capacity. 7. Social Structure. The social structure of a society also exercises profound influence on its foreign policy. A society which is sharply divided on the basis of wealth,  religion, regional imbalances, etc. cannot pursue effective foreign policy on account of division and lack of co-operation among various groups. On the other hand a homogeneous society possessing strong sense of national unity can pursue a more effective foreign policy. It is well known that Britain stood as one person under the leadership of Churchill during the Second World War and the people gladly suffered all kinds of hardships to preserve their unity because of social solidarity. 8. Public Mood, Public mood is another important determinant of a countrys foreign policy. Though public mood usually follows rather than guides the foreign policy making process, it can exercise lot of influence on the determination of a foreign policy if the basic realignment in the prevailing great power structure takes place and the state becomes more involved or more isolated from the world affairs. It may be noted that generally in an authoritarian system the public mood does not influence the foreign policy, but in a democratic system based on political accountability considerable weight has to be accorded to the changing public mood and sentiments. Political Organization. The political organization found in a country also greatly influences the foreign policy. Generally under authoritarian system quick foreign policy decisions are possible because the decision making power rests with an individual assisted by his clique. But as the leaders under this system are isolated from the operational environments and the subordinate policy makers provide the information which is perceived by the superiors, there is every possibility of a discrepancy between the psychological and operational aspects of the foreign policy. Further, under this system undesirable opposition can be suppressed through censorship and promulgation of regulations. On the other hand in a country possessing a democratic structure the citizens can freely express their opinion on the domestic as well as foreign policy which naturally leave its impact on the foreign policy of the country. Under democratic system there is very little discrepancy between what the officials want to believe about the state of world politics and the actual position because the subordinate policy makers make available critical and detached information. Within the democratic system itself the difference in a political structure has its impact on foreign policy. For example, under a parliamentary system of government based on co-operation between the Legislature and the Executive, the cordial relations between the two wings have an impact on countrys foreign policy. On the other hand under presidential system based on the principle of separation of powers, the relation between the two wings are likely to be more strained, which affect the ambiguity or continuity of foreign policy. Similarly, different foreign policy is likely to emerge under bi-party system and multi-party systems. Generally under bi-party system the government is likely to have a clear-cut majority and conduct itself in a more decisive manner regarding the conduct of foreign relations. In contrast of this, under multi-party system conflicting view points and interests may have to be reconciled. This may lead either to the avoidance or postponement of the decision. 10. Role of Press. The press also plays a vital role in the foreign policy formulation process. The press contributes to this process by supplying factual information on the basis of which the people take decision by publishing specialized articles on current international developments which enable the people to understand the significance of developments in their country in relation to the past developments and by analyzing the policy of the government in regard to foreign affairs. The press also plays an important role in publicizing the foreign policy of the country. The role of the press, however, depends on the political system prevailing in the country, the rate of literacy as well as the attitude of government. The nature of political accountability prevailing in a system also greatly influences the foreign policy of the country. Generally in an open political system, the demands of citizen and groups get articulated and transmitted to foreign policy formulators. The framers of foreign policy cannot ignore these demands. In fact quite often the policy formulators anticipate these demands while formulating the foreign policy. On the other hand under a closed system the public reactions are neither available nor given much importance. The leadership also plays a vital role in the shaping of a countrys foreign policy. According to Rosenau: A leaders beliefs about the nature of international arena and the goals that ought to be pursued therein, his or her peculiar intellectual strength and weakness for analyzing information and making decisions, his or her past background and the extent of its relevance to the requirements of the role, his or her emotional needs and most of other personality traits—these are but a few of the idiosyncratic factors that can influence the planning and execution of foreign policy. No doubt, the qualities of leadership have a deep impact on the countrys foreign policy but their role is greatly constrained by the governmental and social structure. Further the role of leadership is not identical in all countries. In less developed countries their role is greater as compared to industrialized societies. In industrialized societies the individuals enjoy very limited discretion in high governmental and non-governmental positions. Posted 2nd July 2012 by Ken Ngeny

Sunday, October 27, 2019

Alternatives to Custodial Sentences for Female Offenders

Alternatives to Custodial Sentences for Female Offenders This dissertation questions the increase in the female prison population in recent years. It then goes on to outline some reasons against imprisoning women, looking at the alternatives to custodial sentences, and the past and upcoming policy. It suggests that alternatives should be considered over and above custodial sentences as these may be more appropriate for the needs of women. (2) Introduction In the last few years there has been a widespread concern for the numbers of women that are imprisoned. Between 1993 and 2003, the female population increased by almost 200% . Many have concerns about this, for example, The Howard League for Penal Reform published its submission to the United Nations Congress on Crime Prevention, expressing serious concern at the increase in the use of prison for women and the added problems they face in custody. The Howard League for Penal Reform research shows that 4,394 women were detained in 18prisons in England and Wales on 4 March 2005, almost treble the number held in 1993. The number of women experiencing prison over the year has increased by almost 3,000 as most women are sent to prison for only short periods. The number of women on remand has also increased by about a third. This has meant that women’s imprisonment has come under the spotlight for both the public and academics alike. In response to the growing concerns for the unsuitability of custodial sentences for the majority of women there have been attempts to find alternatives to imprisonment that are more appropriate. There has been much concern about the greater numbers of women being imprisoned for several reasons. In the past there has been a reluctance to see punishment as gender specific. As Carlen (2002:3) points out: Theories of punishment are usually expected to be gender-neutral: the state punishes, the citizen submits and the legitimacy of the punishment is debated according to the jurisprudential principles of the time.’ But recently, for example, there has been increasing recognition that the criminal profile of women prisoners is different to that of their male counterparts, and the rehabilitative needs of these women are also different to imprisoned men. In addition the needs of the children of some of these incarcerated women are beginning to be recognised. This dissertation will look at some of these issues that are of growing concern, firstly outlining the main reasons why the female prison population has increased in recent years, and then looking at how custodial sentences are inappropriate for the needs of women. It will then go on to consider a few alternatives to custody that may be more appropriate. In doing so it is necessary to take a look at the policy in this area to establish the problems and make recommendations for the future. Pat Carlen puts forward some questions that are asked each time women’s imprisonment comes under the spotlight: Is it necessary to sends many women to prison? Are women treated differently to men by the police, the courts and the prisons? Why are so many poor, black and mentally ill women in prison? And so on (Carlen, 1998: 2). This dissertation will attempt to explore some of these questions and the issues that surround them. It aims to show that there is a vast disparity between the present system of women’s imprisonment and the needs of the women being sent to them, and in doing so will examine the alternatives to custodial sentences for women. It is important to consider gender differentials at this point. Carlen (2002: 7) puts forward the question: ‘Are women punished differently to men?’ and in response suggests that there are six main bodies of literature that attempt to answer this question. Firstly, there is the historical literature which focuses on the quantity and quality of women’s punishments; Secondly, sociological literature which places the experience of women’s punishment within the wider framework of control, arguing that women appear less frequently in the courts as they are ‘more closely constrained by informal controls of family, factory, fashion, men and medicine’ (Carlen, 2002: 7). Socio-legal studies endeavour to establish whether women are sentenced more or less harshly than men; criminological studies attempt to ascertain and assess the quality of the confinement experienced by imprisoned women. Also a campaigning literature is identified by Carlen, which argues fore variety of reasons that women receive a harsher punishment than that of their male counterparts; and, the literature that has responded to this criticism, for example that provided by the official Home Office Inspectorates. It can be ascertained from the wide review of this literature that firm evidence that supports the fact that women are more severely punished than men is difficult to find, as Carlen points out, ‘In sum, the findings of all this research and scholarship suggest that there is no strong statistical evidence to support claims that women are sentenced more harshly than men.’(Carlen, 2002: 7). In addition to this it would be awkward to ascertain the gender-bias as separate from the bias relating to class or race. However, based on the demographic characteristics of imprisoned women, Carlen (2002: 8) argues that although the majority of women are treated more leniently by the criminal justice system (for example see Lederman and Gels Thorpe, 1997, quoted in Carlen, 2002: 8), certain women, in particular those ‘who have been brought up in the states institutional care, have transient lifestyles, have their own children already in state guardianship, are living out with family and male-related domesticity, or are members of the of ethnic minority groups-are more likely to proceed through the criminal justice system and end up in prison.’ Although this argument does not contend with the argument that women are treated more leniently with men, it complements the argument of Lederman and Gels Thorpe: The likelihood that female offenders may overall receive more lenient treatment than males does not rule out the possibility that individual women receive unusually harsh treatment.’ (Lederman and Gels Thorpe, 1994: 4) As can be seen from the following chapter, gender influences are evident within all aspects of crime, criminality and the criminal justice system. Gender stereotypes can inform decisions as to whether person has committed a crime, whether they should be prosecuted and found guilty for a crime, and indeed, gender affects how a person might be punished and how this may affect the criminal and society. Criminal law tends to render women as passive victims, and when they appear as criminal they can either treated as irrational, acting under external factors or as unfeminine monsters (Nicolson, 2000:25). Despite this, it’s only recently that these gender dimensions have been considered, as Nicolson points out, ‘Traditionally criminal law has been analysed and taught as if it’s rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant’(from Nicolson and Bobbing’s, 2002: 1). This gender-blind approach to crime and the criminal justice system has now been recognised and analysed by feminists and criminologists alike. Fox (2002) urges that it is crucial for both feminist scholars and students of criminal law to engage with the issue of punishment, as this offers a key to understanding substantive law issues, in the past, she suggests, literature has focussed on women who kill, for example, but has failed to put forward a suggestion for whether these women should be punished and how. This paper will attempt to redress this imbalance. (3) Explanations of the Increase in the Female Prison Population In looking at the explanations underlying the steep increase in women’s imprisonment in recent years, the study undertaken by Carlen(1998) offers some useful points to consider. She accumulated several opinions in her study which serve to add understanding. A female Prison Governor suggested that the number of prison sentences are higher despite no significant rise in the number of reported crime due to several reasons; firstly, she suggests that it could be andante-feminist approach that says, ‘well, if you women want equality, you’ve got to take it’; secondly, it could be due to the rising pressure on women in society to cope financially without a partner leading to more crime being committed; thirdly, she suggests, it could be that women in the past have been more likely to go down the route of being admitted to a mental hospital which has suffered cuts in funding. A Prison Officer put forward that women are still being sent to prison for trivial crimes, which is supported by prisoners comments. Carlen summarises the responses given as thus: (1) more women are committing violent crimes; (2) more women who would not have previously gone to prison are going due to increasing involvement with drugs; (3)more black women are going to prison so racism may be the key; or (4)prison is being used to incarcerate the same social categories for women that it always has – the destitute, the most obviously gender deviant, and the mentally disturbed – but the numbers of women presenting themselves in these categories have increased with growing economic inequality (Carlen, 1998: 51). Another explanation is that women are becoming more violent, indeed the proportion of female prisoners under sentence for crimes of violence against the person was indeed (at 20 per cent) only two present less than the proportion of male prisoners. Fletcher (1975, in Carlen, 1998: 52) supports this view: ‘It is undoubtedly the case that the level of convictions of violence against the person has increased among women.’ However, he also points out that, ‘the female prison population has †¦ risen steeply whilst serious convictions have actually fallen’; suggesting that this may be due to longer sentences being served. As will be seen later, it is much more likely that it is the increase in more punitive sentencing for trivial crimes that is more likely to offer an explanation. It is possible that racism is the key to increases in the female prison population, as the Home Office (1997) points out: In June 1996, there were 10,200 people from ethnic minorities in Prison Service establishments. Ethnic minorities accounted for 18percent of the male prison population and 24 per cent of the female population compared with 6 per cent of the male and female populations of England and Wales (From Carlen, 1998: 54). However, there may be other reasons underlying these numbers, and it’s impossible to disentangle issues of race, gender, and other forms of inequality. Unfortunately there is no time here to consider all the concerns that this issue deserves, except to say that it may be contributory factor to the increased numbers of imprisoned women, but this view is highly contentious. Carlen (1998: 54) suggests that when women are being considered for tougher sentence rather than a milder sentence, they may be escalated up the tariff towards the custodial end more quickly than a male purely because the range of non-custodial facilities for women is narrower. However, although all these concepts will serve in some way to increase the numbers of female offenders serving custodial sentences, the most likely and supported factor is the economic and social status of women: †¦ despite exaggerated claims about increasingly violent and addiction driven female offenders, it appears that there is consensus amongst most analysts and commentators that the steep increases in the numbers of women received into British Prisons in the1990’s can best be explained by the increased numbers of women in the social categories of economic need and social deprivation who have traditionally been more vulnerable to imprisonment, and by the increased punitiveness of the courts towards female offenders in general. (Carlen, 1998: 56) (4) Reasons Against Imprisoning Women The Feminist Response In looking at the feminist response to criminal justice for women, firstly it is important to look at the general models of punishment that exist today. Fox (2000: 51) points out that traditionally there are three main theories of punishment – retribution, deterrence and rehabilitation. The retribution model is concerned with the notion of vengeance, and balancing the punishment with the level of harm inflicted on the victim. Advocates of this ‘just desert’ approach(Clarkson and Keating ) claim that it ensures proportionality between crime and punishment, promises limited punishment, helps reduce sentencing disparity and protects rights by restoring due process. However this approach is open to criticism due to its lack of consideration of individual factors such as poverty, unemployment, inequality and gender, assuming that every individual is an autonomous member of society. Similarly, the deterrence model focuses on rational autonomous action through its aim of discouraging crime through the threat and example of punishment, which like the latter model does not take into account individual differences, including the responsibility held by criminals. Fox (2000: 53) suggests that the rehabilitation model appears more promising from a feminist perspective as it aims to secure conformity through inner positive motivation on the part of the individual(Clarkson and Keating ) and its focus on understanding rather than condemning the offender, through treatment. Although it has been debated as to whether this model can be characterised as punishment, but as Fox recognises, ‘treatment oriented approaches can involve punitive interventions under the guise of treatment’. The criticism of this approach is similar to that of incapacitation theory whish aims for protective sentencing. By imposing longer or more severe punishments thee criminal may become unable to commit more crimes. Fox discusses that because of the special privations which prison sentences may inflict on female prisoners, it this may have greater impact on women. Therefore it is suggested that a new rationale for punishment that differs from the traditional frameworks to encompass gender differences is needed. Howe takes the view that the definition of punishment needs to be expanded to incorporate broader social control mechanisms, son that it, ‘enables us to forge links between two critical projects: the masculinise one, of analysing the emergence of punishment regimes in the context of the States power to punish, and the feminist one, of mapping the differential impact of disciplinary power on lived female bodies.’(Howe, 1994, see footnote 5). This focus on the body as a means of criticising models of punishment is typical of some writers, for example, Wait who argues that the body is a vehicle for control, in regards to examples such as electronic tagging, the forced separation of parents from children and spouses from each other, as well as community service and probation orders that require the body to work in particular ways, he comments that: The pain inflicted upon it may be less direct, the mark it makes and traces leaves less visible; but the exercise of coercive discipline over the body and a recognition of the anguish it is capable of experiencing are still at the heart of punishment’(Wait, 1996, from Fox, 2000: 58). Fox puts forward that this can apply to other types of punishment too, namely, forced treatment for drug and alcohol dependency and the use of boot camps, chain gangs and capital punishment in the US. Focus on the body, she suggests, can make the diverse ways in which women are placed under surveillance, disciplined and punished more apparent, and that practices such as imprisoning pregnant women, handcuffing labouring women, separating mothers from their children and strip searching tend to force people to confront the reality of punishment. As can be seen a focus on the body can take forward feminist perspectives in its struggle against the patriarchal nature of the State’s criminal justice system. Although greater numbers of women continue to receive custodial sentences, proportionally more women offenders in both the US and Receive probation, or absolute or conditional charges. Pat Carlen(1985, quoted in Fox, 2000: 60) puts forward a potential reason for this: ‘†¦the majority of women †¦ in trouble are much more likely to be in receipt of medical, psychiatric or welfare regulation than caught up in the machinery of criminal justice, which accounts for the court’s readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violent’ The Specific Needs of Women This section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues. Family It could be argued that women’s identity as mothers is critical in sentencing practice. Fox (2000:62) argues that those women who conform to the traditional stereotype as mothers can more easily avoid being labelled as criminal, whilst conversely, women who do not conform to this stereotype compare unfavourably, and women who are judged to fails wives or mothers, such as young single women who commit offences as members as gangs, for example, are treated relatively harshly. This highlights how gender roles can have an effect on criminal procedure in general, and sentencing. The Home Office report offered by Lederman and Gels Thorpe confirm that this is the case, reporting that the degree to which a female offender conforms to traditional gender roles, especially regarding her marital status, is the most influential factoring how she is regarded by the courts. Therefore it seems that the discrimination faced by women in society carries over to the criminal justice system. Carlen (1998: 74) in her study looked at the different experience of women in prison compared to that of their male counter parts. She found that the most resounding response related to women’s role within the family both in terms of ideology and function. This was described mostly in terms of women’s role as mothers, although, also included their roles of primary care-giver to other family members, including the dependency that men had upon them. For example, male staff recognised that a powerful mix of biological ties, emotional bonds and family ideologies can affect a woman’s prison experience (Carlen, 1998:74). One respondent in particular commented that, in 99 per cent of cases when a man comes to prison he has the knowledge that his children are being looked after and the rent will be paid by the DSS, however women tend to lose their homes, and often their children to foster care. Another commented that the females have a closer bond to their children and it affects them far more. In regards to remand, one respondent suggested that, ‘If a woman has a baby while she is on remand in custody, social services will be contacted and the baby would be taken off her. She’s being denied the right to bond with that baby at such a vital stage†¦ Another problem that we have is that if they are sentenced we initiate the procedure for applying for a Mother and Baby Unit, but there are not enough mother and baby spaces for them to go to.’ (A Prison Officer, from Carlen, 1998: 79) Contemporary Criminal Justice policies can have a detrimental impact on families, in terms of both the impact of a mother’s imprisonment on their children and the impact upon the mothers. With the striking increase in numbers of women serving custodial sentences the effect that this can have on the children that a proportion of these women have needs to be taken into consideration. Ideology that contends with the view that female offenders do not deserve privileges such as regular contact with their children has a lack of regard of the fact that this also penalizes the children, Clarke (1995) refers to these children as the ‘unseen victims of a mother’s incarceration’. Although removing a child from the criminality associated with their mothers is often considered to be in the best interests of the child, this removals harmful in itself. Snyder-Joy and Carlo (1998), in their review of some of the research carried out that look at the effects of the child, found that incarcerating mothers may produce serious negative effects for the children. They found that the forcible separation and lack of close contact between mother and child may cause psychological and behavioural problems for the children, such as aggression, poor school performance, attention deficit, anger, poor social skills, depression, and sleep disruptions. In addition to this, children of incarcerated parents area risk of also ending up in the criminal justice system. In fact, Barnhill and Dresser’s 1991 research notes that, ‘children of inmates are five to six times more likely than their peers to become incarcerated themselves’ (Snyder-Joy and Carlo, 1998: 132). It can be hard to ascertain whether it is the actual imprisonment of mothers that has these effects, rather than say, the economic and social factors that may also affect their mothers, or the general way in which they have been brought up, however the research findings should not be disregarded and the potential effects of custodial sentences of mothers on children should certainly be considered when debating women’s imprisonment. Gabel (1992, taken from Snyder-Joy and Carlo, 1998: 132) sums up this situation for some prisoners and their families: Separations †¦ are likely to have been preceded by family turmoil, conflict, and dysfunction in many cases relative to family functioning in intact families †¦ Many of these families and children are vulnerable even more to further problems and behavioural disorders subsequent tithe separation itself. The latter may increase social, financial, or personal difficulties with which already dysfunctional families cannot cope. As can be seen, the act of removing children from their mothers my produce social, personal and emotional problems for the child. In addition to this the problems that originate during the imprisonment of their mothers, and that may exist prior, will be further compounded if the relationship between mother and child is so damaged that the child may be looked after by the state after release. This in itself is associated with affecting the personal social and emotional development of children and where possible should be avoided where possible. The suggestions made later when alternatives to imprisonment are considered. Imprisonment has adverse effects on women who are mothers even beyond other considerations that have been made in this paper. It has been found that incarcerated mothers report depression, anxiety and fears about their children’s safety while they are apart, as well as feelings of guilt and inadequacy in addition to concerns about returning to the family structure that existed prior to imprisonment.(Snyder-Joy and Carlo, 1998: 135) Punishment is compounded for many female prisoners when they are separated from their children. The majority of incarcerated women are mothers – estimates range from 60-80%, and most of these women were providing the primary means of family support prior to imprisonment(research outlined by Dodge and Pogrebin, 2001), Rasche (2000) commented that the harshest single aspect of being imprisoned may bathe separation of mother and child. Mental Health The assumption that women are more likely to require psychological assessment is evident in the recommendations made by the Home Office, which urges sentences to pay particular attention to the treatment of female criminals. Feminists may argue that this emphasis serves to undermine women, for example Carlen and Worrall argue that the normal women’s body could be perceived as intrinsically ‘abnormal. Menstruation, pregnancy, childbirth and the menopause result in ‘hormone imbalance’ which suggests that the women may be imbalanced at these times (From Fox, 2002: 60). However it is argued that this disposition to consider female defendants as medically unsound underpins the trend towards a treatment approach for these women, rather than a custodial sentence which would be deemed as inappropriate for their needs. A further consideration of the mental health issues and needs of female offenders can be seen later. The Efficacy of Prison Carlen (1998: 102) found that overcrowding in prisons meant that the system was unable to care effectively for those inmates that pose special problems of need, danger and risk. In fact it was found that the general consensus of staff working in the prison service was that the most prisons can hope to achieve, due to the combination of overcrowding and increasingly restrictive security measures, was ‘damage limitation’ rather than equipping inmates to lead good and useful lives when they are discharged. (Carlen, 1998: 149) ‘†¦the incapacitation effect of current levels of imprisonment is not great †¦ A general increase in the use of imprisonment, either by increasing the proportion sentenced to custody, increasing the sentences imposed or increasing the proportion of the sentence that offenders spend in custody, would not affect crime levels by any substantial amount.’ (Tarring, 1993, quoted in Prison Reform Trust1993, in Carlen, 1998:151) The problem with arguing towards a reduction in custodial sentencing for female offenders is that it can be considered a sexist response that is discordant to the attempt of the criminal justice system to treat all equally, and encouraging women to be unlawful without fear of punitive sentence. However, supported by other researchers, Carlen offers a response to this question. She argues that: firstly, the economic, ideological and political conditions in which women break the law are different to those in which man commit crime; secondly, the logic of sentencing tends to be rooted in oppressive and outmoded assumptions about the ‘proper’ role of women in society; and thirdly, that women who appear before the courts usually will have been subject to informal and ‘anti-social’ controls (not suffered by their male counterparts) which would already have affected their opportunities for full citizenship, meaning they suffer a ‘double regulation’(Car len,1998: 153). Carlen recommends that unless women have committed very serious crimes, or pose a danger to public which means they must be incarcerated as a matter of public protection, no good can come from imprisoning women, ‘Almost certainly they will require help of some description – but always of a kind that no prison can provide. Imprisonment can only damage them further, and make them more likely to break the law in the future. (Carlen, 199: 153) In response to evidence and theories presented by researchers and academics the Government have stated that, ‘Imprisonment is not the most effective punishment for most crime. Custody should be reserved as punishment for very serious offences.’ (Home Office 1988, taken from Worrall, 1997: 28). However, as can be seen later, government policy has not always reflected this view. (5) Alternatives to Custodial Sentences for Female Offenders As can be seen from the theory and evidence put forward previously, there is increasing support for the majority of custodial sentences for female offenders to be replaced with an alternative method of punishment or control. Alternatives to imprisonment may also supply a better medium for therapeutic intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice System: The Howard League for Penal Reform is today recommending that prison custody for women should be virtually abolished so that only those women who are convicted of serious and violent offences and who represent a continuing danger to the public should be held in custody. For other women offenders community based interventions that make amends for the wrong done and encourage women to change their lives offer the best change of creating a safer society. (Frances Cooke, Speaker for The Howard League, 2005). In the main, alternatives to custodial sentences involve a type of community punishment, in the form of probation, fines, and electronic tagging, for example, or specialist units. Some examples of these alternatives, and their use for female offenders, will be looked at in this chapter. Firstly, though it is important to identify the main barriers to community punishment alternatives, in order to gain a better understanding of the more specific sentences. Worrall identifies many obstacles to community punishment (1997: 13).Firstly she identifies the obstacle of public and media perception that imprisonment is the only way to punish people accordingly, with other punishments viewed as inferior. Secondly, there is the obstacle of ‘unfair’ or inconsistent sentencing, in that community sentences tend to be reserved for those who can pay, or deemed to be able to benefit from supervision which leaves certain disadvantaged groups in prison. Thirdly, there is the concept of ‘net-widening’ based on the assumption that alternatives to custody will, rather than defer offenders form prison, draw more people into the criminal justice system that may otherwise have been diverted to another agency. Fourthly, is the problem of enforcement, it is much easier not to comply with on-custodial sentences, and some believe that without the backup of threats of incarceration, community alternatives are not viable. However, despite these drawbacks it is important to consider the benefits of using alternatives to custody. Electronic Monitoring Sections 12 and 13 of the Criminal Justice Act (1991) introduced electronic tagging as a method of supervision and control and could offer a valuable commodity in the criminal justice system. However, electronic tagging systems have had a quite a number of starting up problems, and in some cases offenders under this system have requested to be put into custody as this was deemed preferable, despite Tom Stacey, founder of the Offenders Tag Association suggesting that opposition to tagging was based on wilful ignorance of the appalling nature of prison conditions (Worrall, 1997: 31). The tagging system was criticised for leaving families with very little income due to the restraints upon offenders, and for malfunctioning. According to the Prison Reform Trust (1990) by January 1990, only 46 defendants had been tagged on contracts which cost the tax payer  £564,706. Of these 24 had breached the conditions of their bail, been arrested for further offences, or absconded (Worrall, 1997: 3 2). However, if these problems can be overcome and the system used effectively, electronic monitoring may be recognised as a flexible and cost effective alternative to prison, which may be appropriate for female offenders who have been convicted of less serious, less violent and less harmful crimes. It could provide for effective monitoring and control, whilst being used alongside a programme of support and will allow for family and social ties to be retained to a greater degree than imprisonment Special Units for female offenders who are mothers As can be seen in previous chapters a need for specialist provision for female offenders with children is widely supported. In many cases affine, probation, or a curfew order, monitored by electronic tagging, for example, may be appropriate, however specialist units may also be successful in overcoming some of the problems associated with incarcerating mothers. These would supply an opportunity for female offenders to be punished and monitored without the separation of children from their mothers, whilst also providing supp Alternatives to Custodial Sentences for Female Offenders Alternatives to Custodial Sentences for Female Offenders This dissertation questions the increase in the female prison population in recent years. It then goes on to outline some reasons against imprisoning women, looking at the alternatives to custodial sentences, and the past and upcoming policy. It suggests that alternatives should be considered over and above custodial sentences as these may be more appropriate for the needs of women. (2) Introduction In the last few years there has been a widespread concern for the numbers of women that are imprisoned. Between 1993 and 2003, the female population increased by almost 200% . Many have concerns about this, for example, The Howard League for Penal Reform published its submission to the United Nations Congress on Crime Prevention, expressing serious concern at the increase in the use of prison for women and the added problems they face in custody. The Howard League for Penal Reform research shows that 4,394 women were detained in 18prisons in England and Wales on 4 March 2005, almost treble the number held in 1993. The number of women experiencing prison over the year has increased by almost 3,000 as most women are sent to prison for only short periods. The number of women on remand has also increased by about a third. This has meant that women’s imprisonment has come under the spotlight for both the public and academics alike. In response to the growing concerns for the unsuitability of custodial sentences for the majority of women there have been attempts to find alternatives to imprisonment that are more appropriate. There has been much concern about the greater numbers of women being imprisoned for several reasons. In the past there has been a reluctance to see punishment as gender specific. As Carlen (2002:3) points out: Theories of punishment are usually expected to be gender-neutral: the state punishes, the citizen submits and the legitimacy of the punishment is debated according to the jurisprudential principles of the time.’ But recently, for example, there has been increasing recognition that the criminal profile of women prisoners is different to that of their male counterparts, and the rehabilitative needs of these women are also different to imprisoned men. In addition the needs of the children of some of these incarcerated women are beginning to be recognised. This dissertation will look at some of these issues that are of growing concern, firstly outlining the main reasons why the female prison population has increased in recent years, and then looking at how custodial sentences are inappropriate for the needs of women. It will then go on to consider a few alternatives to custody that may be more appropriate. In doing so it is necessary to take a look at the policy in this area to establish the problems and make recommendations for the future. Pat Carlen puts forward some questions that are asked each time women’s imprisonment comes under the spotlight: Is it necessary to sends many women to prison? Are women treated differently to men by the police, the courts and the prisons? Why are so many poor, black and mentally ill women in prison? And so on (Carlen, 1998: 2). This dissertation will attempt to explore some of these questions and the issues that surround them. It aims to show that there is a vast disparity between the present system of women’s imprisonment and the needs of the women being sent to them, and in doing so will examine the alternatives to custodial sentences for women. It is important to consider gender differentials at this point. Carlen (2002: 7) puts forward the question: ‘Are women punished differently to men?’ and in response suggests that there are six main bodies of literature that attempt to answer this question. Firstly, there is the historical literature which focuses on the quantity and quality of women’s punishments; Secondly, sociological literature which places the experience of women’s punishment within the wider framework of control, arguing that women appear less frequently in the courts as they are ‘more closely constrained by informal controls of family, factory, fashion, men and medicine’ (Carlen, 2002: 7). Socio-legal studies endeavour to establish whether women are sentenced more or less harshly than men; criminological studies attempt to ascertain and assess the quality of the confinement experienced by imprisoned women. Also a campaigning literature is identified by Carlen, which argues fore variety of reasons that women receive a harsher punishment than that of their male counterparts; and, the literature that has responded to this criticism, for example that provided by the official Home Office Inspectorates. It can be ascertained from the wide review of this literature that firm evidence that supports the fact that women are more severely punished than men is difficult to find, as Carlen points out, ‘In sum, the findings of all this research and scholarship suggest that there is no strong statistical evidence to support claims that women are sentenced more harshly than men.’(Carlen, 2002: 7). In addition to this it would be awkward to ascertain the gender-bias as separate from the bias relating to class or race. However, based on the demographic characteristics of imprisoned women, Carlen (2002: 8) argues that although the majority of women are treated more leniently by the criminal justice system (for example see Lederman and Gels Thorpe, 1997, quoted in Carlen, 2002: 8), certain women, in particular those ‘who have been brought up in the states institutional care, have transient lifestyles, have their own children already in state guardianship, are living out with family and male-related domesticity, or are members of the of ethnic minority groups-are more likely to proceed through the criminal justice system and end up in prison.’ Although this argument does not contend with the argument that women are treated more leniently with men, it complements the argument of Lederman and Gels Thorpe: The likelihood that female offenders may overall receive more lenient treatment than males does not rule out the possibility that individual women receive unusually harsh treatment.’ (Lederman and Gels Thorpe, 1994: 4) As can be seen from the following chapter, gender influences are evident within all aspects of crime, criminality and the criminal justice system. Gender stereotypes can inform decisions as to whether person has committed a crime, whether they should be prosecuted and found guilty for a crime, and indeed, gender affects how a person might be punished and how this may affect the criminal and society. Criminal law tends to render women as passive victims, and when they appear as criminal they can either treated as irrational, acting under external factors or as unfeminine monsters (Nicolson, 2000:25). Despite this, it’s only recently that these gender dimensions have been considered, as Nicolson points out, ‘Traditionally criminal law has been analysed and taught as if it’s rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant’(from Nicolson and Bobbing’s, 2002: 1). This gender-blind approach to crime and the criminal justice system has now been recognised and analysed by feminists and criminologists alike. Fox (2002) urges that it is crucial for both feminist scholars and students of criminal law to engage with the issue of punishment, as this offers a key to understanding substantive law issues, in the past, she suggests, literature has focussed on women who kill, for example, but has failed to put forward a suggestion for whether these women should be punished and how. This paper will attempt to redress this imbalance. (3) Explanations of the Increase in the Female Prison Population In looking at the explanations underlying the steep increase in women’s imprisonment in recent years, the study undertaken by Carlen(1998) offers some useful points to consider. She accumulated several opinions in her study which serve to add understanding. A female Prison Governor suggested that the number of prison sentences are higher despite no significant rise in the number of reported crime due to several reasons; firstly, she suggests that it could be andante-feminist approach that says, ‘well, if you women want equality, you’ve got to take it’; secondly, it could be due to the rising pressure on women in society to cope financially without a partner leading to more crime being committed; thirdly, she suggests, it could be that women in the past have been more likely to go down the route of being admitted to a mental hospital which has suffered cuts in funding. A Prison Officer put forward that women are still being sent to prison for trivial crimes, which is supported by prisoners comments. Carlen summarises the responses given as thus: (1) more women are committing violent crimes; (2) more women who would not have previously gone to prison are going due to increasing involvement with drugs; (3)more black women are going to prison so racism may be the key; or (4)prison is being used to incarcerate the same social categories for women that it always has – the destitute, the most obviously gender deviant, and the mentally disturbed – but the numbers of women presenting themselves in these categories have increased with growing economic inequality (Carlen, 1998: 51). Another explanation is that women are becoming more violent, indeed the proportion of female prisoners under sentence for crimes of violence against the person was indeed (at 20 per cent) only two present less than the proportion of male prisoners. Fletcher (1975, in Carlen, 1998: 52) supports this view: ‘It is undoubtedly the case that the level of convictions of violence against the person has increased among women.’ However, he also points out that, ‘the female prison population has †¦ risen steeply whilst serious convictions have actually fallen’; suggesting that this may be due to longer sentences being served. As will be seen later, it is much more likely that it is the increase in more punitive sentencing for trivial crimes that is more likely to offer an explanation. It is possible that racism is the key to increases in the female prison population, as the Home Office (1997) points out: In June 1996, there were 10,200 people from ethnic minorities in Prison Service establishments. Ethnic minorities accounted for 18percent of the male prison population and 24 per cent of the female population compared with 6 per cent of the male and female populations of England and Wales (From Carlen, 1998: 54). However, there may be other reasons underlying these numbers, and it’s impossible to disentangle issues of race, gender, and other forms of inequality. Unfortunately there is no time here to consider all the concerns that this issue deserves, except to say that it may be contributory factor to the increased numbers of imprisoned women, but this view is highly contentious. Carlen (1998: 54) suggests that when women are being considered for tougher sentence rather than a milder sentence, they may be escalated up the tariff towards the custodial end more quickly than a male purely because the range of non-custodial facilities for women is narrower. However, although all these concepts will serve in some way to increase the numbers of female offenders serving custodial sentences, the most likely and supported factor is the economic and social status of women: †¦ despite exaggerated claims about increasingly violent and addiction driven female offenders, it appears that there is consensus amongst most analysts and commentators that the steep increases in the numbers of women received into British Prisons in the1990’s can best be explained by the increased numbers of women in the social categories of economic need and social deprivation who have traditionally been more vulnerable to imprisonment, and by the increased punitiveness of the courts towards female offenders in general. (Carlen, 1998: 56) (4) Reasons Against Imprisoning Women The Feminist Response In looking at the feminist response to criminal justice for women, firstly it is important to look at the general models of punishment that exist today. Fox (2000: 51) points out that traditionally there are three main theories of punishment – retribution, deterrence and rehabilitation. The retribution model is concerned with the notion of vengeance, and balancing the punishment with the level of harm inflicted on the victim. Advocates of this ‘just desert’ approach(Clarkson and Keating ) claim that it ensures proportionality between crime and punishment, promises limited punishment, helps reduce sentencing disparity and protects rights by restoring due process. However this approach is open to criticism due to its lack of consideration of individual factors such as poverty, unemployment, inequality and gender, assuming that every individual is an autonomous member of society. Similarly, the deterrence model focuses on rational autonomous action through its aim of discouraging crime through the threat and example of punishment, which like the latter model does not take into account individual differences, including the responsibility held by criminals. Fox (2000: 53) suggests that the rehabilitation model appears more promising from a feminist perspective as it aims to secure conformity through inner positive motivation on the part of the individual(Clarkson and Keating ) and its focus on understanding rather than condemning the offender, through treatment. Although it has been debated as to whether this model can be characterised as punishment, but as Fox recognises, ‘treatment oriented approaches can involve punitive interventions under the guise of treatment’. The criticism of this approach is similar to that of incapacitation theory whish aims for protective sentencing. By imposing longer or more severe punishments thee criminal may become unable to commit more crimes. Fox discusses that because of the special privations which prison sentences may inflict on female prisoners, it this may have greater impact on women. Therefore it is suggested that a new rationale for punishment that differs from the traditional frameworks to encompass gender differences is needed. Howe takes the view that the definition of punishment needs to be expanded to incorporate broader social control mechanisms, son that it, ‘enables us to forge links between two critical projects: the masculinise one, of analysing the emergence of punishment regimes in the context of the States power to punish, and the feminist one, of mapping the differential impact of disciplinary power on lived female bodies.’(Howe, 1994, see footnote 5). This focus on the body as a means of criticising models of punishment is typical of some writers, for example, Wait who argues that the body is a vehicle for control, in regards to examples such as electronic tagging, the forced separation of parents from children and spouses from each other, as well as community service and probation orders that require the body to work in particular ways, he comments that: The pain inflicted upon it may be less direct, the mark it makes and traces leaves less visible; but the exercise of coercive discipline over the body and a recognition of the anguish it is capable of experiencing are still at the heart of punishment’(Wait, 1996, from Fox, 2000: 58). Fox puts forward that this can apply to other types of punishment too, namely, forced treatment for drug and alcohol dependency and the use of boot camps, chain gangs and capital punishment in the US. Focus on the body, she suggests, can make the diverse ways in which women are placed under surveillance, disciplined and punished more apparent, and that practices such as imprisoning pregnant women, handcuffing labouring women, separating mothers from their children and strip searching tend to force people to confront the reality of punishment. As can be seen a focus on the body can take forward feminist perspectives in its struggle against the patriarchal nature of the State’s criminal justice system. Although greater numbers of women continue to receive custodial sentences, proportionally more women offenders in both the US and Receive probation, or absolute or conditional charges. Pat Carlen(1985, quoted in Fox, 2000: 60) puts forward a potential reason for this: ‘†¦the majority of women †¦ in trouble are much more likely to be in receipt of medical, psychiatric or welfare regulation than caught up in the machinery of criminal justice, which accounts for the court’s readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violent’ The Specific Needs of Women This section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues. Family It could be argued that women’s identity as mothers is critical in sentencing practice. Fox (2000:62) argues that those women who conform to the traditional stereotype as mothers can more easily avoid being labelled as criminal, whilst conversely, women who do not conform to this stereotype compare unfavourably, and women who are judged to fails wives or mothers, such as young single women who commit offences as members as gangs, for example, are treated relatively harshly. This highlights how gender roles can have an effect on criminal procedure in general, and sentencing. The Home Office report offered by Lederman and Gels Thorpe confirm that this is the case, reporting that the degree to which a female offender conforms to traditional gender roles, especially regarding her marital status, is the most influential factoring how she is regarded by the courts. Therefore it seems that the discrimination faced by women in society carries over to the criminal justice system. Carlen (1998: 74) in her study looked at the different experience of women in prison compared to that of their male counter parts. She found that the most resounding response related to women’s role within the family both in terms of ideology and function. This was described mostly in terms of women’s role as mothers, although, also included their roles of primary care-giver to other family members, including the dependency that men had upon them. For example, male staff recognised that a powerful mix of biological ties, emotional bonds and family ideologies can affect a woman’s prison experience (Carlen, 1998:74). One respondent in particular commented that, in 99 per cent of cases when a man comes to prison he has the knowledge that his children are being looked after and the rent will be paid by the DSS, however women tend to lose their homes, and often their children to foster care. Another commented that the females have a closer bond to their children and it affects them far more. In regards to remand, one respondent suggested that, ‘If a woman has a baby while she is on remand in custody, social services will be contacted and the baby would be taken off her. She’s being denied the right to bond with that baby at such a vital stage†¦ Another problem that we have is that if they are sentenced we initiate the procedure for applying for a Mother and Baby Unit, but there are not enough mother and baby spaces for them to go to.’ (A Prison Officer, from Carlen, 1998: 79) Contemporary Criminal Justice policies can have a detrimental impact on families, in terms of both the impact of a mother’s imprisonment on their children and the impact upon the mothers. With the striking increase in numbers of women serving custodial sentences the effect that this can have on the children that a proportion of these women have needs to be taken into consideration. Ideology that contends with the view that female offenders do not deserve privileges such as regular contact with their children has a lack of regard of the fact that this also penalizes the children, Clarke (1995) refers to these children as the ‘unseen victims of a mother’s incarceration’. Although removing a child from the criminality associated with their mothers is often considered to be in the best interests of the child, this removals harmful in itself. Snyder-Joy and Carlo (1998), in their review of some of the research carried out that look at the effects of the child, found that incarcerating mothers may produce serious negative effects for the children. They found that the forcible separation and lack of close contact between mother and child may cause psychological and behavioural problems for the children, such as aggression, poor school performance, attention deficit, anger, poor social skills, depression, and sleep disruptions. In addition to this, children of incarcerated parents area risk of also ending up in the criminal justice system. In fact, Barnhill and Dresser’s 1991 research notes that, ‘children of inmates are five to six times more likely than their peers to become incarcerated themselves’ (Snyder-Joy and Carlo, 1998: 132). It can be hard to ascertain whether it is the actual imprisonment of mothers that has these effects, rather than say, the economic and social factors that may also affect their mothers, or the general way in which they have been brought up, however the research findings should not be disregarded and the potential effects of custodial sentences of mothers on children should certainly be considered when debating women’s imprisonment. Gabel (1992, taken from Snyder-Joy and Carlo, 1998: 132) sums up this situation for some prisoners and their families: Separations †¦ are likely to have been preceded by family turmoil, conflict, and dysfunction in many cases relative to family functioning in intact families †¦ Many of these families and children are vulnerable even more to further problems and behavioural disorders subsequent tithe separation itself. The latter may increase social, financial, or personal difficulties with which already dysfunctional families cannot cope. As can be seen, the act of removing children from their mothers my produce social, personal and emotional problems for the child. In addition to this the problems that originate during the imprisonment of their mothers, and that may exist prior, will be further compounded if the relationship between mother and child is so damaged that the child may be looked after by the state after release. This in itself is associated with affecting the personal social and emotional development of children and where possible should be avoided where possible. The suggestions made later when alternatives to imprisonment are considered. Imprisonment has adverse effects on women who are mothers even beyond other considerations that have been made in this paper. It has been found that incarcerated mothers report depression, anxiety and fears about their children’s safety while they are apart, as well as feelings of guilt and inadequacy in addition to concerns about returning to the family structure that existed prior to imprisonment.(Snyder-Joy and Carlo, 1998: 135) Punishment is compounded for many female prisoners when they are separated from their children. The majority of incarcerated women are mothers – estimates range from 60-80%, and most of these women were providing the primary means of family support prior to imprisonment(research outlined by Dodge and Pogrebin, 2001), Rasche (2000) commented that the harshest single aspect of being imprisoned may bathe separation of mother and child. Mental Health The assumption that women are more likely to require psychological assessment is evident in the recommendations made by the Home Office, which urges sentences to pay particular attention to the treatment of female criminals. Feminists may argue that this emphasis serves to undermine women, for example Carlen and Worrall argue that the normal women’s body could be perceived as intrinsically ‘abnormal. Menstruation, pregnancy, childbirth and the menopause result in ‘hormone imbalance’ which suggests that the women may be imbalanced at these times (From Fox, 2002: 60). However it is argued that this disposition to consider female defendants as medically unsound underpins the trend towards a treatment approach for these women, rather than a custodial sentence which would be deemed as inappropriate for their needs. A further consideration of the mental health issues and needs of female offenders can be seen later. The Efficacy of Prison Carlen (1998: 102) found that overcrowding in prisons meant that the system was unable to care effectively for those inmates that pose special problems of need, danger and risk. In fact it was found that the general consensus of staff working in the prison service was that the most prisons can hope to achieve, due to the combination of overcrowding and increasingly restrictive security measures, was ‘damage limitation’ rather than equipping inmates to lead good and useful lives when they are discharged. (Carlen, 1998: 149) ‘†¦the incapacitation effect of current levels of imprisonment is not great †¦ A general increase in the use of imprisonment, either by increasing the proportion sentenced to custody, increasing the sentences imposed or increasing the proportion of the sentence that offenders spend in custody, would not affect crime levels by any substantial amount.’ (Tarring, 1993, quoted in Prison Reform Trust1993, in Carlen, 1998:151) The problem with arguing towards a reduction in custodial sentencing for female offenders is that it can be considered a sexist response that is discordant to the attempt of the criminal justice system to treat all equally, and encouraging women to be unlawful without fear of punitive sentence. However, supported by other researchers, Carlen offers a response to this question. She argues that: firstly, the economic, ideological and political conditions in which women break the law are different to those in which man commit crime; secondly, the logic of sentencing tends to be rooted in oppressive and outmoded assumptions about the ‘proper’ role of women in society; and thirdly, that women who appear before the courts usually will have been subject to informal and ‘anti-social’ controls (not suffered by their male counterparts) which would already have affected their opportunities for full citizenship, meaning they suffer a ‘double regulation’(Car len,1998: 153). Carlen recommends that unless women have committed very serious crimes, or pose a danger to public which means they must be incarcerated as a matter of public protection, no good can come from imprisoning women, ‘Almost certainly they will require help of some description – but always of a kind that no prison can provide. Imprisonment can only damage them further, and make them more likely to break the law in the future. (Carlen, 199: 153) In response to evidence and theories presented by researchers and academics the Government have stated that, ‘Imprisonment is not the most effective punishment for most crime. Custody should be reserved as punishment for very serious offences.’ (Home Office 1988, taken from Worrall, 1997: 28). However, as can be seen later, government policy has not always reflected this view. (5) Alternatives to Custodial Sentences for Female Offenders As can be seen from the theory and evidence put forward previously, there is increasing support for the majority of custodial sentences for female offenders to be replaced with an alternative method of punishment or control. Alternatives to imprisonment may also supply a better medium for therapeutic intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice System: The Howard League for Penal Reform is today recommending that prison custody for women should be virtually abolished so that only those women who are convicted of serious and violent offences and who represent a continuing danger to the public should be held in custody. For other women offenders community based interventions that make amends for the wrong done and encourage women to change their lives offer the best change of creating a safer society. (Frances Cooke, Speaker for The Howard League, 2005). In the main, alternatives to custodial sentences involve a type of community punishment, in the form of probation, fines, and electronic tagging, for example, or specialist units. Some examples of these alternatives, and their use for female offenders, will be looked at in this chapter. Firstly, though it is important to identify the main barriers to community punishment alternatives, in order to gain a better understanding of the more specific sentences. Worrall identifies many obstacles to community punishment (1997: 13).Firstly she identifies the obstacle of public and media perception that imprisonment is the only way to punish people accordingly, with other punishments viewed as inferior. Secondly, there is the obstacle of ‘unfair’ or inconsistent sentencing, in that community sentences tend to be reserved for those who can pay, or deemed to be able to benefit from supervision which leaves certain disadvantaged groups in prison. Thirdly, there is the concept of ‘net-widening’ based on the assumption that alternatives to custody will, rather than defer offenders form prison, draw more people into the criminal justice system that may otherwise have been diverted to another agency. Fourthly, is the problem of enforcement, it is much easier not to comply with on-custodial sentences, and some believe that without the backup of threats of incarceration, community alternatives are not viable. However, despite these drawbacks it is important to consider the benefits of using alternatives to custody. Electronic Monitoring Sections 12 and 13 of the Criminal Justice Act (1991) introduced electronic tagging as a method of supervision and control and could offer a valuable commodity in the criminal justice system. However, electronic tagging systems have had a quite a number of starting up problems, and in some cases offenders under this system have requested to be put into custody as this was deemed preferable, despite Tom Stacey, founder of the Offenders Tag Association suggesting that opposition to tagging was based on wilful ignorance of the appalling nature of prison conditions (Worrall, 1997: 31). The tagging system was criticised for leaving families with very little income due to the restraints upon offenders, and for malfunctioning. According to the Prison Reform Trust (1990) by January 1990, only 46 defendants had been tagged on contracts which cost the tax payer  £564,706. Of these 24 had breached the conditions of their bail, been arrested for further offences, or absconded (Worrall, 1997: 3 2). However, if these problems can be overcome and the system used effectively, electronic monitoring may be recognised as a flexible and cost effective alternative to prison, which may be appropriate for female offenders who have been convicted of less serious, less violent and less harmful crimes. It could provide for effective monitoring and control, whilst being used alongside a programme of support and will allow for family and social ties to be retained to a greater degree than imprisonment Special Units for female offenders who are mothers As can be seen in previous chapters a need for specialist provision for female offenders with children is widely supported. In many cases affine, probation, or a curfew order, monitored by electronic tagging, for example, may be appropriate, however specialist units may also be successful in overcoming some of the problems associated with incarcerating mothers. These would supply an opportunity for female offenders to be punished and monitored without the separation of children from their mothers, whilst also providing supp

Friday, October 25, 2019

Teaching Critical Reflection :: Education Educational Essays

Teaching Critical Reflection The ability to reflect critically on one’s experience, integrate knowledge gained from experience with knowledge possessed, and take action on insights is considered by some adult educators to be a distinguishing feature of the adult learner (Brookfield 1998; Ecclestone 1996; Mezirow 1991). Critical reflection is the process by which adults identify the assumptions governing their actions, locate the historical and cultural origins of the assumptions, question the meaning of the assumptions, and develop alternative ways of acting (Cranton 1996). Brookfield (1995) adds that part of the critical reflective process is to challenge the prevailing social, political, cultural, or professional ways of acting. Through the process of critical reflection, adults come to interpret and create new knowledge and actions from their ordinary and sometimes extraordinary experiences. Critical reflection blends learning through experience with theoretical and technical learning to form new knowl edge constructions and new behaviors or insights. Learning by critical reflection creates new understandings by making conscious the social, political, professional, economic, and ethical assumptions constraining or supporting one’s action in a specific context (Ecclestone 1996; Mackintosh 1998). Critical reflection’s appeal as an adult learning strategy lies in the claim of intellectual growth and improvement in one’s ability to see the need for and effect personal and system change. Reflection can be a learning tool for directing and informing practice, choosing among alternatives in a practice setting, or transforming and reconstructing the social environment (Williamson 1997). Can critical reflection be taught in a classroom? Does the new knowledge created foster change? This Myths and Realities investigates the extent to which critical reflection can be taught to adult learners. How Do Adults Learn to Be Critically Reflective? Without agreement on what reflective practice is, it is difficult to decide on teaching‑learning strategies. Reflective practice may be a developmental learning process (Williamson 1997), may have different levels of attainment (Wellington 1996), and may be affected by a learner’s cognitive ability (James and Clarke 1994), willingness to engage in the process (Bright 1996; Haddock 1997), and orientation to change (Wellington 1996). However, there does seem to be some agreement that critical reflection consists of a process that can be taught to adults. Brookfield (1988) identified four processes central to learning how to be critically reflective: assumption analysis, contextual awareness, imaginative speculation, and reflective skepticism. Assumption analysis describes the activity adults engage in to bring to awareness beliefs, values, cultural practices, and social structures regulating behavior and to assess their impact on daily activities.

Thursday, October 24, 2019

Harp of India

Harp of India Why hang'st thou lonely on yon withered bough? Unstrung for ever, must thou there remain; Thy music once was sweet — who hears it now? Why doth the breeze sigh over thee in vain? Silence hath bound thee with her fatal chain; Neglected, mute, and desolate art thou, Like ruined monument on desert plain: O! many a hand more worthy far than mine Once thy harmonious chords to sweetness gave, And many a wreath for them did Fame entwine Of flowers still blooming on the minstrel's grave: Those hands are cold — but if thy notes divine May be by mortal wakened once again, Harp of my country, let me strike the strain!Critical appreciation The Harp of India Henry Louis Vivian Derozio The Harp of India by H L V Derozio is a patriotic poem that pays a glorious tribute to the rich tradition of the art of Indian poetry which conveys the poet‘s deep anguish at the decline of the age of old art under the slavish shackles of British supremacy. Henry Louis Vivian Derozi o was born in Calcutta [now Kolkata]. His father was Indo-Portuguese and his mother English. Though Derozio had very little of Indian blood in him, his upbringing in India greatly inspired in him Indian themes and sentiments. Derozio is generally regarded as the first Indian to write in English.Derozio’s poetic carrier was very short lasting only for about six years. Derozio, who held great promise as poet, unfortunately had premature death at the age of 23 when he was still at his prime. He is modern India’s first poet to give expression to his patriotism in verse, the first to sing of Freedom, the first to contemplate an intellectual renaissance for an ancient civilization through a new perception. In the poem The Harp of India the poet Derozio- an ardent admirer of India’s rich heritage, culture and tradition- laments the decline of the rich tradition of Indian literature during the period of British domination of India.The British imperialism made the Indian poets listless and they found nothing inspiring to compose literature except the misery of the nation. The poet Derozio pays a rich tribute to the Indian writers of the past who had enriched the Indian literature with their classic and enduring literary works and then expresses his wish to revive and rejuvenate, through his humble poetic efforts, the richness and glory of Indian literature. The poem is in the form of a Sonnet. Sonnet is a lyrical poem of 14 lines with definite rhyme scheme.Usually a Sonnet is divided into Octet [the first eight lines of the poem] and sestet [the remaining six lines of the poem]. In the Octet of the Sonnet the poet presents a problem and then tries to resole the problem in the sestet. Derozio makes a slight deviation in the tradition structure of the Sonnet that the Harp of India is divided into two equal divisions of seven lines each. However, he follows the thematic pattern of the Octet and the sestet with the presentation of the problem [the decl ine of Indian poetic tradition] and its resolution [its revival through his humble poetic efforts].The poet Henry Louis Vivian Derozio refers to the rich art and tradition of Indian poetry as the harp of India. The poet commences the sonnet with a rhetorical question as to why the glorious tradition of Indian poetry lies neglected like a broken harp hung on the leafless and withered branch of a tree. He questions whether the art of India poetry which during the period of British domination of India was almost dead, must remain in this state of coma forever, like an unstrung harp.The poet recollects that the state of Indian poetry was once rich and glorious like the sweet melodies of a harp. Now that melody is heard no more as the present times provide no inspiration to the creative minds and hearts to revive the tradition of soul stirring poetic art. The breeze blows over the broken harp of poetry without drawing any melody from it. The prevailing conditions of the times have compel led the poets and the poetic inspirations to remain mute as if bound by the fetters of silence.The art of poetry thus lies neglected, silent, and abandoned like a ruined monument in the vast wilderness of the deserts. The poet then recollects that the art of poetry, in the hands of poets of greater genius than his own, had produced remarkable achievements, the way a deft musician produces enchanting music with his harp. The remarkable works of poetry brought for their creators accolades and wreaths of appreciation. The poets belonging to the glorious period of Indian poetry continue to survive long after their demise like flowers that continue to bloom on the graves of the poets long dead.The poet laments that the poets of literary genius of the past now lie cold in their graves and the once famous poetic art lies abandoned. However, he expresses his desire to revive the dying art of poetry of his country with his humble poetic abilities and make the skies of Indian literature rever berate with melody of poetic art just as a musician of a new generation revives a tradition of music with a musical instrument that had for a long period dwelt in oblivion and obscurity.

Tuesday, October 22, 2019

Effects of Media Violence

Text: Devor, Kilbourne, Morgan and Advertisement Final draft – Essay4 EFFECTS OF MEDIA VIOLENCE There is a saying that even bad publicity is still good publicity. This concept of â€Å"publicity† may sound absurd but that is what advertisements are portraying these days. When we see the advertisements, the impact is quite shocking and offensive for a normal viewer. However, this method of advertisement is still the best way to capture the consumer’s attention and increase the sale of products.Some people believe the messages sent out through media are the true representation of the real world they live in. Unfortunately, these messages create gender stereotypes, which have characterized both males and females about how to look and act. Otherwise, they will not be accepted in the society. In the essay of Aaron H Devor, â€Å"Becoming Members of Society: Learning the Social Meanings of Gender†, he explores the concept of masculinity and femininity that crea tes our sense of identity, and how these gender codes show a relationship to power, dominance and submission.Jean Kilbourne in â€Å"Two Ways a Woman can Hurt: Advertising and Violence† and Joan Morgan in â€Å"From Fly-Girls to Bitches and Hos† argue that how a woman’s image of submission is abused and exploited through the media, leaving women disempowered and marginalized. The attached advertisement â€Å"Ultimate Attraction† provides evidence about what Kilbourne and Morgan mean by exploitation of women in our society. There is an influence that media holds that is inconspicuous by many people.However, media should not have the power to set the standards for the society since they misuse their authority to create a false image of social power that influence people, culture and how we view man’s and woman’s role in our society. Media plays an important role promoting the gender roles in our society. Advertisements, in particular, sell vis ual representations of an ideal man and woman. In other words, media contributes in constructing the image of a man as dominant whereas the woman is a subordinate member of our society.Devor comments, â€Å"conception of gender roles captures the hierarchal and competitive masculine thrust for power, which can but need not, lead to aggression and feminine quest for harmony and communal well being which can but need not ,result in passivity and dependence. [pg 531]† Our society considers that men are superior to women. They attain the true social power, which provides them a freedom to exercise their dominance over woman. For instance, on first look at the attached ad, it clearly portrays that the man possesses all the power over the woman.The ad displays a strong muscular man taking charge of the woman body and exploiting women emotion for his pleasure. Hence, this advertisement shows the dominance of the man over the women and objectifies the woman and her sexual relationshi p with the man. However, we see a lack of true social power, which is usually associated with authority, influence, and control over the other. According to the BMW ad, â€Å"the ultimate attraction† is a fancy car, and women are an attraction but just not the ultimate attraction.In this case, the true social power is possessed by BMW or a corporate entity that influences and controls the emotion of their consumers and further degrades and demeans the role of a woman in our society. These powerful corporations like BMW and others inject the ideas of negative power to men, which provide them with the ultimate freedom to exploit woman and treat them like animals. Kilbourne points out, â€Å"male violence is subtly encouraged by ads that encourages men to be forceful and dominant and to value sexual intimacy more than emotional intimacy. [pg577] sexuality is then a physical expression of the emotional bond between two individuals. When we relate this emotion to an â€Å"ultima te attraction†, we find that there is a physical bond between two people but the essence of love, care and spiritual connection is missing. If we look at the attached ad, the man, covering the face of a woman by a BMW magazine is a display of emotional violence. He is completely ignoring the feelings and emotions of the woman and using her for his satisfaction.That is the reason men have lost respect for women and treat them like sexual objects to be looked at and played with, naughty but legal. Consequently, women feel the need to go to any extent to attract the love and support they desire and allow the media to degrade their image. In a male dominated society, sex sells best. The media tries to capture the attention of consumers by any means. However, is it necessary to degrade the women at such a level? These advertisements indicate the only power woman can carry is through sexuality.Devor suggests, â€Å"Femininity styles of dress likewise display subordinate status thro ugh greater restrictions of the free movement of the body greater exposure of the bare skin, and an emphasis on sexual characteristics. [pg533]† Generally, women are characterized through their clothing but mainly by their body structure. For instance, consider any beauty pageant: the basic requirement to enter in the contest is the body structure of 34, 26, and 34. The girls have to expose their bodies at every level of the contest to succeed. The last thing that determines a winner is how she uses her brain.The beauty of a woman does not lie in her body- the real beauty lies in her heart and soul. However, media ignores this idea and continues to denigrate women in every possible way. For instance, if we look at the attached ad, the man does not care about the woman at all. He is using the girl as an object to satisfy his cravings for the car. Therefore, â€Å"the person becomes an object and violence is inevitable. This step is already taken with women. The violence, the a buse is partly chilling but logical result of objectification. pg585]† and as a result the images of women displayed in these kind of advertisements are an unjust misrepresentations of gender roles. Subsequently, media becomes the root of misinterpretation of power and further controls people’s thoughts and actions, which then leads the dominant members to impose their false authority on the subordinate members of the society. As a result, men hold a dominant position in our society and due to the media exposure, their behavior towards woman is disrespectful and controlling. They use the innocence of the woman as a road to earn money and prove their dominance over them.Real dominance is what we call control or influence over other people. In our society, this concept is associated with that of leadership. Furthermore, whoever possesses this trait is a qualified dominant member of the society. According to Devor, â€Å"In patriarchally organized societies, masculine val ues become the ideological structure of the society as a whole. Masculinity thus become â€Å"innately† valuable and femininity serves a contrapuntal function to delineate and magnify the hierarchical dominance of masculinity. pg534]† A man who appears muscular, tough, strong, aggressive, and independent reflects the true image of a male dominating figure. Our media takes great care when advertising the male stereotype and confirms stereotypical identities as structured by our society. That is what we can see in the attached ad, where a muscular man is taking charge of a woman body, and admiring his passion for a car. However, the ad is also negative towards men. The man shows his attraction for BMW but also shows his helplessness. Although he is dominant and has power over the woman, yet there is not enough power to fulfill his desire for a high status car.In other words, men in our culture have more fear then woman. They hide their emotions and disappointments and ten d to appear dominant. The things they want or fear lead them to exert his pressure over women and overcome the display of their fear. As Morgan points out about rappers, â€Å"many brothers see themselves as powerless when it comes to facing the evils of the larger society, accepting responsibility for their lives, or the lives of their children. †[pg604] This is one of the bitter truths that our society has to face: men are always afraid of commitment.For instance, in American culture, a man is always running away from the bond of marriage and taking a responsibility of his partner. He maintains his relationship until times get hard or he finds another person who is more attractive. This gives the perfect example of their fear that we can see in the rates of failed marriages. The fear of commitment prevents them to keep a healthy relationship among them. Men do not want to confirm the statement that behind every successful man there is a woman behind him. They have an egoist ic nature and that is why they cannot tolerate a woman taking charge of their responsibilities.They fear that if they show their weakness they might lose their reputation and dignity as the dominant member of the society. Therefore, every member male or female has his or her own responsibilities to the society. Due to the social pressure on every individual, they cannot disregard their obligations and responsibilities towards the society. Every gender has a role that they are supposed to follow and media has a great effect in creating these roles that each gender should possess. Each one has to follow the preset norms of their respective gender in a way.However, if anyone dares to break away from the so call gender norm, then our society would show her or him being single out and made fun of him or her for not accepting responsibilities of their gender attributes. Therefore, to avoid these circumstances and maintain the existing hierarchy, our society promotes through media the ster eotypical male and female roles that are introduced to our younger generation at an early stage of their lives. Devor believes, â€Å"the process of learning to think about gender in an adult fashion is one prerequisite to becoming a full member of society. [pg 529] In comic books, a muscular, strong, and brave man is always at the rescue of a helpless woman in trouble. This media portrays that man who possesses all the characteristics of masculinity and knows how to use against the weak becomes a super power. Yet, one of the super heroes says with great power comes great responsibility. However, when men in our society taste this power, they forget their responsibilities as a human being. If we look at the attached ad, we see a woman hands wrapped around the neck of a man, which displays her innocent love, care, and submission.On the other hand, when looking at the dominance of the man over the woman, he is completely ignoring her emotions and feelings by covering her face. That b ehavior is just shallow and irresponsible for a human being, like the other false images of true social power. In addressing the way hip-hop like advertising works on gender representation in popular culture Morgan mentions, â€Å"We desperately need a space to lovingly address the uncomfortable issues of our failing self-esteem, the ways we sexualize and objectify ourselves, our confusion about sex and love and the unhealthy, unloving, unsisterly ways we treat each other. pg606]† Any women who like to keep a healthy relationship, she expects to receive love and respect that she deserves. However, media projects women image as a prostitute and a man treating her like one, creates a negative impact on our society especially for our young generation. Boys assume that every girl is just like a woman in the advertisements. Therefore, they can use them for their pleasure and exude them to play along with another. Consequently, when a girl analyzes that if this is the only way she can attract attention of a man, she throw herself to men in an undignified and disrespectful way.That is what Morgan wants for every woman and especially the black women (women from her culture) to pull her out from this mindset and make her believe in herself. Morgan thinks that what we need in our society is self-awareness. Every woman should realize her potential and she should not consider herself any degree below the man. If media is trying to portray a beautiful woman as revealing, skinny and flawless, this is just an attempt of creating self-esteem issues and weakening the sense of pride among young females.Girls should realize that these are just the false images and stop believing that to be happy and successful they need to look likes those women in the advertisement. The day when our young females realize this reality, they do not need beauty and perfection to be happy instead they will be able to create space as a potential member and can challenge the preset norms of ou r society. Perfect society is build when every member of that society considered equal. Everyone should be able to take in the account for the consequences of their actions.However, this idea of a perfect society is just a fantasy because we can never have a perfect society. That is only because nobody wants to take the responsibility of their behaviors and think of the impact on others or the environment before taking an action. For instance, media has snatched the power from the people to think responsibly and control the society by creating a hierarchy. We can clearly acknowledge the impact of media images and stereotypical gender images have on people.The media has continuously exploited women image and promoted the message that women are meant to be seen and played and never to be taken seriously. Thus, media in a way has provided men with ultimate power and authority that they use to impose their dominance over women. Media does not take the responsibility of the hierarchy the y have created because they are only interested in their profits. Therefore, we have to wake up and differentiate between reality and fantasy, since only then we can create a perfect responsible society based on equality, respect, and peace.