((NOTE: FORMATTING FOR ORIGINAL LOST IN CONVERSION))
By Deborah Ann Gantz
MA Thesis, NIU (Spring, 2002)
Abstract
This study explores the history of women's imprisonment in
Illinois. Women were incarcerated alongside men in male
institutions in the 19th century across the United States as well
as in Illinois. During this time incarcerated women were viewed
as fallen women. A fallen woman was seen as beyond hope. These
women could not repent their sins and rejoin society after serving
their sentence. Incarceration was the natural result of this
attitude.
The incarceration of woman as well as their image has changed over
the last few decades, but the way in which the criminal justice system
deals with these women has only changed marginally. The criminal
justice system, as well as society at large, judge women according to
a male standard. There is a great gender bias in society. This study
helps to show by historical analysis the gender bias, which is as
prevalent today as it was in the 19th century in Illinois womenbs
prisons.
Introduction
Although considerable research has been conducted on the origins
of prisons in the United States, the overwhelming majority of it has
focused on the history of male institutions, this is true for the
entire nation. Only a small amount of research has addressed the
history of womenbs prisons, an even smaller amount has addressed the
history of women's prisons in particular states. While there are many
similarities amongst the origins and transitions of womenbs and
menbs prisons, by focusing primarily on male prisons, gender based
differences have been relatively invisible. The study will help
correct this imbalance by examining the history and treatment of women
prisoners in Illinois.
Due to gender based policies that shape all areas of the criminal
justice system, it is not surprising that womenbs prisons evolved
differently from those of men. In the 18th century, women were
defined and incarcerated differently than their male counterparts
because of the differing cultural treatment and attitudes towards
women. However, in recent decades there has been a dramatic shift in
the philosophies and practices of womenbs imprisonment.
A socio-historical examination of womenbs prisons in Illinois
will describe the gender differences amongst males and females within
varying institutions. First, my discussion begins by examining gender
issues, drawn from the feminist perspective, which will provide a
framework to shape the later examination of imprisonment.
Second, I briefly describe the history of womenbs prisons in the United
States. Third, I examine the history of womenbs imprisonment in
Illinois to explain how it has changed since the 19th century. This
examination will give insight into the gender bias that has occurred
since the first females were imprisoned in Illinois. I conclude by
examining the policies and practices of womenbs prisons to show how
they have been shaped by broader social changes and suggest
possibilities for continued reform toward gender parity.
Conceptual Framework
The sex distinctions of being male or female are biologically
determined. Gender distinctions of male or female are determined by onebs
cultural and/or social relations. Insofar as the individual builds
up a sense of who and what he is by referring to his sex class and
judging himself in terms of the ideals of masculinity (or femininity),
one may speak of gender identity's (Goffman 1977:304). There are
distinct gender differences between males and females. In the
1960bs and 1970's feminist scholars began the project of
eliminating the sexual division of labor and the consequences that it
engenders. Women were typically involved at home with the children
while men went to the public area to engage in paid labor. Men and
women are said to be biologically predisposed to certain tasks.
Feminism was aimed at refuting these biological justifications
for what amounts to an unfair and unequal set of social relations.
One of the first key ways in which feminism addressed this
masculinist rationality's was to make a distinction between
sexb on the one hand and bgenderb on the otherb
(MacLean and Milovanovic 1997:43). The feminist doctrine suggests
that women are systematically disadvantaged in modern society. A
woman's place in society is and has always been stratified.
Women in society are judged according to a patriarchal system,
headed by a patriarch, a man. Cain (1990) states that b ...women
and girls exist as Other: that is to say, they exist only in their
difference from the male, the normalb (2). Female studies have
been neglected in the field criminology. b Feminism challenged
the overall masculinist nature of criminology by pointing to the
repeated omission and misrepresentation of women in criminological
theory's (Chesney-Lind and Barbara Bloom 1997:45). Basically,
women and their criminality has been overlooked in research.
Collins, influenced by Black feminism, expresses a very different
view of oppression. b By embracing a paradigm of race, class,
and gender as interlocking systems of oppression, Black feminist
thought reconceptualizes the social relations of domination and
resistanceb (Collins 1998:222). The fundamental paradigmatic
shift no longer accepts the concept of additive oppression.
Instead of starting with gender and then adding in other
variables such as age, sexual orientation, race, social class, and
religion, Black feminist thought sees these distinctive systems of
oppression as being part of one overarching structure of
dominationb (Collins 1990:222). Additive models of oppression
draw form either/or philosophies of Eurocentric, masculinist
thought. When looking at this either/or structure, one of the
sides will be considered the privileged ones while the other side
is considered as less than the privileged. b Embracing a
both/and conceptual stance moves us from additive, separate
systems approaches to oppression and toward what I now see as the
more fundamental issue of the social relations of domination.
Race, class, and gender constitute axes of oppression that
characterized Black womenbs experience within a more generalized
matrix of dominationb (Collins 1998:226).
Why History?
The term sociology comes from the Latin socius, which means
companion and the Greek logos, which means the study of. Sociology
is the study of society, collectives of people. The sociological point of
view makes its appearance in historical investigation
as soon as the historian turns from the study of periods to the
study of institutions. The history of institutions, that is to
say, the family, the church, economic institutions, political
institutions, etc., leads inexorably to comparisons,
classifications, the formation of class names or concepts, and
eventually to the formation of law. In the process, history
becomes natural history, and natural history passes over into
natural science. In short, history becomes sociology's (Park
and Burgess 1921). James Jacobs completed a socio-historical
analysis of the Stateville Penitentiary. He focused b ...on
the historical evolution of institutions and on their
articulation with the structure and culture of the larger
society, this genre of studies draws as heavily on political
sociology as on sociology of organizationb (Jacobs 1977:1).
He looked at the changes within the populations of Stateville
and also how the relationships of the prisons with larger
society has affected the changes in authority at the prison. He
found that "[t]he social organization of the prison was thus
dependent upon the complex relationship of the institution and
its elite to the organizational, political, and social
environment" (Jacobs 1977:5). His work shows how useful
historical analysis is in regards to explaining the process of
change that has occurred at Stateville. There is great
disparity regarding prisons amongst states, a national view does
not give us the entire picture, therefore Illinois was chosen as
the focus of this study. I will employ a multiple method
strategy to explore the gender bases of the changes in Illinois
womenbs prisons. First an exploration of the existing
studies of prisons in the United States will provide us with a
historical base form which we can build upon. The treatment of
women, or lack there of, is imperative to our understanding of
gender issues.
Methodology
The historical perspective in sociology was firmly developed by Jacobs
study of Stateville. Jacobs examined the historical transition of
Stateville as an institution as a way to highlight the changes that affect
the running of prisons. An historical approach helps link changes
that have occurred in broader society to any corresponding changes that have
occurred in womenbs prisons in Illinois. To examine the history of women's
prisons I have drawn from five data sources.
First, legislation and the debates surrounding
legislation. The statutes of Illinois are the laws that govern
the citizens of Illinois. By examining the statutes of
Illinois, we see how the treatment of women has been impacted by
various laws. The discussions and debates paint a picture of
the treatment of women in regards to laws. By examining the
legislative discussions and debates that have taken place we can
better understand how gender issues have been addressed.
Second, civil rights litigation can be assessed to see what
issues have been raised in regard to gender issues and prison.
Civil rights are those that are granted to individuals by the
13th, 14th, 15th, and 19th amendments to the Constitution of The
United States as well as other acts of Congress. The litigation
surrounding civil rights can show the gender bias that has
occurred in associations with Illinois prisons.
Third, by reading and exploring materials of the Illinois Department of
Corrections, we can see how the treatment of women has changed
over the years. The documents that have been kept by prison
officials and record keepers can help to show the numbers of
women involved with the Illinois Department of Corrections as
well as the Illinois Penitentiary System. Early documentation
is lacking, but current information helps to paint a picture of
the women involved with the Illinois Department of Corrections.
This picture helps us to explore the gender bias that has
occurred within the institutions.
Fourth, by reading newspaper accounts and other analytical material we can
further establish the base for gender issues and understand the changes that
have occurred within prisons. There is very little literature
involving Illinois womenbs prisons, but what has been
completed on other states and also in regards to England can
help us to understand our own situation here in Illinois.
Finally, open-ended qualitative interviews with key informants
within the Illinois Department of Corrections provides and
insight into gender issues and prisons. Interviews are ways
that we can gain the story or the substantive material involving
a particular topic. There is no better person to express the
real life situation of women in Illinois prisons then the people
involved. The wardens and other prison officials help us to
explore the gender bias that has occurred in womenbs prisons.
The History of Imprisonment in the United States According to
Foucault (1977), punishment began as a public spectacle. People
were housed in jail cells while they awaited their public
punishment, but these cells were no the main source of
punishment. The word incarcerate means to imprison or confine.
To confine an individual involves the loss of some freedoms.
Incarceration has been viewed as bthe deprivation of
liberty's (Foucault 1977:232). Imprisonment was seen as an
equal way to punish all. The idea was that liberty is something
that all individuals have and hold according to the same
standards. When freedom is taken away by incarceration it is
seen as equal punishment for all. b Moreover, it makes it
possible to quantify the penalty exactly according to the
variable of timeb (Foucault 1977:232). Incarceration was not
only seen as a b deprivation of liberty's but also as an arena
for the possible correction or rehabilitation of the offender.
b The penitentiary was seen as a new strategy of power, a
technology aimed at changing behavior through religious
exhortation and persuasion allied to routes of disciplineb
(Dobash, Dobash, and Gutteridge 1986:8).
The penitentiary was to be the new and better way to deal with criminals.
The penitentiary ideal consisted of extreme isolation of criminals
from society, extensive supervision over their daily lives, and
compulsory productive labor" (Freedman 1981:8). The first
prisons in the United States were built in the 1820bs. Two
distinct philosophies guided these early prisons, the Auburn
system and the Pennsylvania system. The Auburn system or the
congregate model was developed to reform individuals with
routinization, standardization, regimentation and documentation.
The inmates worked together and ate together, but they were not
allowed to speak to one another. The system was based on
discipline . The Pennsylvania system also originated in the
1820bs. It is known as the Eastern model. The system was
based on Quaker ideologies. The intent of the prison was
humane. It was based on total isolation. The prisons had cells
similar to dog kennels. They had a room with their living
quarters and an adjacent area where they could go for their
bexerciseb. The prison was based on the idea that offenders
needed to reflect on their crimes. If they were to think about
what they did they could then look to spiritual guidance for reform.
Neither the Auburn and Pennsylvania systems obtained
their ultimate goals, and the prison became more of a custodial
institution (Freedman 1981:10). At this time rehabilitation was
not the primary goal of imprisonment. Prisons were being used
to house individuals who could not or would not refrain from
committing criminal acts. The image of the criminal also
changed during this time. Previously criminals were thought of
b as individual sinners who remained integral members of the
community, those who committed crimes now acquired new
identities as members of a separate criminal subcultureb
(Freedman 1981:10). The previous ideas that spiritual guidance
and hard work will reform criminals were not working to reform
them.
A Woman's place is ...
Women in society are measured according to
a male standard. Society in the United States is organized
according to a patriarchy. A patriarchy is defined as social
organization in which the father is the head of the family. In
government, a patriarchy is ruled or dominated by men. The
church and family are institutions in society that are organized
around a patriarchy. b Under a rigid patriarchal order, women
were expected to be subservient to men in most spheres of life,
especially within the home and churchb (Dobash, Dobash, and
Gutteridge 1986:19).
Early infrequent incarceration rates for
women can be understood by looking at the b ...different
historical relationship to institutions of social controlb
(Freedman 1981:10). During the early times of imprisonment a
womanbs place in society was a more traditional one. Women
were homemakers. Their duties were to cook, clean, raise the
children and serve their husband. Women did not have many job
opportunities in 19th century society. b The limited
opportunities for wage earning and the lower salaries paid
working women placed them in the most marginal economic position
in society's (Freedman 1981:14). Women turned to petty crimes
like theft and prostitution to acquire financial support.
Evidence has shown that women were imprisoned at a lower rate
then men up to the year 1840. This can be explained by looking
at the types of crimes women were convicted of. b The most
frequent womenbs crimes, however--the petty street crimes and
those governed by moral and sexual codes--usually lead to jail
termsb (Freedman 1981:11). These crimes that women committed
in the 19th century were said to be violations of public order
or social order. Women who committed criminal acts defied the
traditional model of femininity. b Arrest, conviction, or
imprisonment for offenses against chastity, decency, or public
order carried a unique penalty for the nineteenth-century female
criminal--the label of bfallen womanbb (Freedman 1981:14).
A fallen woman was seen as beyond hope. These women could not
repent and rejoin society after serving time for their crimes.
The fallen woman image is expressed well by looking at b
...the dominant sexual ideology of the Victorian era. The
nineteenth-century sexual system has often been described in
terms of the ideology of the separate sexual spheres. White,
middle-class men and women inhabited sexually differentiated
social spaces with distinct values and mannersb (Freedman
1981:18-19). Men in the 19th century were leaving home to go to
work. They were becoming involved in the impersonal arena of
the marketplace. Such an emphasis was placed on the virtuous
and morally pure woman. Women were expected to remain wholesome
and pure. When men returned home from the marketplace they
expected to return to a morally stronger female figure. Women
were to keep their men moral. b The idea of womenbs superior
morality thus provided a foundation and justification for the
sexual division of laborb (Freedman 1981:19).
The Origins of Female Incarceration
In the 19th century two penologists,
Francis Lieber and William Crawford looked at the discrepancy in
offending rates of males and females. They discovered that
b (w)omen are socialized to be more passive and nurturing than
men, and as a result, they commit less crimeb (Raftner
1990:11). When women first entered the penitentiary in the
early 19th century, they were housed among the men in general
population. Women were then separated to large rooms or
individual cells. Then, women were separated from male
offenders and kept in separate quarters within male facilities.
Women were being housed in attics, annexes and other upper floor
rooms of penitentiaries. Finally, women were separated from
their male counterparts and being housed in completely separate
buildings on or near the male facility grounds. During this
separation process women were neglected in terms of care and
supervision.
The lack of supervision led to abuses by male
officers as well as other female offenders (Raftner 1990:10).
b For most of the ninetieth century, female prisoners remained
social outcasts and pariahs, incarcerated alongside of males in
separate annexes, wings, or units either within or attached to
their statebs male penitentiariesb (Dodge 1999: 908). In
1870 the treatment of women began to undergo significant change.
The reform movement established the goal of rehabilitation of
women. Traditional concepts of b true womanhoodb were the
driving force behind rehabilitative programs. Extended
sentences as well as incarceration for pettier offenses were
some of the responses to this change. b In the process of
attempting to rescue and reform fallen women, those who founded
womenbs reformatories established another mode of differential
treatment, distinct but no less oppressive than that of the
custodial traditionb (Raftner 1990:23-24). A new image of the
female offender was also developed in the late 19th century.
Women were being seen as childlike, impressionable and
redeemable. Reformers believed that with their help the
b fallen womanb could redeem herself and become a true woman
(Raftner 1990:49). b The new conception of the female criminal
and the reformatory model evolved together, feeding into one
anotherb (Raftner 1990:51). Historical accounts have shown
that the earliest prisons designed especially for women were
drastically different from the male facilities of the time.
b As womenbs prisons were built, architectural differences
were apparent. For instance, cottages were built in place of
the large tiers found in male facilities, and small kitchens
were installed in the womenbs cottages instead of central
dining facilitiesb (Pollock 1986:19). The architectural plans
for womenbs facilities today still account for female inmates
inhabiting them. Womenbs prisons are generally smaller than
male facilities, which can create a problem in terms of
resources. With smaller sizes, womenbs facilities cannot
offer a variety of vocational programs, medical attention can
also be lacking, as well as insufficient staff (Pollock
1986:20-21).
Women in prison often have different needs than
their male counterparts. Many women in prison are mothers,
causing a variety of economic, personal and emotional problems
for these inmate mothers. Women often require more medical as
1986:23). All prisons, both male and female institutions,
suffer from lack of resources and adequate training programs;
b ...however, womenbs prisons have been criticized for not
addressing the current needs of women by failing to provide
programs to help them learn job skills instead of domestic
skills and for not providing even the minimal vocational
programming which is available in prisons for menb (Pollock
1986:21).
The Origins of Female Incarceration in Illinois
Like man other women nationally, ninetieth-century female
convicts in Illinois were incarcerated alongside men in the
statebs three prisons at Alton (1835-1859), Joliet
(1859-1896), and Chester (1878-1889)b (Dodge 1999:205). The
first female prisoner in Illinois, Sally Jefferson, entered
Alton prison on September 11, 1835. She was pardoned six weeks
later and another female convict did not enter the penitentiary
for another five years (Dodge 1999:907). b The penitentiary
was never viewed as an appropriate place for proper women.
Although police data reveals that thousands of women were
arrested every year for felonies ranging from shoplifting to
larceny, robbery, infanticide, an murder, and although half of
those women were later convicted, only one to two dozen were
ever sentenced each year to the penitentiary. Those women were
among the most marginalized and disadvantaged in terms of class,
race, ethnicity, and social statusb (Dodge 1999:207). The
incarceration of women in Illinois rose during the Civil War.
These incarcerated women were either immigrants or migrants,
with few ties to the community, no family or friends in the area
(Dodge 1999:207). There are two factors that can explain the
increase of female incarceration during the Civil War. First,
the war disrupted family relationships as well as placed undue
financial hardship on these women.
Second, the opening of the new Illinois State Penitentiary at Joliet in 1859.
The prison at Joliet was to have its own 100 cell female prison on the
grounds. Knowing that there was a separate prison designated
especially for women had an affect on the officials during that
time, causing them to sentence more women to the penitentiary.
b The womenbs unit was a two-story structure with fifty cells
on each floor in a traditional cell-block pattern located in the
middle of the prison compound. Each cell was four by seven feet
- same size as the menbs cells. In addition the bFemale
Prisonb was carefully designed to be centrally located and
adjacent to the chapel, hospital, and dining hall, thereby
providing the women with direct, yet private, access to those
facilities....Since the much larger five-hundred-cell male cell
house was not yet completed, the intended womenbs unit was
used to house male rather than female convicts for the first
five yearsb (Dodge 1999:211).
In 1862 the female prisoners at
Joliet were being housed in one small room. By the year 1864,
the 20 female prisoners were now occupying their own quarters in
the female prison and were to remain there for the next five
years. b In 1868 state Penitentiary Commissioners Robert E
Logan, John Reid, and Andrew Shuman gave the first of many
recommendations for the construction of a new female unit,
which, they argued, needed to be located completely outside of
the male prison enclosureb (Dodge 1999:212). Analysis
Conclusion
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