Women and Criminal Justice

Women and Criminal Justice

Introduction

In the XXI century we still live in a system characterized by male dominance, ambition and the most varied capitalist hierarchies between men, between men and women and between women. This originates capitalist patriarchy in families dominated by the father, or the structure that is reproduced and maintained by institutions such as law, education, science, media, economics, history, religion, and family. Institutions which in turn legitimize a social, economic, cultural, religious and political by which women as a gender are subordinate to men.

This system maintains and reproduces the subordination and discrimination of women and as a command structure that is articulated with other structures and conditions of subjects, such as nationality, age, class, ethnicity, race, disability visible, sexual orientation, religious belief, politics, etc. that can function as oppressions or privileges, depending on space, time, condition and status of persons (Banks, 2003). Every man and woman hold different conditions that would complicate or simplify the forms of oppression, but women as a gender, are always subject to public and political domain of men.

Discussion

However, to point out here that the term "gender" as the historical and social construction that has been made of the powers and social, cultural, political, psychological and economic are final of men and women and about expected behaviors and the other in this society. This allocation of roles, attitudes, feelings, values, behaviors, beliefs, qualities, rights, duties and taxes and required behaviors for women and men, they do not appear common human characteristics, but with diametrically opposite characteristics, thus abstracting contexts actually living social.

The criminal law does not escape the ideological parameters that respond to sexual and social model of Latin American societies. Conversely, the speech and criminal evidence reinforces a female model constructed from the male view on women.

The paradox then, at least for those who believe that the law and criminal law in particular, can contribute to social change, is how to ask the discriminatory social control instrument par excellence, public protection of the private sphere? How regularly through these dangerous criminal law dimensions of the private sphere, but they are in the hands of or under the scope of the punitive cheater? How do not legitimize attacks on women are less important than other crimes? A doctrinal level we can find those who are in favor of a criminal law abolitionism minimum reaching out to those who struggle to ...