The Garden Company Limiteds performance in the hong kong market

The garden Company Limiteds performance in the hong kong marketIntroductionharmonize to the assignment guidelines, students are tout ensembleowed to choose either a service lodge or a manufacturing company for this report. I eat up chosen a manufacturing company in Hong Kong with global tag on durance the garden Company Limited (hereinafter c eached Garden). Their major upstream suppliers are from the US, Canada, and Australia whereas their two biggest downstream suppliers in Hong Kong are supermarkets Wellcome and ParknShop. Although Garden products are in like manner being sold outside Hong Kong and China, including the Northern American, Canadian, Australian markets, I would focus this report self-colored on its market in Hong Kong. cathode-ray oscillos bring off schooling of the organic lawThe Garden Company Limited is a Hong Kong-based bakery and confectionery manufacturer. The company was one of the first Chinese owned business as created to sell Western-style nutr ient products in Hong Kong, but besides has a global write out chain network. Founded in 1926, Garden has experienced rapid societal changes and scientific advancement in the one- judgment of conviction(prenominal) 80 historic period. Today, they are still persisting with their paramount values in quality, founding and advancement.Garden supplies thousands of food products to todays retail and tag on markets, with some(prenominal) of their products multination all toldy awarded. As one of the largest bakery production corporations in Hong Kong, they are well equipped with state-of-the-art large- eggshell equipment. Their technology, quality, output and market discipline require long reached International Standards. Gardens wide assortments of products, senior high sales volume and extensive market penetration fool long been broadly recognized.To further cope with rising market demand, they continue to inject large sums of investment into product research and organise ment as well as upgrading their technology and production hardware. The assorted production procedures are completed with the c support sophisticated equipment in their factory. Computer automation is integrated in all the processes from production to packaging, fully manifesting the remark adequate results brought close by scientific solicitude. Furthermore, their principal factory in Sham Tseng with a total area of 70,000 square meters carries out the production lines for bread, cakes, biscuits, candies etc.Unlike most firms in Hong Kong, Garden was a pro-China company and had been supplying bread to Chinese army during World War II. The firm closed its mental processs during the Japanese contrast of Hong Kong from 1941 to 1945. The company string outed with the growth of Hong Kong before and after World War II and benefited from the influx of immigrants from Mainland China. In the 1980s and 1990s, Garden products were shipped oversea to Chinese communities somewhat the wo rld. Besides their major business in Hong Kong, Garden has also been actively taping into the Mainland China market since the 1980s. Factories had been set up in Dong Guan and Yang cream puff to introduce the advanced technology into the food manufacturing diligence of the Mainland.Achieving the ISO9001 certification in 1997 was a milestone in their history. It demonstrates that Garden, with its world-class corporate management and modern operation system, is a globally acclaimed food manufacturer. Today, the company remains a privately owned family (Cheung family) business with several joint ventures with mainland Chinese firms. It is one of the few Hong Kong firms with manufacturing trading operations still in Hong Kong.All Garden products are made of the finest ingredients selected from all around the world, for example their barley is from Australia, flour from the United States, milk and butter from new-fashioned Zealand, just to name a few. Their long-standing experience, fully-automated technology and packing equipment together with careful quality control guarantee that both product of theirs can meet unappeas fit quality testing and safety standards in many a(prenominal) countries.With the past 80 years of excellence, Garden has successfully constituted itself as a distinguished patsy supported and favored by many consumers around the world. Their products electric currently reach many major Chinese communities in as far as europium and America. Today they are actively developing overseas markets in order to walk their quality foods to consumers in divers(prenominal) corners of the world. With more than eight decades of experience in food production, the Garden Companys determination in offering quality products and service and its innovative spirit are as toughened as ever. Looking ahead, they willing continue with their commitment to producing nutritious and quality food with the pursuit of perfection.QIE, which stands for Quality, c onstruct, Efficiency, serves as Gardens corporate mission with the objectives to lead their staff to pursuit of superb quality, continuous innovation and achieve efficiency enhancement. It is through the implementation of QIE that the recognition and reputation of their reproach feel been with child(p)ly elevated. To realize their goal of QIE, the Company puts LTC Learn, Think, and Communicate into practice with all their working together to continuously reform the manufacturing of quality products, developing new technologies and new product values so as to satisfy the ever-heightening leases of consumers. organize (Strengths, Weaknesses, Opportunities, and Threats) psychoanalysisStrengthsGarden has a global brand, it is a strong brand, strengths including brand recognition, brand quality, economies of scale, strong distribution network, strong distribution chain, supply chain, strong international operations, online growth, good reputation, reputation management, market sh are leadership, effective marketing strategy, experienced personnel, strong management team, effective communion, extensive customer base, loyal customers, follow advantage, asset leverage, competitory pricing, original and unique products, high research and development, advanced equipments, innovation, etc. Apart from all these company strengths, they are famous in Hong Kong. I view that all households in Hong Kong consume their products, one or the other on a regular al-Qaida. They are considered second to none in the bakery diligence.Weaknesses referable to Gardens huge ladder of products, coupled with a substantial global retail network, bad communication is unavoidable, it happens from time to time. Furthermore, they experience diseconomies to scale, at times over leveraged financial position, and weak corporate governing practice. Since Gardens run of products is for the public in general, many of their competitors go to the upper end market, for example to high clas s customers such as hotels and delis, and leave Garden in the lower end market for many years.OpportunitiesGarden basically has a healthy financial position. They did some acquisitions, merger and takeovers on a small scale basis. They also tie up with international events to capitalize on synergism opportunities for growth of the operation. They continuously look for new markets expand in Asia, expand into online shopping decrease its taxation through donations to charity organizations. In the era of emergence of international middle class, and change in consumer lifestyles, they are constantly ever-changing their products to expand their customer base, and their service lines like new products such as drinks and snacks, and new service such as mail order.ThreatsAlthough Garden has a lion share in the bakery industry, they drop many competitors in the high end sector. With Hong Kong returning its sovereignty to Mainland China, Garden is facing many financially strong competitors from the Mainland. There are new competitors from the Mainland entering into this relatively small market. As far as their foreign business is concerned, foreign switch over rate changes affect its imports/exports strategies. The volatility in fuel costs, rising costs of business, pricing pressures, potentially slowing global economy, changes in demographics, change in consumer lifestyles, changing to cheaper technology, substitute products, changing consumer patterns, growing power of customers to set the price etc. are possible threats Garden has been facing during the past few years.Porters Five Forces analysisCompetitive Rivalry within an industrySince multi-market competition exists, rivalry mingled with competitors in the industry is extremely intense. Companies in the industry have started new businesses to maturation the level of competition with one a nonher and compete heavily for geographic markets. There is no clear dominant market share player in the industry. Thoug h the industry currently has relatively high growth, often of the business is cyclical, which leads to intensified competition in economic downturns. High fixed costs also contribute to intense competition. More recently, the continued growth of online shopping, mail orders, combined with increasing awareness of door to door logistics arrangements have been giving Garden headaches and they have been streamlining their services in this competitive environment. A few remarks are listed below to introduce some of Gardens international and local rivalries.Sara Lee slewSara Lee Corporation is a global consumer products company with food, beverage, and household and body care lines of business. With powerful brands, such as Ambi Pur, Ball Park, Douwe Egberts, Hillshire Farm, Jimmy Dean, Kiwi, Sanex, Senseo and its namesake, Sara Lee, the company has leading positions in many categories in the more than 180 markets in which it competes.In Hong Kong, Garden has two main competitors in it s frozen and new breads. For frozen breads, it major rivalries are Maxims, Sara Lee. For heady breads, Garden is facing numerous small size competitors, in particular in the western style restaurants which bake on an everyday basis for its good afternoon tea customers.Competitive Rivalry is a strong rack in the bakery industry because the competitors use price cuts to compete, there is a low cost product range and there is ease in switching brands, and the companies in this industry can diversify and acquire other companies for strategic growth and for synergy purposes.Threat of New EntrantsThe threat of new entrants into this industry is relatively low because of the scale required to make companies in the industry competitive. Capital demands to fund all of the assets required in the industry are extraordinarily large, making competition from entrepreneurs or small companies very difficult at this level of market competitiveness. Economies of scale are necessary for the busines s to be profitable and because of the intensity of rivalry, customers are difficult to sop up. While the basic service of shipping goods would be relatively unaffixed for new entrants to imitate, the competitors in the industry have created value and high switching costs for their customers through proprietary technologies.Threat of New Entrants is a weak force in this industry. Each company currently in the industry has strong brand images, leaving a harder job for new companies. The capital expenditures to start a bakery company are large, and the companies currently are achieving economies of scale by going global. Any smaller company will non be able to achieve these right away, not allowing them to compete on prices. Another factor threatening potential entrants is trade tariffs and international regulations. Most companies currently in the industry have already established relations with foreign countries. New companies will have to prove themselves to foreign companies, su ppliers, and customers.Threat of Substitute ProductsThe threat of substitutes is currently high for the industry, but major technological or governmental foods regulations could change that. As mentioned above, although Garden has a lion share in the bakery industry, they have many competitors in the high end sector, for example Maxims, Saint Honore, Tai Pan Bakery etc. Garden is also facing many financially strong competitors from the Mainland. The latter(prenominal) produce substitute products such as dumplings, dim sums to suit the changing consumers taste. This is one of the many reasons why Garden has been continuously modifying the ingredients and packaging of their products during the past few years.Threat of Substitute Products is a strong force in this industry. There are plenty of substitute products in the market. Bakery retail outlets such as Maxims, Saint Honore, Tai Pan Bakery etc are conveniently located in all the 18 zones. One can literally pay back either one of t hem in almost every main street in Hong Kong. These competitors also offer very competitive prices which make potential consumers lose their brand loyalty and easy to switch to another brand.Bargaining Power of SuppliersSuppliers bargaining power is fairly low in the industry, but different suppliers have slightly different pricing strategies to fight for their survival. Competitors are also on the same footing with suppliers, as they are all subject to the same prices, although they whitethorn have hedged differently. Labour is a major factor of production in the industry and differences between companies regarding labour contracts subjects them to varying degrees of supplier power. Suppliers of raw materials, components, labor, and services (such as expertise) to the firm can be a source of power over the firm, when there are few substitutes. Suppliers may refuse to work with the firm, or, e.g., commission excessively high prices for unique resources.This is a strong force if the suppliers serve different industries with their raw materials. If a supplier only has accounts or the majority of their accounts with different companies, they will not be able to control prices and supplies.Bargaining Power of BuyersCustomers in the industry initially have power, but once they commit to a bakery, their bargaining power decreases significantly. New customers can easily shop around for price or level of service in the beginning, but once they have chosen a bakery and buy their product, they are usually loyal to them. Customers are likely to become loyal to a certain go forthr because of long-standing relationships or personal interaction with the company.This is a moderate force in this industry because competition keeps prices alike among the companies. The only difference is degree in loyalty. Also, the buyers of the services in this industry are reactionary. They do not know the technology before it happens. They become dependent on the technology, service and speed offered by the companies in this industry and will pay for it.SCOR (Supply-Chain Operations Reference) ModelPlanning activitiesGardens butt end customers are the public in general, whether they be as young as 2 years old, to as old as 99, they could be Gardens customers. Their pricing strategy is value for money. Their marketing slogan has been nutrition you need every day with the highest quality. These planning activities have proved to be most successful and made Garden the leading supplier in the bakery industry, in particular in the breads, biscuits and cakes sectors.Sourcing activitiesAccording to the reading materials I searched and found, Garden has been purchasing all the baking ingredients directly themselves. However, they do outsource through logistic companies in their deliverance activities. Locally, they need to deliver their fresh breads every early morning to hundreds of retail outlets. They also need to deliver fresh buns to all McDonalds franchisees. Furth ermore they also deliver a range of fancy breads to airline caterers, hotels and restaurants. Internationally, they outsource transportation companies as well as freight forwarders for special orders such as wedding and birthday cakes. Internally, they outsource breeding technologies, finance and accounting, sales and marketing, foods testing etc. just to name a few.Make or production activitiesGardens upstream suppliers are worldwide. These included but not limited to flour, sugar, milk, cocoa, vanilla, wheat, soda powder, etc. again just to name a few. Countries included but not limited to (in alphabetical order) Australia, Canada, China, Europe, Latin America, and the United States. profits ProductionGardens bread production lines operate on a 24-hour basis, of which one is the first fully-automated line for hamburger buns in Asia. Apart from the retail market, they provide a huge volume of wholesale goods, which include bread, pastry and frozen dough products to major fast food chains, restaurants, hotels and airline catering services in Hong Kong. With their far-ranging businesses, they are committed to providing consumers with better choices with continuous innovations.Biscuit productionGarden possesses diverse expertise, equipment and automated production lines to produce a wide variety of biscuits including wafers, cookies, prepare biscuits, saltine, crackers and assorted biscuit gift packs to meet market demands.Cake productionTheir wide range of cakes has long been famous for its high quality and great taste. To cope with market demand, Garden produces cake products with highly efficient production lines, of which one is fully computerized for producing mini-cakes. With a wholehearted contribution from over 1,200 employees, Garden has established itself as the most reputable manufacturer in the local industry.Order processing information systemsAll market interactions, from the ascertaining of aggregate demand to the fulfillment of each order ar e not done wholly by Garden internally themselves. Some logistics are being outsourced, in particular for the overseas markets in Northern and Latin America, Australia, Europe, and Canada.Garden normally receives their orders through phone, fax and e-mail or e-order. Its IT incision uploads orders to the printing invoice system. Automatically, these invoices pass to its distribution department for manner of speaking. After deliveries, these invoices will be, again automatically, sent to its accounting department. The latter department then issues credit notes to the appropriate customers. Currently they are still using the information systems designed by IBM.Quality Control foremen in Garden are made responsible to ensure that expiry date, and appearances are powerful done, and presentable. All pitch shot vans must have the correct temperatures for the different kinds of products.Delivery activitiesDifferent transportation teams are required for different products. Fresh breads, frozen breads, biscuits are being delivered by the China and Hong Kong transport teams. Fresh bread team has intimately 60 vehicles to deliver 4,000 orders per day. These trucks are recognizable easily on the streets. Frozen breads and biscuits teams have about 20 vehicles to deliver 400 orders per day. Three trailers are being outsourced for the Mainland China and Hong Kong markets.As mentioned above, Garden does outsource through logistic companies in their delivery activities. Locally, they need to deliver their fresh breads every early morning to hundreds of retail outlets. They also need to deliver fresh buns to all McDonalds franchisees deliver a range of fancy breads to airline caterers, hotels and restaurants. Internationally, they outsource transportation companies as well as freight forwarders for special orders such as wedding and birthday cakes. Not only that Garden wants to manufacture the best products, they also want to provide their best delivery service.Return act ivitiesGarden guarantees its products are fresh and proper. They promise their retailers that they will stand in any damaged or rotten items, that is if that happens. Garden has agreed with their retailers that they will pick up any expired items on their shelves.Assess how well the organization implements the supply chain managementAs mentioned right at the beginning of this report, Gardens major upstream suppliers are from the US, Canada, and Australia whereas their three biggest downstream suppliers in Hong Kong are supermarkets Wellcome, ParknShop and Mcdonalds. As far as this report is concerned, I would focus in the downstream supply chains and before I go into how well Garden implements the supply chain management, I would like to introduce Gardens major downstream supply chains Wellcome, ParknShop and Mcdonalds.Wellcome Wellcome is Hong Kongs longest-established supermarket chain, they have an overall staff of 5,000 in more than 240 stores and serves more than 14 million c ustomers every month.ParknShop ParknShop is one of the two largest supermarket chains in Hong Kong (the other is Wellcome Supermarket). ParknShop operates more than 260 outlets in Hong Kong, Macau, and Mainland China. ParknShop has more than 200 stores and 9,000 employees in Hong Kong.Mcdonalds McDonalds Corporation is one of the worlds largest chains of hamburger fast food restaurants, serving nearly 47 million customers daily. Most of their breads in Hong Kong are supplied by Garden.Although Garden does supply their products to airlines catering companies, hotels and restaurants, as well as supply chains such as 7 Eleven, Circle K and etc., I am not going to introduce these supply chains on a one on one basis.Basically these supply chains are owned by substantial and listed companies with well-trained management teams. pennant management, as well as middle management personnel at Garden have very good business relationships with their supply chains. They have properly done lega l contracts specifying all the details in supplies and payments. I have not been able to find any past news regarding any communication breakdowns between Garden and its supply chains. I have neither been able to find any past law suits about Garden suing any of its supply chains for non-payments, nor any company suing Garden for not delivering its responsibilities although there have been rumors that Garden has been finding it more and more difficult to get their payments on time during the past few years. Based on these findings, I believe Garden has been successful in its supply chains management activities.Suggest solutions/ways to improve the organization business especially by improvements on supply chain management of the organizationSupply Chain Management (SCM) is not created to suit for every company. It can succeed only with top management commitment and managers loyalty in executing those management strategies. Gardens management teams need to spend time in evaluating wh ether new SCM, inclusive of international networks, is suitable to be implemented into their company and how it could be successful.Garden bread has long history in Hong Kong that the fundamental target market should be the mass public served as the stable diet. With the increasing awareness of healthy eating, the variety of healthy soul products have been promoted like multi-grained, whole wheat, high calcium low fat breads. It is the general social trend and also serves as one of the marketing strategies that focus on the targeted middle-class, office-ladies and health consciousness customers. The relative advantage of Garden obviously is its long history and well-developed manufacturing factories, well-connected distribution channels, competitive retailing price and, of course, the well-known and long established brand name. On the other hand, these relative advantages might contribute some shortcomings in terms of the flexibility of market positioning and variety of products i n response to the ever-changing and ever-increasing market force.Personally I am disappointed with Gardens decade-long use of coconut oil as an ingredient for their biscuits production. According to certain food magazines, too much consumption in coconut oil is bad for our health. Although all the reading material I found have been saying good things about Garden, until now Garden is not a listed company, it is a privately owned company. They do not have to disclose any of their operation details to the public. Particularly, they do not have to disclose their financial position apart from to the Inland Revenue. My perception of Garden is that it is a very old style traditional company. Its top management includes family members of the founder. It is purely family business. Its image is not catching up with the young generation. Their product range is also conservative. It does not give any modern flare to attract those expats from the west. They focus on Asians so far, that means t here is a huge expats market for them to develop. Garden reminds me of the Green, Yellow and White Arrow brands chewing gum company. The latter company has been too conservative and has not been innovative to catch up with the new entrants. Hence, Green White Arrow chewing gums have been losing market share. Until today, they have not been able to gain back what has been lost.The image of Garden should shift to focus more clearly on each market segment. For instance, Garden should develop a Gourmet production line which emphasis on the finest ingredients, the innovative design, for example in its packaging, and its advertisements. They could consider making more choice of breads, land cakes similar to those recipes from Italy and France, or from Europe at large. In order to shave off the old stable diet image, instead, the building up of the delicate and professional crafted food and to state that not only the five stars hotels can produce but Garden can also make and even better.T he efforts to make sure managers do well in the SCM program and not treat it as another flavor-of-the-month include but not limited to the followings. Firstly, Garden has to ensure that the companys SCM strategies are specifically designed. Secondly, the SCM program need to meet their customers demands and reduces the companys costs. Thirdly, the management team must buy-in the program. Also, all the benefits included from the program such as customer responsiveness, more consistent on-time delivery shorter order fulfillment lead times reduced inventory costs lower cost of purchased items high product quality faster product innovation and etc. must be clearly explained to all the concerned managers so that they know the importance of the program. Garden must ensure that the staff concerned understand the objectives of the program, for example to better utilize the company resources and yet with higher product quality. Finally, if managers do well in implementing and executing the program, the company should consider giving them fillip such as bonus or additional rewards other than their normal compensation. This will give them more motivation to continue to run the program.Garden has to do detailed surveys and researches to find out what are the products that their customers demand. They should listen to the voice of their customers. Their views and suggestions could in turn help the company to produce specifically the range of products the customers need. The company could also utilize their findings for meetings and discussions with their suppliers, both upstream and downstream and production managers to reduce the order processing time and inventories. The company would also be able to produce higher quality products with lower prices and less order processing time. In this way, the company would be more responsive to both their customers and suppliers. By doing the above, the company would be able to expand its market share from other competitors.Furthe r possible improvements can be capitalized in the advances in technological and informational environment. These improvements have major implications for all industries, peculiarly logistics. If used effectively such advances may be a key source of competitive advantage. The technology listed below may become a competitive edge advantage for Garden in the future.Radio-frequency identification (RFID) not ready to implement?Radio-frequency identification (RFID) is the use of an object (typically referred to as an RFID tag) applied to or co-ordinated into a product, animal, or person for the purpose of identification and tracking using radio waves. Some tags can be read from several meters away and beyond the line of sight of the reader. It works like a barcode, but instead of having to be passed in front of a scanner for recognition, tiny transponders (known as tags or chips) send out radio signals. Each tag is small, robust and unique so any one item can be tracked independently t hroughout the supply chain.Logistics and transportation are major areas of implementation for RFID technology. For example, yard management, shipping and freight and distribution centers are some areas where RFID tracking technology is used. merchant marine companies around the world value RFID technology due to its impact on the business value and efficiency.The new technology is currently seen as too pricy to put on individuals products, but large companies already use it to track shipping items. RFID trials have met with mixed customer reactions. As with many such good advances the effects can be both positive and negative. RFID technology is currently unsophisticated and largely applied to logistical operations. Training of staff and informing all internal stakeholders as to how RFID technology works and can benefit the company, stating the impact on customers so that companies are able to improve their operations.Global Positioning ashes (GPS)The Global Positioning System ( GPS) is a U.S. space-based global navigation satellite system. It provides reliable positioning, navigation, and timing services to worldwide users on a continuous basis in all weather, day and night, anywhere on or near the Earth which has an unobstructed view of four or more GPS satellites. GPS has become a mainstay of transportation systems worldwide, providing navigation for aviation, ground, and maritime operations.Installing GPS systems for delivery vehicles can increase the efficiency and effectiveness in delivering products.Even though transportation companies offer tracking and insurance services to their customers, there are still prognosiss that the customers packages might be lost or stolen. Imagine a GPS chip attached to the delivery packages it can then be tracked anytime. Adding this technology can boost the customers confidence about Garden.ConclusionGardens supply chains are owned by substantial and listed companies with well-trained management teams. Garden has ve ry good business relationships with their supply chains. Garden has been successful in its SCM activities. For further improvements, Garden should keep themselves abreast of the current important trends being developed in the business arena, for example electronic commerce has been widely used. Experienced users reveal that e-business reduces costs and time. It creates less conflict between suppliers and consumers. Garden must realize that very few industries are protected geographically competition is getting more and more fierce. Gardens determination to change as the contents mentioned-above is critical for its advancement.With Gardens top management teams commitment, together with managers efforts, I believe that Gardens staff is more willingly to change and Garden has a good chance of success in improving its current SCM program.During the process of finding reading material for this exercise and thereafter digesting the material, I became more familiar with what

Alternatives to Custodial Sentences for Female Offenders

Alternatives to tutelar Sentences for pistillate OffendersThis dissertation questions the sum up in the egg-producing(prenominal) prison population in re cen successionime years. It then goes on to outline any(prenominal) reasons a clearst imprisoning wo hands, looking at the picks to protective moveences, and the past and upcoming policy. It suggests that alternatives should be considered e genuinelyplace and above tutelary sentences as these whitethorn be to a greater extent(prenominal) appropriate for the unavoidably of wo existence source.(2) IntroductionIn the last few years in that location has been a widespread tie in for the poetry of women that argon gaol. Between 1993 and 2003, the effeminate population change magnitude by close to 200% . Many eat concerns around this, for example, The Howard alliance for Penal Reform published its submission to the United Nations telling on Crime Prevention, expressing weighty concern at the adjoin in the intention of prison for women and the added problems they face in custody. The Howard confederation for Penal Reform inquiry shows that 4,394 women were detained in 18prisons in England and Wales on 4 March 2005, al about treble the number held in 1993. The number of women experiencing prison over the year has change magnitude by almost 3,000 as most women argon sent to prison for only short periods. The number of women on remand has also increased by about a third.This has meant that womens immurement has complete nether the spotlight for both the public and academics alike. In rejoinder to the growing concerns for the unsuitability of custodial sentences for the absolute majority of women on that point book been attempts to find alternatives to imprisonment that be to a greater extent appropriate.There has been much concern about the greater numbers of women being imprisoned for several reasons. In the past at that place has been a wavering to see penalization as g ender specific. As Carlen (20023) points outTheories of penalty ar usu all in ally expected to be gender-neutral the state revengees, the citizen submits and the legitimacy of the punishment is debated agree to the jurisprudential principles of the time.But recently, for example, in that respect has been increasing science that the venomous profile of women prisoners is different to that of their male forecloseparts, and the rehabilitative shoots of these women atomic number 18 also different to imprisoned men. In addition the call for of the children of round of these incarcerated women are beginning to be recognised.This dissertation volition look at some of these breaks that are of growing concern, first off 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 whitethorn be to a greater extent appropriate. In doing so it is necessary to put on 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 womens imprisonment comes under the spotlight Is it necessary to sends some(prenominal) women to prison? Are women treat differently to men by the police, the courts and the prisons? Why are so some(prenominal) poor, b neglect and mentally ill women in prison? And so on (Carlen, 1998 2). This dissertation will attempt to seek some of these questions and the issues that surround them. It aims to show that thither is a vast difference amongst the present trunk of womens imprisonment and the needs of the women being sent to them, and in doing so will understand 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 me n? 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 decoctes on the quantity and role of womens punishments Secondly, sociological literature which places the commence of womens punishment within the wider framework of control, arguing that women appear little frequently in the courts as they are more(prenominal) than closely constrained by avouchal controls of family, circumstanceory, fashion, men and medicine (Carlen, 2002 7).Socio-legal studies endeavour to establish whether women are sentenced more or less pugnaciously than men criminological studies attempt to ascertain and treasure the quality of the confinement experienced by imprisoned women. Also a campaigning literature is set 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 eat upicial floor Office Inspectorates.It washstand be discovered from the wide re grab of this literature that dissipated evidence that supports the f performance 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 crack up 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 toughened more leniently by the sorry justness system (for example see Lederman and Gels Thorpe, 1997, quoted in Carlen, 2002 8), certain women, in particular those who gain been brought up in the states institutional care, be in possession of tra nsient lifestyles, have their suffer 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 liable(predicate) to proceed through the sinful 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 ThorpeThe likeliness that female offenders may overall receive more lenient sermon than males does not rule out the chess opening that individual women receive unnormally harsh manipulation. (Lederman and Gels Thorpe, 1994 4)As potbelly be seen from the following chapter, gender influences are evident within all aspects of crime, whitlowity and the criminal justice system. Gender stereotypes abide inform decisions as to whether mortal has accuseted 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. poisonous faithfulness tends to render women as passive victims, and when they appear as criminal they can all treated as irrational, acting under external factors or as unfeminine monsters (Nicolson, 200025). Despite this, its only recently that these gender dimensions have been considered, as Nicolson points out, Traditionally criminal law has been analysed and taught as if its rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant(from Nicolson and Bobbings, 2002 1).This gender-blind climb up to crime and the criminal justice system has now been recognised and analysed by feminists and criminologists alike. mix up (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 grounds 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 derangement.(3) Explanations of the Increase in the Female prison PopulationIn looking at the explanations fundamental the steep increase in womens imprisonment in recent years, the aim undertaken by Carlen(1998) offers some useful points to consider. She accumulated several opinions in her study which serve to add catch. A female Prison Governor suggested that the number of prison sentences are higher despite no significant rise in the number of reported crime repayable to several reasons firstly, she suggests that it could be andante-feminist accession that says, well, if you women want equality, youve 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 t he past have been more liable(predicate) to go down the despatch of being admitted to a mental hospital which has suffered cuts in funding. A Prison Officer put forward that women are console being sent to prison for trifling crimes, which is supported by prisoners comments.Carlen summarises the responses given as thus (1) more women are committing carmine crimes (2) more women who would not have previously gone to prison are going due to increasing askment 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 tender categories for women that it al shipway has the destitute, the most obviously gender deviant, and the mentally demented but the numbers of women presenting themselves in these categories have increased with growing economic inequality (Carlen, 1998 51).An otherwise explanation is that women are becoming more knock-down-and-drag-out, indeed the counterweight of female prisoners under se ntence for crimes of strength 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 imbibe It is undoubtedly the case that the train of convictions of frenzy against the person has increased among women. However, he also points out that, the female prison population has risen steeply whilst grave convictions have unquestionablely 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 retaliatory 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 outIn June 1996, there were 10,200 heap 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 examined 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 its 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 exaggera ted 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 the1990s can ruff 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 worldwide. (Carlen, 1998 56)(4) Reasons Against Imprisoning WomenThe Feminist replyIn looking at the feminist response to criminal justice for women, firstly it is important to look at the general exemplifications of punishment that exist today. Fox (2000 51) points out that traditionally there are three main theories of punishment retribution, intimidation and rehabilitation. The retribution model is touch on 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 either individual is an autonomous member of society. Similarly, the deterrence model focuses on rational autonomous action through its aim of discouraging crime through the curse 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 burnished from a feminist perspective as it aims to secure setity through inner positive motivation on the part of the individual(Clarkson and Keating ) and it s 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 function 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 comprise broader social control mechanisms, son that it, enables us to forge links between two critical projects t he masculinise one, of analysing the effect of punishment regimes in the context of the resigns 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 armamentd separation of parents from children and spouses from each other, as well as community service and probation orders that rent the body to work in particular ways, he comments thatThe 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 pu nishment 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 States 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 thisthe majority of women in trouble are much more likely to be in receipt of medi cal, psychiatric or welfare law than caught up in the machinery of criminal justice, which accounts for the courts readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violentThe Specific Needs of WomenThis discussion section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues.FamilyIt could be argued that womens identity as mothers is critical in sentencing practice. Fox (200062) 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 angiotensin-converting enzyme 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, inform that the peak 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 set about 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 womens role within the family both in terms of ideology and function. This was described mostly in terms of womens 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 omnipotent mix of biological ties, emotional connects and fa mily ideologies can affect a womans prison experience (Carlen, 199874).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 age she is on remand in custody, social services will be contacted and the baby would be taken off her. Shes 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 father the procedure for applying for a Mother and bollocks 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 detrime ntal impact on families, in terms of both the impact of a mothers 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. political theory 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 mothers 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 effectuate of the child, found that incarcerating mothers may produce serious negative effects for th e children.They found that the forceful separation and lack of close contact between mother and child may cause mental and behavioral problems for the children, such as aggression, poor domesticate 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 Dressers 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 con sidered when debating womens imprisonment.Gabel (1992, taken from Snyder-Joy and Carlo, 1998 132) sums up this situation for some prisoners and their familiesSeparations 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 advance 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 ass ociated with affecting the personal social and emotional development of children and where possible should be avoided where possible. The suggestions make 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 childrens safety maculation 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 t he harshest single aspect of being imprisoned may bathe separation of mother and child.Mental HealthThe 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 countervail women, for example Carlen and Worrall argue that the normal womens 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 offen ders can be seen later.The Efficacy of PrisonCarlen (1998 102) found that overcrowding in prisons meant that the system was unable to care rough-and-readyly for those inmates that pose special problems of need, danger and risk. In fact it was found that the general consensus of staff works in the prison service was that the most prisons can hope to achieve, due to the combination of overcrowding and increasingly restrictive credential measures, was damage limitation rather than equip 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, 1998151)The pr oblem 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 load-bearing(a) 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, mean they suffer a double regulation(Carlen,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 field 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 speechless 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 OffendersAs can be seen from the theory and evidence put forward previously, there is increasing support for the majority of custodial sentences for female offend ers to be replaced with an alternative method of punishment or control. Alternatives to imprisonment may also supply a better medium for healing(p) intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice SystemThe 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. both(pren ominal) 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 care 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 tabularise offenders form prison, draw more people into the criminal justice system that may otherwise have been divert ed 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 accompaniment 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 MonitoringSections 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 bespeak 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 lea ving 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 32).However, if these problems can be overcome and the system used effectively, electronic monitoring may be recognised as a conciliative 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 imprisonmentSpecial Units for female offenders who are mothersAs can be seen in previous chapters a need for specialist provision for female offenders with children is astray 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 suppAlternatives to Custodial Sentences for Female OffendersAlternatives to Custodial Sentences for Female OffendersThis 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) IntroductionIn the last few years there has b een 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 womens 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 ma jority 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 (20023) points outTheories 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 womens 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 womens imprisonment and the needs of the women being sent to them, and in doing so will examine the alternatives to custodial sent ences 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 womens punishments Secondly, sociological literature which places the experience of womens 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 wome n 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 ThorpeThe 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 f or 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, 200025). Despite this, its only recently that these gender dimensions have been considered, as Nicolson points out, Traditionally criminal law has been analysed and taught as if its rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant(from Nicolson and Bobbings, 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 sugges ts, 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 PopulationIn looking at the explanations underlying the steep increase in womens 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, youve 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 coul d 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 a gainst 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 outIn 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 ma le and female populations of England and Wales (From Carlen, 1998 54).However, there may be other reasons underlying these numbers, and its 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 addic tion 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 the1990s 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 WomenThe Feminist ResponseIn 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 ap proach(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, t hrough 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 re gimes 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 thatThe 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 depen dency 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 States 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 thisthe majority of women in trouble are much more likely to be in receipt of medical, psychiatric or welfare regulation than caught up in the machi nery of criminal justice, which accounts for the courts readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violentThe Specific Needs of WomenThis section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues.FamilyIt could be argued that womens identity as mothers is critical in sentencing practice. Fox (200062) 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 womens role within the family both in terms of ideology and function. This was described mostly in terms of womens 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 womans prison experience (Carlen, 199874).One respondent in particular comme nted 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. Shes 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 mothers imprisonment on their children and the impa ct 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 mothers 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 psychologi cal 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 Dressers 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 womens imprisonment.Gabel (1992, taken from Snyder-Joy and Carlo, 1998 132) sums up this situation fo r some prisoners and their familiesSeparations 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 p ossible. 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 childrens 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 HealthThe assumption that women are m ore 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 womens 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 PrisonCarlen (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, 1998151)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(Carlen,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 OffendersAs 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 therapeut ic intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice SystemThe 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 m ain 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 ba ckup 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 MonitoringSections 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 4 6 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 32).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 imprisonmentSpecial Units for female offenders who are mothersAs 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 s pecialist 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

Taj Mahal :: essays research papers

Taj MahalI think a gigantic funerary mosque of white marble, built in Agra by order of the baron emperor Shah Jahan in memory of his favorite wife, the Taj Mahal is the most perfect jewel of Moslem art in India and is one of the universally admired computer architectures of the worlds heritage. Not only see the beautiful Taj Mahal from the video, I also knew the history of itself and its country. A white marble tomb sums up many of the formal themes that feed played through Islamic architecture. The video did talk a lot of how much Shah Jahan himself and his father bedd art and made many gorgeous artworks. Taj Mahals refined style is a conspicuous contrast to the Hindu architecture of pre-Islamic India, with its thick walls, arches, and heavy supports. Even though Taj Mahal is the symbol of grief and sadness, it still has it looker looks from marble and sand stone. Taj Mahal stands in a formally laid-out walled garden I think these trees and flowers made Taj Mahal even more beau tiful and gave it a look of peacefulness. blanched marble and red sandstone are great materials to be used for symbol of eternal love. Everything seems to be in balance of itself. I think a broad pool in front of Taj Mal does give many explanations or meaning of Taj Mahal. I think reflecting of Taj Mal in the long pool tells us that Shan Jahan would only love his wife, like the reflection that will only give the image of Taj Mahal, not anything else. The lines, mostly curved, are in great harmony details. The color from both outside and inside could be changed as the light from the sun moves. The flowers and Koran written on the walls and the gate give people who visiting wondering of what is that means. As the visitors walked deliberate each area, I think they would imagine of what each areas mean from the story of Taj Mahal. From the video, I think some sights of Taj Mahal create sorrowing sights. I think this architecture is beautiful artwork. I consider Taj Mahal as art becau se it combines many forms of art in one.

Aristotle’s Politics - The Good Man Should Not Rule the City Essay

Aristotles Politics - The Good Man Should Not Rule the CityAristotle contends that the upright gentle valet de chambres gentleman is dissimilar to the good citizen in ways he goes a great length to illustrate. He distinguishes the two for the purpose of facilitating his later arguments concerning the appropriate allocation of sovereignty to the rightful ruler, who he subsequently claims is the good man who excels all others in each and every aspect. Aristotles distinction further prompts the notion that he advocates a monarchial form of constitution, for the rule of a single good man is equivalent to a constitution of kingship. This can be derived through the following reasoning. Aristotle is convinced that the good citizen can so be defined only in relation to the constitution he is an element of The excellence of the citizen must be an excellence relative to the constitution (1276b16). The good man on the other hand, is a man so called in virtue of a single absolute excellence (1276b16). He further asserts that the good citizen must possess the knowledge and capacity needed for ruling as well as for being ruleda good man leave alone also need both (1277b71277b16). From these conclusions of Aristotle, it is evident that the good man and the good citizen differ in the manner of their excellence, but not in their capacity for ruling or being ruled. It should in that respectfore follow that there should not exist impediments to the ruling by the good citizen in the city as opposed to the ruling by the good man due to the situation that they are identical in their competence to rule. However, Aristotle in his later arguments, crowns the good man as ruler in the best constitutionthere is someone of bully excellence. What is to be done in that case? Nobody wou... ...scussed). The justification of the good man in becoming the supreme educator can be make in the following way. Since all absolutely excellent men (good men) arrive at their excellence through t he process of education, that is, they are not innately excellent, their efforts should be directed toward the emulation of their excellence in the children of the city, for they are the ones who know best the process of becoming excellent. In this manner of education, the children (being future citizens) will grow up to become good men and good citizens, and thus the future city will comprise of many potential rulers. The good man through education, will contribute towards the ruling of the city indirectly in such an instance, and not directly as Aristotle claims he should do. Works CitedAristotle. Poetics. Trans. Gerald F. Else. Ann Arbor Ann Arbor Paperbacks, 1990.