View Point

By Marilyn Lee

Friday, January 7, 2000

Women address justice issues

ATTENDING the first National Symposium on Women Offenders sponsored by the U.S. Department of Justice in Washington, D.C., brought on mixed feelings. Would this be a gathering of "tough on crime" connections officials, judges and legislators? Would this be relevant to the Hawaii Legislature's work?

Doubt turned to awe and respect for the many speakers and participants who have been working with women in the criminal justice system for decades.

The dramatic growth of women in the criminal justice system (in the U.S., total arrests of women increased by 31-40 percent between 1987-96, while the number of women in prison increased 159 percent) are reflective of both social and economic problems coupled with a change in criminal justice policies.

The most significant factor in this growth has been the effect of the war on drugs. As most of the women inmates have children under 18, and are single parents, the effect of incarceration goes far beyond that of the imprisoned individuals.

Conference participants were made up of teams from more than 30 states and several from county governments.

The Hawaii contingent consisted of myself, Circuit Judge Riki May Amano of Hilo, Deputy Director of Corrections Marian Tsuji and Allicyn Hikida Tasaka, executive director of the Hawaii State Commission on the Status of Women.

Also in attendance, and one of our speakers, was Hawaii's expert on women in the criminal justice system, Meda Chesney-Lind, professor in the University of Hawaii Women's Studies Program.

Throughout the conference, efforts were focused on developing a plan of action for Hawaii while listening and absorbing what was presented by an amazing series of experts in the field.

Dr. Nicole Rafter, professor in the Law Policy and Society Program at Northeastern University and author of "Partial Justice: Women's Justice and Social Control," put the issue of women offenders into a historical context.

In the past, Americans considered criminals to be sinners who should be punished to produce their eventual repentance.

In the 1820s, American public policy reached a major turning point -- not only punishing prisoners, but also reforming them.

By 1870, a new movement was led by those who had been active in the anti-slavery movement. They wanted a new cause: prison reform. Women at that time were incarcerated in female-only prisons with gender-specific programming and a focus on rehabilitation.

By the 1970s, the rehabilitative philosophy was dying out. For the most part, rehabilitation was out and equality was in.

Now, as we enter the 2000s, our prison system is struggling with change:

Research shows that male/female differences in causes and effects of incarceration requiring gender specific programming.

Flat and determinate sentencing has resulted in increased costs, leaving little for rehabilitation.

Incarceration of small-time and casual drug users, including women, is filling up our prisons.

Research shows our drug laws to have a huge effect on children of incarcerated women and on the members of racial and ethnic minorities; in fact, our laws may be "criminogenic."

Research shows that women's personal violent responses most often arise out of victimization.

Women's prisons impose male standards and seldom meet gender-specific needs.

A vision for the future was articulated by many of the speakers, but none so eloquently as Attorney General Janet Reno.

Reno spoke to the overflow crowd in a soft but firm voice, using her hands to gesture, although she is tremulous from the effects of Parkinson's disease.

She urged the predominantly female audience to "end the culture of violence" and to use information from the conference on the importance of prevention, proper supervision of female inmates, education of staff, housing of offenders in residential drug treatment, new and creative interventions such as "restorative justice" and a focus on mental health needs.

RENO urged delegates to make sure emergency rooms, pediatricians, physicians, nurses and others have information and strategies for dealing with domestic violence; to make recommendations that medical schools have courses in addictionology; and to make sure those willing to go to treatment are given the opportunity to keep their children in residential programs.

She also urged that first-time drug offenders be sent to drug court, and that the courts be given the resources to do the proper referrals in domestic violence and drug addiction, making them an effective source of change.

One fascinating session was presented by the delegates from Minnesota on restorative justice, a proposed alternative to guide the criminal justice system. It allows the community to be involved in resolving conflict and harm with the focus on the victim of crime.

Several models were presented that should be considered as alternatives to resolving conflicts in schools, community settings and even prisons.

Our Hawaii team identified some of the major problems associated with women offenders in Hawaii:

One-third of our female prisoners are incarcerated on the mainland, separating them from family and children and making a transition back to normalcy impossible. Neighbor island women also face separation.

It is difficult to get women to become correctional officers (women should be supervising women).

The therapeutic community only provides for the needs of 10 percent of the incarcerated women and their needs are much greater.

Drug court exists strictly on Oahu.

Budget decreases are making rehabilitation programs less available.

There is a lack of a classification system for women and little gender specific programming.

In the world of Mary Leftridge Byrd, the only female warden in Pennsylvania and a champion of community based intervention: "If not now -- when; if not here -- where; if not us -- who?"

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Marilyn Lee is a Democratic state representative
from Mililani and Waipio.