Chemin Alternative

The 'Premeditated' Creation of the 'Violent' Female

Offender In Canada

Colleen Anne Dell

Empirical research and theoretical literature in the area of 'violent'

female offenders is virtually non-existent in Canada. That which exists

primarily portrays women involved in 'violent' offences as 'unnatural/
evil' or as 'helpless victims'. These characterizations are upheld in the

limited inquiry into and portrayal of 'violent' conduct by females in var-

ious realms of Canadian society. The aim of this paper is to examine the

relationship between the 'unnatural/evil' and 'helpless victim' 'violent'

female offender identities and the ideological and material (physical)

control of 'violent' female offenders. The 'violent' female offender iden-

tities are explained to be a desired result of the operation of a form of

capitalist patriarchy. Using the unified-systems variant of socialist femi-

nist theory, it is argued that the ruling class in capitalist patriarchy must

maintain the marginalization of women's productive and reproductive

labour to perpetuate its own 'powerful' position 1 . It is proposed that
increasing female emancipation in Canada is viewed as a threat to this

form of capitalist patriarchy. Examples within the Canadian criminal jus-

tice system of the material and ideological maintenance of the oppres-

sive identities are provided to invoke the reader to reflect critically upon

the gendered structure of this institute of the Canadian state.

This paper begins with an overview of the unified systems variant of

socialist feminist theory. Both material and ideological forms of control

are addressed. This preempts a discussion of the identification of the

'violent' female offender as 'unnatural/evil' and a 'helpless victim' as a

means of oppression. Third, theoretical literature and empirical research

is reviewed and support shown for the perpetuation of the oppressive
identification of 'violent' female offenders. And last, examples within
the Canadian criminal justice system of material and ideological control

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supporting the oppressive identification of 'violent' female offenders are

presented.

The Unified Systems Variant of Socialist Feminist Theory

There are several variants of socialist feminist theory, diverging in focus

and origin. 2 Following the early period in socialist feminist theorizing,

which was dominated by efforts to relate Marxism to women's paid and

unpaid labour, concern shifted in the mid 1970s to specifying the theo-

retical links between a concept used widely by radical feminists and

women liberationists - patriarchy - and Marx's theory of capitalism. It
was no longer the theoretical aim of socialist feminism to Tit' women
into Marxist categories, but rather, it was to transform and unite the two

separate theoretical traditions. One stage in the development of socialist

feminist thought was unified systems theory, which emerged in response

to criticisms of its predecessor, dual systems theory3 . Unified systems

theory's concept of capitalist patriarchy is the foundation of the expla-

nation of the creation and perpetuation of oppressive 'violent' female

offender identities in Canada.

Unified systems theory sets out to "describe and explain all forms of

social oppression, using knowledge of class. ..hierarchies as a base from

which to explore systems of oppression centring not only on class, but

also on gender" (Lengermann and Niebrugge-Brantley, 1988:426-27). It

views class (capitalism) and gender (patriarchy) structures as inextrica-

bly intertwined (Tong, 1989:185). It analyses capitalism
4
and patriarchy 5

together through the use of one concept: capitalist patriarchy
6

. This form

of capitalist patriarchy "emphasizes the existing mutual dependence of

the capitalist class structure and male supremacy" (Eisenstein. 1979). It

centres on the structure of patriarchal society and the operation of its

capitalist institutions, such as the criminal justice system, as controlling

forces in the lives of women. It claims production (capitalism) and

reproduction (patriarchy) comprise the foundation of Canadian society

which uniformly facilitates female oppression and male domination

(Comack, 1992).

A base concept of unified-systems theory is the gender division of
labour. Historically, with the advent of capitalism in Canada, women

were allocated the role of the reserve army of labour
7
(Martin, 1986).

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Chemin Alternative

The reserve army oflabour worked, and continues to work, to marginal-

ize women's productive and reproductive labour8 . The marginalization

of women is an essential component of capitalism.
To understand the relations of production (capitalism) and reproduc-

tion (patriarchy), one must examine their inter-relation ofpower (Eisen-
stein, 1979:21). Unified-systems theory is interested in understanding

the system of power derived from capitalist patriarchy. In industrial Can-

ada, the interconnected nature of the power of patriarchy and capitalism

results in specific patterns of social involvement.

Focussing on the system of production and the gender division of

labour, an upper class exists (men) that has a ruling and exploitative rela-

tionship with the working class (women)9 . The upper class possesses

power in Canadian society. This is in the form of both ideological and

material control. Messerschmidt explains:

What maintains this class rule are both repressive and ideo-

logical institutions of the 'superstructure'. The capitalist

class is served by, and so controls, at least indirectly, the

means of organized violence represented by the state - the

military and criminal justice system. Through its preeminent

influence on the state, the capitalist class is able to repress

behaviours that challenge the status quo. Other institutions,

like the educational system and the mainstream media,

expound an ideology supporting the status quo. Overall,

then, the relations of production under capitalism have both

material and ideological dimensions (1986:32).

Focussing on the system of reproduction and the gender division of

labour, patriarchal relations are essentially power relations with men

exercising control over women by appropriating their labour power 10

and controlling their sexuality" (Messerschmidt, 1986:34). Messer-

schmidt states that

...men control the economic, religious, political and military

systems of power in society. Women's exclusion from these
positions is fundamentally parallel to their regulation of pri-

mary responsibility for reproductive labour. This exclusion

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is a major reason why women are relatively powerless to
centrally change. ..the sexual division of labour (1986:34).

Since the ruling class is primarily comprised of men, behaviours that

question patriarchy are repressed. As well, institutions of the state 12 ,

such as the criminal justice system, uphold the patriarchal ideology of

the ruling class. Relations of reproduction under patriarchy, like relations

of production, have both material and ideological dimensions (Messer-

schmidt, 1986:34).

Overall, the systems of production (capitalism) and reproduction

(patriarchy), from a unified-systems theory perspective, unite in their

oppression of women. Together they maintain the gender division of

labour and thus ensure the marginalization of women. This is done in the

interest of the ruling class to preserve its position of power in this form

of capitalist patriarchy. As outlined, two concepts are central to this

understanding: material and ideological control within both the produc-

tive and reproductive spheres.

A Socialist Feminist Explanation ofthe Identification ofthe 'Violent'
Female

Offender as 'Unnatural/Evil' and a 'Helpless Victim'

Acknowledging the location of power in this form of patriarchal capital-

ism provides a basis for understanding why women 'violent' offender
identities are created and perpetuated in Canadian society. In 1976 Carol

Smart stated:

[i]n the past female criminality has not been thought to con-

stitute a significant threat to the social order and even in the

present, with the increases in the rates of offenses commit-

ted by women, criminologists and policy-makers are slow to

re-evaluate the notion that female offenders are little more

than insignificant irritants to the smooth running of law and

order (2).

Twenty-three years later, a development has occurred from Smart's posi-

tion: women are perceived as a threat to the social order (capitalist patri-
archy). From a socialist feminist perspective it is suggested that

H6 Volume 15, 1999



Chemin Alternative

identification of 'violent' female offenders as 'unnatural/evil' and 'help-

less victims' in Canada is a manifestation of female oppression.

In the past three decades, women's escalating power has been both

challenged and sanctioned as a threat to the patriarchal structure of capi-

talism (Messerschmidt, 1986; Wolf, 1991). In the interest of maintaining

capitalist patriarchy, constraints exist on women to ensure they do not
acquire a degree of power that will upset the gender division of labour

and existing social order: ruling class dominance. A primary technique
has been the promotion and sustenance of a 'powerless' female character

structure. Women and girls are encouraged to be passive, weak, compla-
cent, dependent and non-violent (Steffensmeier and Allan, 1996:477).

This is exemplified in Canada through such mediums as

advertisements 13 , public attitude
14

, television programs, pornography

and cartoons (Wolf, 1991).

Females who participate in 'violent' conduct exude characteristics
associated with the masculine character structure - strength, aggression,

independence, autonomy, boldness and violence. These characteristics

do not 'fit' the condoned patriarchal image of the Canadian female.

Lloyd describes the violent female as 'not living up' to her socially pre-

scribed oppressive female role (1995:36). In fact, the 'violent' female

challenges the condoned female and male character structures in this

form of capitalist patriarchy. She dismisses portions of the female char-

acter structure and adopts elements of the male character structure. In

doing this, the 'violent' female dismisses the powerless values of capi-

talist patriarchy (female characteristics) and adopts the powerful ones

(male characteristics) (Messerschmidt, 1986:40).

From a unified systems theory perspective, it is proposed that an

oppressive 'violent' female offender identity has been developed as the

condemned prototype against which the socially oppressive and con-
doned feminine character structure is compared. This has been done in

the interest of the ruling class because when women transcend the gen-
dered image of the 'female', it is a direct challenge to the current struc-

ture of capitalist patriarchy. Simply, the 'violent' female offender poses a

threat to patriarchal authority (Knelman, 1998). Breaking the law

becomes secondary to the 'violent' female breaking from her 'feminine'

identity. Identifying 'violent' women as 'unnatural/evil' and 'helpless
victims' maintains and perpetuates power differences in society: the

dominance of men and the oppression of women. The 'violent' female

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identity is suggested to be linked to a broader public agenda, set and con-

trolled by men (Knelman, 1998). It is suggested here that the identifica-

tion of 'violent' women as 'unnatural/evil' and 'helpless victims'
maintains power differences in society: the dominance of men and the

oppression of women. Support will be provided for this suggestion

through examination of existing theoretical literature and empirical

research on female 'violent' offenders and two examples within the

Canadian criminal justice system.

Female 'Violent' Lawbreakers in the Literature

This section summarizes an extensive review of theoretical and empiri-

cal explanations of the 'violent' female offender. The review is extensive

in terms of the search for, but not on, the literature due to an absence of

scholarship. This (lack of) finding, is supported by others' reviews of the

Canadian and American literature (Brownstein et al., 1994; Faith, 1993;

FSW, 1995; Shaw l5 ,1995a; Shaw. 1995b ). The aim of this section is to

demonstrate, from the literature uncovered, the predominant identifica-

tion of the 'violent' female offender as 'unnatural/evil' and a 'helpless

victim'. A socialist feminist understanding of this identity as a means of
female oppression is provided. This section begins with the definition of

violence employed in this paper.

Violence Defined

The Criminal Code of Canada classifications of violent crime include

...assaults ranging from less serious offenses as threats to

use violence, or pushing or shoving, through to serious

attacks which result in physical injury; sexual assaults; rob-

bery which may involve a threat to use force, a display of a

weapon, use of a weapon and actual physical force; abduc-

tion; infanticide, attempted murder, murder and manslaugh-

ter (Shaw. 1995a:8).

The Criminal Code classifications are not questioned in this paper

because the aim is to examine the application of the 'violent' offender

label (or lack of it) to women charged with or convicted of a 'violent'
crime. The existing Criminal Code definition and its classifications of

violent crime is reflective of the masculine character structure and. thus.

88 Volume 15, 1999



Chemin Alternative

the powerful values of capitalist patriarchy discussed to this point in the

paper. It has been asserted that the ruling class identifies women who
commit 'violent' crimes as 'unnatural/evil' and 'helpless victims' rather

than as violent because to attribute the characteristics associated with

violent crime to women in capitalist patriarchy would provide them with
the characteristic power normally attributed to men. The identification of

female 'violent' offenders as 'unnatural/evil' and 'helpless victims'

serves to promote/maintain the dominant position of the ruling class in

Canadian society. Messerschmidt poigtently states that "[tjhe capitalist

class is served by, and so controls, at least indirectly, the means of orga-

nized violence represented by the state... - the criminal justice system"

(Messerschmidt, 1986:32). Critical attention (such as that located in the

literature on women's use of violence in self defence 16) is needed to

address the Criminal Code definition of 'violent' crime, but that is

beyond the scope of this paper.

Theoretical Explanations of the 'Violent' Female Offender

It has been suggested in this paper that the theoretical literature on 'vio-

lent' female offenders, from a socialist feminist perspective, assists in

the maintenance of the operation of capitalist patriarchy by presenting an

oppressive and powerless identity of the 'violent' female offender as

'unnatural/evil'. Variations of this identity include 'inherently con-

trolled' (i.e., mental illness) and 'an aberration to the true feminine

female'. A second common explanation of the female 'violent' offender
is as a 'victim', helpless and powerless. It is important to note that this

literature review focuses on the identification of the female offender in

general, due to the severe absence of early theorizing specific to the

'violent' female offender. As eluded to, the absence of literature com-
monly resulted in often inaccurate conclusions.

Individual Explanations

Traditional theories of female criminality adhere to sexist stereotypes of

women, treat women as 'other', and perceive women and their crimes as
single conceptual categories 17 These theories are dominated by the indi-

vidual pathology perspective that is based in biological, 18

psychological 19 and societal 20 (view women as socially sick) explana-
tions. Characteristic of these studies was the tendency to take what the

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authors innately 'knew' about women's nature and locate evidence to

support their positions. To illustrate, Lombroso, who focussed on the

relationship between physical traits and criminality, concluded in his

1895 text. The Female Offender, that

[ijt is evident. ..that. ..anomalies be frequent in the crania of

female criminals (and especially of murderesses)... .[A]

comparison of the criminal skull with the skulls of normal

women reveals the fact that female criminals approximate
more to males, both criminal and normal, than to normal

women. ...(1895:27-28)

In reviewing contemporary individual based theories of female 'violent'

crime, the legacy of the traditional studies is apparent (Lloyd, 1995:xvi;

Smart, 1976:16). For example, women's conduct continues to be over-

medicalized and explained by pre-menstrual syndrome21 , mental

illness
22

, and heredity
23

. To illustrate, Dabbs and Hargrove (1997) analy-

sed the interacting effects of age and testosterone on criminal and institu-

tional behaviour of female inmates. They concluded that testosterone is

related to criminal violence and aggressive dominance in prison among
women, as has been reported among men. Dabbs and Hargrove (1997)
also claimed: "[clorrectional studies have found women with higher tes-
tosterone levels engage in more sexual activity, drink more alcohol, enter

more competitive occupations, and behave in a more masculine and ram-

bunctious manner than low testosterone women" (477).
Individual theories of women's (violent) lawbreaking introduced

women into criminological explanations, however, it remains question-
able whether the attention has been more of a detriment than no atten-

tion. Individual based explanations identify women as 'unnatural' for
displaying traits of the masculine character structure (e.g., violence).

This assists in maintaining ruling class dominance by preventing women
from acquiring characteristics of the masculine (powerful) identity. Sim-

ilar to traditional theories, contemporary theories do not present

women's 'violent' criminal conduct as a consequence of their volition,

but rather, due to their hormones, mental illness and the like. Viewing

women's conduct as inherently determined denies women autonomy,
again, a characteristic of the masculine character structure.

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A shift from individual-based explanations to the acknowledgement
of societal influences in women's crime surfaced in the late 1960s with

role theory
24

. Role theory focussed on differential socialization, differen-

tial illegitimate opportunity structures and differential social reaction

(Smart, 1976:68). Role theory, however, ignored the 'larger picture': it

neglected to question why women were assigned specific roles (Som-
mers and Boskin, 1994:18). Essentially, role theory did not acknowledge

the patriarchal structure of society. Again, considering there was minor,

if any, focus specific to female 'violent' offenders, a similar conclusion

is drawn.

Societal Explanations: Emancipation and Opportunity Theories

Societal accounts of female criminality similarly emerged in the late

1960s with the advent of feminist theory and feminist criminology.

Heidensohn's (1968) work initiated focus on the social domination of
women and its relation to crime. The first theory to acquire large-scale
attention was Adler's emancipation/masculinity thesis (1975), and to a

less extent was Simon's occupational/opportunity thesis (1975). Both

proposed that as women's roles became less structured, they had
increased opportunity to deviate from their traditional roles and commit

criminal acts conventionally committed by men (Smart, 1976:70-76).
Adler, for example, proposed the increase in women's crime was a con-

sequence of the women's liberation movement. She stated:

In the same way that women are demanding equal opportu-
nity in fields of legitimate endeavour, a similar number of

determined women are forcing their way into the world of
major crimes... .It is this segment of women who are pushing
into - and succeeding at - crimes which were formerly com-

mitted by males only. Female(s)...are now being found not
only robbing banks single-handedly, but also committing

assorted armed robberies, muggings, loan-sharking opera-

tions, extortion, murders, and a wide variety of other

aggressive, violence-oriented crimes which previously

involved only men (Adler, 1975:13-14).

In Canada, the research of Fox and Hartnagel (1979) similarly sup-

ported that "changes in various aspects of women's structural position in

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society affect[ed] female crime rates" (96). Although such theories did

not focus specifically upon the 'violent* female offender, they did make

reference in passing to increasing violence (traditionally characteristic of

a male offender) committed by females. For example, Adler stated:

"(wjomen are indeed committing more crimes than ever before. Those

crimes involve a greater degree of violence, and even in prison this new

breed exhibits hitherto unmatched pugnacity" (1975:3).

Adler's work sparked immense debate within the tradition, which

eventually led to its discredit. However, as Faith (1993) claims, "(t]he

attention that came to her [Adler's] work assured a place for issues on

women and crime on the criminological agenda" (68). The myth of the
liberated female offender sporadically surfaces in contemporary work,

most often as a backlash to feminism, but overall it remains largely

silent. Supporting the maintenance of this silence is the fact that there

has not been an increase in the past decade of women's involvement in

crime in general25 and "violent" crime in particular26 - 27 (Dell, 1993;

Faith, 1993; Lloyd, 1995; Shaw, 1995b). Focussing on 'violent' offences

over the past several decades in Canada, women have firmly comprised
12% of the total violations against a person (Faith, 1993; Shaw,

1995b:188).

In 1976 Sman advanced the theoretical position that the emancipa-
tion and occupational theories were an attempt to scientifically legiti-

mize women's inferior social position (76). This remains a supported

position today. In 1996 Jones claimed "Adler was quite right that the two

phenomena - the women's movement and female criminality - go

together, but not as she supposed in terms of cause and effect. It is sim-

ply that the presence of one prompts the fear of the other" (3). Similarly,

Lloyd states:

(t]his...myth is proving durable precisely because it provides

yet another stick with which to attack women who are work-
ing to improve the position of women in our society. It's a
new. ..way of blocking that improvement, a new way of

keeping women in line ( 1995:52).

And as well, Chesney-Lind (1980) claims: [i]t is lime to recognize

clearly the notion of the liberated female crook as nothing more than

another in a century-long series of.. .attempts to keep women subordinate

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Chemin Alternative

to men by threatening those who aspire for equality with the images of
the witch, the bitch and the whore ( 1980:29).

The emancipation and opportunity theories suggest increasing oppor-

tunity is the cause of escalating female participation in crime. These the-

ories advance that because females are exceeding the confines of their

'traditional' social roles, they are increasingly participating in criminal

conduct, including 'violent' crime traditionally committed by men. Con-

sequently, these theories confine women to their powerless role in capi-
talist patriarchy. This, once again, upholds the ruling class interest of

maintaining the gender division of labour: women are denied 'powerful'
(masculine) characteristics.

Victimology

The victimology school of thought is rooted in the work of Elias (1986).
With feminist criminology's increasing focus on the 'larger picture' in

the 1980s, the role of the victim in society was acknowledged. This

resulted in a view of women's violent conduct as a response to their vic-

timization in an abusive situation or to a past abusive experience (Shaw,

1995b: 120). Two examples are the theory and legal defence of the bat-
tered-woman syndrome2829 and the thoroughly publicized 1996 Cana-

dian criminal justice system's review (by Judge Rutushny) of the cases

of 98 women who claimed to have killed their partners in self-defence.
Using Judge Ratushny's review as an example, the paramount message

depicted was that female 'killers' were wrongfully convicted because

they acted in self-defence to an abusive partner. To illustrate, Rutushny

stated the review "...is valuable. ..because it helps us. ..understand why
these killings happened and whether abuse led to it" (The Winnipeg Sun.

1996:3).

Theories emerging from the victimological school of thought have

placed our understanding of 'violent' female offenders in a macro con-

text, but they have overwhelmingly treated women as 'powerless' vic-
tims within it 3". The identity of 'victim' portrays women as incapable of
self-initiated violence and therefore devoid of the masculine character of

autonomy (a characteristic of power in capitalist patriarchy). It identifies

women as 'helpless victims' and this upholds the condoned female char-
acter structure (i.e., helpless and weak) in Canada's capitalist patriarchal

society. Additionally, by portraying women as merely reacting to men's

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violence, it oversimplifies their crime and thereby repeals them of their

autonomy once again (Shaw, 1995b: 121).

It is important to note that a main reason 'violence' by women has
not been addressed by feminist criminology is for fear it will undermine

feminist analyses of sexual violence and gains made by the feminist

movement in general (Kelly, 1996:36). For example, "(d]uring the early

1990s we. ..witnessed some individuals in the professions and the media

seizing upon emerging evidence about women's use of violence to make

outspoken attacks on feminist analysis" (Kelly, 1996:35). There has been

a 'backlash' against feminist theory with suggestions of women being to
blame for their victimization (Straus et al., 1980) and the 'battered hus-

band syndrome' (Steinmetz, 1977/78)
31

. One constructive response to

such public debate and tactic, argued by Schwartz and DeKeseredy

(1993), is 'news making criminology'. They claim "it is essential for

feminist researchers to avoid limiting their presentations of alternative

messages to academic settings or community groups. It is essential that

feminist researchers. ..make strong attempts to disseminate their argu-

ments through the mass media" (Shwartz and Dexeseredy, 1993:260).

Not addressing the issue of female 'violent' crime has resulted, as

argued, in women being incessantly vilified as 'unnatural/evil' or por-
trayed as 'helpless victims'. Similar to the slated criticism of individual

theories of female 'violent' crime, it is important the topic of violence by

women be raised. I agree with Shaw's (1995a: 15) claim that it is very
difficult for scholars, journalists and other social critics to view women
as having abused, however, it is imperative that sense be made of the

issue. Simply, the lack of attention has facilitated the perpetuation of an

oppressive and 'powerless' identification of female offenders.

In consideration of the range of explanations of the 'violent' female

offender reviewed, from the individual pathological and emancipation

and opportunity theories' focus on the 'unnatural/evil' identity to femi-

nist criminology's focus on women as 'helpless victims', the limited
nature of the explanations and thus the limited advancement in explain-

ing the female 'violent' offender becomes evident. Feminist criminolog-

ical theory, similar to traditional criminological theory, is guilty of

allotting neither adequate attention nor autonomy to women who commit
'violent' crimes (e.g., Messerschmidt. 1986). The form of capitalist

patriarchy discussed in this paper is upheld by the theories: (1) presenta-

tion of an oppressive identification of the 'violent' female offender as

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Chemin Alternative

'unnatural/evil' or a 'helpless victim', and (2) neglect to address the

oppressive 'violent' female offender identity, which in turn enables the

identity to be perpetuated. A similar criticism is made of the empirical
research.

Empirical Accounts of the 'Violent' Female Offender

Similar to the theoretical literature on 'violent' female offenders, empiri-

cal accounts assist in the maintenance of the operation of capitalist patri-

archy by presenting a powerless and oppressive identification of the

'violent' female offender. Empirical accounts and official statistics iden-

tify the 'violent' female offender as 'unnaturaL/evil' and. similar to the

above explained focus on the 'violent' female offender as a 'helpless

victim', devoid women of the powerful masculine characteristics typi-
cally associated with violence.

Official Statistics

Official statistics are one means of measuring the amount of 'violent'

crime committed by women. Official statistics alone cannot, however, be

used to draw conclusions about the extent of women's 'violent' conduct

(or any conduct for that matter) 32 . They can be used, however, to exam-

ine the identification of women (or lack of) as 'violent'. To explain, the
work of Zay purports that official data on deviance fulfills one important

function: "they indicate the extent to which, and method whereby, the

public agencies of social control are dealing with the deviance they

define" (1963)
33

. For example, official Canadian statistics demonstrate

that women charged with a 'violent' crime are most likely to be con-
victed of a minor assault in comparison to a major assault (Dell and Boe,

1998; Faith, 1993; Lloyd, 1995:56; Schur, 1983:36; Shaw, 1995a; Shaw,

1995b:188).

These examples support that the ruling class in capitalist patriarchy,

through state institutionalized means, oppresses women to maintain its
dominant class position. It is in the interest of the ruling class to not offi-

cially define women as violent because that would attribute 'powerful'
masculine characteristics to them. The empirical research on 'violent'

women offenders provides further reasoning.

Empirical Research

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In the introduction to this section a severe absence of Canadian and

American empirical literature on violence by women was claimed. Oth-
ers who have attempted to review the literature, such as Brownstein et al.

(1994), Faith (1993), FSW (1995), Shaw (1995a) and Shaw (1995b).
have reached comparable conclusions. Shaw, for example, stated:

[t]he lack of basic information about women who commit
violent offenses is a particular problem in Canada although

it has been noted elsewhere. ...In Canada there are no

national court statistics or in-depth studies which would

allow us to look at the issue of violence by women in any
detailed way. There exists only a handful of studies which

have attempted to approach the issue (1995b: 120).

An overwhelming characteristic of Canadian and American studies

that address female 'violent' offenders is that they predominantly focus

on women who have killed (e.g., Jones, 1996: Pearson. 1997; Priest.
1994; Walford, 1987) and thus are presented in the context of 'curiosity'

and 'intrigue'. This suggests an 'unnatural' nature to 'violence' by

women. Patricia Pearson's (1997) book. When She Was Bad. How and
Why Women Get Away With Murder, is a prime example, noting it was
the recipient of the 1997 Arthur Ellis Award for Best True Crime. The

closing cover of Person's text reads:

When She Was Bad explores the heart of female darkness
and shows that women are more violent than anyone sus-
pected. Patricia Pearson includes spell-binding portraits of

contemporary murderesses including Karla Faye Tucker,

who was recently executed for having killed two people
with a pickaxe. ..[and]. ..Karla Homolka. who raped and
killed three women, including her sister and then blamed it

on the battered-wife syndrome (1998).

A second defining characteristic of studies that address female 'violent'
offenders is the explanations concentrate on a single explanatory factor

(this simplifies the women's conduct/renders women helpless). These
explanations are characterized by three themes: ( 1 ) altruism, (2) physical

nature of the offence and (3) substance abuse. Each is illustrated.

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Chemin Alternative

The first prominent Canadian study of female violence focussed on

women who killed and was conducted by Rosenblatt and Greenland,
1974. This study examined the circumstances of homicide and wounding

cases and concluded women's violent crimes were altruistic. Because so

few studies existed at the time in Canada (and still do not exist), Rosenb-

latt and Greenland's study has been routinely cited and its findings gen-

erally left unquestioned. Unfortunately, the study is neither generalizable

to the population it studied nor to women serving federal sentences
today.

Another landmark study on violence by women, again focussed on

homicide, was conducted by Ward and Ward (1979) in the United States

and had considerable influence in Canada. The authors' concluded that

women killed men when men were at their physical weakest (e.g., asleep
or ill) (Shaw, 1995a: 17). Other studies that have relied on physiological

explanations are Wolfgang (1958) who reported women used minor
physical strength to commit murder, and Felson (1996) who concluded
physical power was an important factor is explaining the female decision

to engage in violence (i.e., homicide).

The third theme of studies on violence by women is the establishment
of a connection between women's violence and substance abuse. Recent

studies by Brownstein et al. (1994) and Robertson et al. (1987) con-

cluded the use of alcohol and illicit drugs were strongly correlated to

women's violent conduct.

Once again, two defining characteristics of Canadian and American

studies that address female 'violent' offenders are: (1) they focus on the

'curious' aspect of violence by women, specifically women who killed,
and (2) they are overly simplistic (propose a single explanatory factor).

Each criticism is addressed in relation to its perpetuation of the oppres-

sive female 'violent' offender identity as 'unnatural/evil' or a 'helpless

victim'.

First, the studies onerously focus on the most 'curious' aspect of vio-

lence - the act of killing. The sensationalization attached to murder in

itself endorses a negative identity to the female offender as 'unnatural/

evil'
34

. Faith supports that "murder stories, when focussed on the deed,
take on the quality of monster tales" (1993:97). Left untouched are the

circumstances and nature of the crimes. The act of killing is misleading

without an understanding of the context (Lloyd, 1995:xviii). For exam-

ple, to understand the relationship between violent crime and substance

Volume 15, J 999 97



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abuse for Aboriginal women, it is necessary to contextualize it within

their oppressive history. Studies that focus on women who killed rou-
tinely identify them as 'unnatural/evil', that is, as an aberration to the

'true feminine female" (Lloyd. 1995). As discussed, this serves as a

means of oppression.

And second, the studies propose a single explanatory factor (altruis-

tic, physical, substance abuse) for female 'violent' crime. Explaining

women's crime with a single factor makes the conduct overly simplistic

and thus disempowers the women offenders. This is similar to the argu-
ment against identifying the female offender as a 'helpless victim".

Though limited counter-research exists in the area, a 1989 study of fed-

erally sentenced women in Canada, as part of the Federally Sentenced
Women Initiative, concluded a 'type' of violent crime committed by
women and a 'type' of female violent offender does not exist (Sugar and
Fox. 1990). Similarly, a study of female 'violent' offenders by Shaw

( 1995b) concluded that all women were not found to act violently in
response to a violent situation (e.g., domestic abuse) (122). The studies

of female 'violent' conduct cited in this section rudimentarily 'typify'

the female offender to causally explain her 'violent' conduct with one

explanatory factor. Overly simplistic explanations of women's violent

conduct deny the crimes of power (i.e.. void women of autonomy). We
can see, once again, how refusing to equate the powerful characteristics

of violent crime (i.e., autonomy) with the female 'violent' offender

serves an oppressive function: dominance of the ruling class in the form

of capitalist patriarchy discussed.

As a final point, the absence of studies (and therefore knowledge) on

'violent' female offenders contributes to the perpetuation of existing

oppressive characterizations as 'unnatural/evil' and a 'helpless victim'.

Because so few studies exist, those that do are presented and accepted as

'truth' due to the absence of counter-research (i.e.. Rosenblatt and

Greenland. 1974).

The Canadian Experience

It has been shown in this paper how criminological theories and studies,

as well as the lack of them, have contributed to the creation and perpetu-

ation of the oppressive identification of the female 'violent' offender as

'unnatural/evil' and a 'helpless vicitm'. It has been suggested that these

identifications, in the interest of capitalist patriarchy, operate to disem-

98 Volume 15, 1999



Chemin Alternative

power women. Adhering to the outlined variant of socialist feminism, it

was claimed that through the relations of production and reproduction

our current form of capitalist patriarchy (ruling class power) is main-

tained in two ways: material and ideological control. Once again, ideo-

logical control refers to strong ideas/beliefs characteristic of a group

(and its individuals) that influence social and political action and which

results in the justification of inequitable social stratification. Material

control pertains to elements of control that are tangible/physical/palpa-

ble.

This section of the paper briefly introduces an example within the

Canadian criminal justice system (an institution of the ruling class) of

the material maintenance and an example of the ideological maintenance

of identification of 'violent' women offenders as 'unnatural/evil' 16 . The
examples support the view that, as Lloyd states, "...the system operates

against such deviant women because the system itself is deeply embed-
ded in a very traditional and conservative part of the society on whose

behalf it operates" ( 1995: 193). The aim of introducing the examples is to

invoke the reader to reflect critically upon the gendered structure of an

institution of the Canadian state, the criminal justice system.

Material Control

The operation of the Canadian criminal justice system, in its support of

the interest of the ruling class, condones the material control of women it
identifies as 'violent' offenders through physical violence. An horrific
example was the treatment of female offenders as 'unnatural/evil' on

April 26 and 27, 1994, at the Prison for Women (P4W) in Kingston.
Ontario. The Kingston Penitentiary Institutional Emergency Response

Team (riot team) was called into the women's institution to 'extract'
what the institution claimed were 'rebellious' prisoners from their cells

following two days of again claimed 'rebellious' conduct (Marion,

1996:125). In the Commission of Inquiry that ensued the cell extrac-

tions. Judge Arbour concluded the 'rebellious' acts of the female offend-

ers were not. in fact, 'rebellious'. She claimed the women's conduct did

not pose a threat to the safety of the institution or its occupants (1996).

The conduct, however, in the view of the prison 'rebelled' what it identi-

fied as 'appropriate' female conduct.

A video was taken of the actions of the riot team with the female
offenders (recalling they were not found to have acted 'rebellious' as

Volume 15, 1999 99



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was claimed) and it revealed 'shocking images of female prisoners being

stripped naked, shackled, prodded with batons and forcibly removed

from their cells by male guards in riot suites and helmets' (Marron.

1996:124). The so claimed 'rebellious' women were treated as 'unnatu-
ral/evil'. To illustrate:

A Native woman who had been stripped while she was
apparently half-asleep looked disoriented and totally humil-

iated, as she was forced to back up against a wall with a

transparent plastic riot shield against the front of her naked

body. Another naked woman kneeled with hands behind her
head, motionless as if in a yoga position, asking in vain for a

gown, while a chain was fastened around her waist and two

guards stood in front of her with their batons raised like

erect penises. But perhaps the most disturbing images were

of a woman protesting and struggling as two men pinned
her, face-down on the floor, and helped a female guard rip

her clothes and tear them from her body (Marron,

1996:124).

This disturbing image depicts the treatment of female offenders as 'evil/

unnatural' when in fact, once again, their preemptive conduct was later

not deemed as such by the Commission of Inquiry (Arbour, 1996). The

only 'rebellion' may have been that the women's conduct did not adhere

to the socially sanctioned patriarchal prototype of femininity held in the

view of the Canadian criminal justice system. On April 26 and 27. 1994.
women at P4W had their power and autonomy stripped from them both
physically and as inmates within a Canadian capitalist patriarchal

institution
36

.

Ideological Control

It has been suggested in this paper that the female 'violent' offender

identity is deliberately created to maintain the current form of capitalist

patriarchy. It was shown that the characterization of the female 'violent'

offender as 'unnatural/evil' and a 'helpless victim' is perpetuated in the

theoretical and empirical literature (as well in as the absence of it) and

through material control, but how is it that the identification is over-

100 Volume 15, 1999



Chemin Alternative

whelmingly accepted and maintained amongst the Canadian public?

How is it that some members of the Canadian public supported the hor-
rific treatment of the female inmates at P4W by the riot team?

There are numerous venues of support for an ideology promoting the

oppressive identification of female 'violent' offenders, ranging from our

educational system to media depictions. One originating venue of this

ideology in reference to the criminal justice system is the Correctional

Service of Canada and the dissemination of its ideology through the

media. Two illustrations are CSC representative's identification of 'vio-
lent' female offenders as 'unnatural/evil' in media reports following

CTV's public airing of the P4W cell extractions, and following the
alleged 'escape'

37
of females from the recently constructed Edmonton

Institution for Women. It is suggested that CSC, as a capitalist patriar-
chal institution and using the media as its medium of dissemination,
expounds daily an ideology supporting the status quo (Messerschmidt,

1986:32; Schwartz and DeKeseredy, 1993:259-260).

The examples provided of the material and ideological control of the

female 'violent' offender identification as 'unnatural/evil' support that

the Canadian criminal justice system both treats and views the female

'violent' offender as an 'aberration to the true feminine female.' The aim

of introducing the examples was to invoke the reader to reflect critically

upon the gendered structure of an institution of the Canadian state, the

criminal justice system. As stated, the criminal justice system, as an
institution of the state (which upholds the interests of the ruling class),

through both material and ideological forms, works to maintain our cur-

rent form of capitalist patriarchy. Once again, we are able to see that the
interconnected systems of production (capitalism) and reproduction

(patriarchy), from a unified-systems theory perspective, marginalize

women so that the gender division of labour is maintained and thus, the
ruling class is ensured its powerful position in capitalist patriarchy.

Conclusion

It has been shown throughout this paper that the oppressive 'violent'

female offender identification as 'unnatural/evil' and a 'helpless victim'

are premeditated creations by the ruling class (supported through institu-

tions of the state) and maintain our exisitng form of capitalist patriarchy.

It was suggested from a socialist feminist perspective that the identities

have been created and maintained through ideological and material con-

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trol because the increasing attempted emancipation by women in Cana-
dian society is viewed as a threat to the current form of capitalist

patriarchy. Theoretical literature and empirical research was reviewed

and support shown for the perpetuation of the oppressive identification

of 'violent' female offenders. And as well, examples within the Cana-

dian criminal justice system of material and ideological control of 'vio-

lent' female offenders were presented as further support and to invite the

reader to apply the argument of this paper to their Canadian experiences

— whether that be to support the position presented or challenge it. It is
only through critique, challenge and support that progress will be

made. 38

Notes

1

.

This is termed the 'gender division of labour.'

2. See Gottlieb (1989), Jaggar (1988). Lengermann and Niebrugge-Brantlev

(1988) and Tong ( 1989).

3. Dual systems theory initiated attention on women's experience in relation to

'domestic work' and the fact that it served men and capital. It recognized that
women's experience could no longer be accounted for by solely focussing on

their role in the reproduction of labour power. This marked a move away from

the primacy of Marxism with its basis in the economic sphere. Dual systems

theory afforded primacy to neither capitalism nor patriarchy, but rather, the

system was seen as comprised of two systems or structures (Messerschmidt

1986). Dual systems theorists maintained that "patriarchy and capitalsim (were]

distinct forms of social relations and distinct sets of interest, which, when they

intersectefd]. oppresse(dl women in particularly egregious ways" (Tong.
1989:175).

4. Capitalism is defined as an economic system in which the means or

production and distribution are for the most part privately owned and operate

for private profit (Evans. 1995).

5. Patriarchy is defined as a system whereby men achieve and maintain social,

cultural and economic dominance over females. It is predicated on an

understanding of gender relations as inequalities of power (Evans, 1995).

6 See Jaggar ( 1 988) and Young ( 1 980).

102 Volume 15. 1999



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7. Tong (1989) explains that "...[bjecause a large reserve of unemployed

workers is necessary to keep wages low and to meet unanticipated demands for

increased supplies of goods and services, capitalism has both implicit and

explicit criteria for determining who shall constitute its primary, employed work
force and who shall act as its secondary, unemployed work force. For a variety
of reasons, not the least being a well-entrenched gender division of labour,

capitalism's criteria identified men as 'primary' work force material and women
as 'secondary' work force material. Because women were needed at home in a
way that men were not - or so patriarchy concluded - men were more free to
work outside the home than women were" (184).

8. For example, "[u]nder capitalism as it exists today, women experience
patriarchy as unequal wages for work equal to that of men; sexual harassment

on the job: [and] uncompensated domestic work" (Tong, 1989:185).

9. Neither women nor men can be conceived as totalities. Diversity exists
amongst women (i.e., race and class), however, it is in the interest of the ruling
class to have women, in general, in an oppressed position. Similarly, all men do
not benefit from the power of patriarchy equally.

10. Women's labour within both the productive and reproductive realms has
been mainly appropriated by men for personal use.

11. For example, normative sexuality "...helps to legitimate the ideology that

women are dependent on men for their sexual and economic well-being,
denigrates women's relationships with other women, and subjects them to

continued domination by men" (Messerschmidt, 1986:34).

12. The state is the apparatus of rule or government within a particular territory.

It is a social system that is subject to a particular rule or domination. In this form

of capitalist patriarchy, the ruling class has great influence on the operation of

the state (Jary and Jary, 1991:623).

13. In March, 1998 Fisher Price introduced its new line of all male action heros

(e.g., fireman) in a television commercial. It promoted the viewer to deduce that

girls are not the 'action heros' but rather, they are the 'mythical' 'damsels in

distress.' Similarly, two 1988 Warehouse One (a Canadian clothing company)
female t-shirts read 'D & G: Dumb and Gorgeous' and 'Caution Blonde
Thinking.'

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14. A 1998 Ottawa, Ontario, license plate reads 'chvlry.'

15. Shaw's review covered the disciplines of psychology, psychiatry, sociology,

criminology, social work and education. To examine the range of materials

available, it focussed on the most recent publications covered 1984-1994. The

CD ROM data-bases included the Social Science Index. Sociofile, Psychlit,
Eric. Uncover, Canadian Business and Current Affairs. Library searches were

conducted at 5 universities and the library of the Ministry of the Solicitor

General. Ottawa.The US sources included the NCJRS database, the Information
Centre for the National Institute of Justice, Fay Knopp and the Safer Society

Program. Russ Immarigeon Criminal Justice Writer. Sharon Smolick, and the

Bedford Hills Correctional Facility. New York (Shaw. 1995b).

16. See Thomas (1994).

17. See Klein (1973). Morris (1988) and Smart (1976).

18. See Cowie et al. (1968) and Lombroso and Ferrero (1895).

19. See Gibbens (1957). Glover (1969) and Greenwald (1958).

20. See Konopka (1966) and Thomas (1923).

2 1

.

See Konopka ( 1 966) and Thomas (1923).

22. See Maden et al. (1994), Ogle et al. (1995) Singer et al. (1995) and Walklate

(1995).

23. See Lloyd (1995).

24. See Heidensohn (1968).

25. See Robertson et al. (1987).

26. See Messerschmidt (1986). Robertson et al. (1987:754). and Steffensmeiser

(1996:469).

27. Note that women's participation in petty economic crimes has steadily

increased (e.g., shoplifting and theft and fraud under $1000). Studies have

concluded, however, that this is a consequence of economic marginalization and

not emancipation (Carlen. 1988; Dell. 1996; Johnson and Rodgers. 1989;

Steffensmeier. 1996)

104 Volume 15, 1999



Che/nin Alternative

28. See Allen ( 1987(a):82), Comack (1993) and Marron (1996: 1 26).

29. "Leonore Walker suggests a three phase cycle [of the battered-woman

syndrome] which begins with an escalation of tension, followed by an explosive

violent episode and a subsequent period of calm and reconciliation. She uses the

psychological concept of 'learned helplessness' to argue that, over time,

battered women feel that they cannot prevent violence" (Kelly, 1988:63-65).

30. There are theories of wife abuse that do not appropriate autonomy (power)

from women (see Lemon, 1995). however, a greater proportion currently do.

31. See Schwartz and DeKeseredy (1993).

32. Even though official statistics are widely cited as indicators of violent

behaviour, there are serious concerns with their use. These include: (1) police

and court convictions are renditions of societal reactions and are therefore not

accurate indicators of behaviour; (2) an undeterminable amount of crime goes

undetected and is therefore not accounted for (see Chesney-Lind and Sheldon.

1992); (3) some crime that is reported goes unrecorded (see Hood and Sparks.
1970:35); (4) categories of crime (including violent) are vaguely defined and

variously recorded (see McCleary et al.. 1982; Silverman and Teveen, 1980);

and (5) methods of computing vary and are often used inappropriately. For

example, some have used males and females as the base for computing rates of

rape (Hagan 1984).

33. A related example is the work of Allen (1997(b)). which studied the
professional treatment of women charged with serious violent crimes and
concluded they were rendered harmless (1997(b):54). "The central assertion is

that.. .the portrayal of female violence follows a distinct and sexually specific

pattern which tends towards the exoneration of the offender" (Allen,

1997(b):55).

34. It is important to note there is increasing attention and a growing literature

that sensationalises female youth violence and violent gang participation (see

Krantrowitz and Leslie (1993) and Sommers and Baskin (1994)).
35. The focus is limited in this section to the identification of the 'violent'

woman offender as 'unnatural/evil.' However, both material and ideological
examples exist of the 'powerless' female as victim. For example, the state's

initiation of Judge Rutushny's review of women who claim to have killed their

Volume 15, 1999 105



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partners in self-defence and the legal and media portrayal of Karla Homolka as

a 'battered- wife.'

36. It is interesting to note a personal experience of public support for the

material control of female 'violent' offenders. In the days following the public

release of the video depicting the deplorable actions of the riot team at P4W
(February 25, 1995) I was employed as the Executive Director of the Elizabeth

Fry Society of Manitoba (an agency committed to assisting women in conflict
with the law). During this time I responded to numerous public and media

perceptions that 'the women deserved what they got because they were 'violent'
women and that there is 'something wrong with the violent women: they are not
feminine.'

37. An inmate at a correctional institute is defined as having 'walked away'
when there are no physical barriers preventing the inmate from doing so. When
there are physical barriers (such as a barbed wire fence) the inmate is defined as

having 'escaped.' The female inmates at the Edmonton Institution simply

climbed a 3 foot chain linked fence and 'walked away.'

38. This paper is made possible through the support of the Social Sciences and

Humanities Research Council pf Canada and Carleton University Faculty of

Arts and Social Sciences. Graduate Studies and the Department of Sociology

and Anthropology.

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