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New report urges more individualized justice system responses for women

Amanda Watford, Stateline.org on

Published in News & Features

A new report from the nonpartisan think tank Council on Criminal Justice warns that policies and practices across the nation’s criminal justice systems are failing to address the distinct factors that drive women into the system — and in doing so, are harming families and undermining public safety.

The report, which was released early this month, calls on states and local communities to reconsider how they respond to women at the earliest stages of criminal justice involvement — from arrest and pretrial detention to charging and sentencing — and to focus more on prevention, treatment and family stability.

“Women are no less responsible for their actions than men, and should be held accountable,” said Stephanie Akhter, the director of the council’s Women’s Justice Commission.

“If we really want to stop crime and put people on a path to success, then we need to take an individualized approach and craft responses that are fair and in service of those goals,” Akhter told Stateline.

The report outlined four major policy recommendations: prioritizing alternatives to arrest, basing pretrial detention decisions on public safety and flight risk, considering women’s unique circumstances during charging and sentencing, and prohibiting sexual contact between law enforcement officers and people in custody.

The authors also urged state and local leaders to invest in research and data collection to better understand women’s experiences in the justice system and the factors that may contribute to criminal behavior, including domestic violence, economic instability, substance use and mental illness.

“We need to know more about what’s bringing them into the system,” Akhter said.

The report comes as new federal data shows the female prison population is growing faster than the male population. The female state prison population increased about 5% nationwide between 2022 and 2023, according to the federal Bureau of Justice Statistics. Most states saw gains of fewer than 100 women, with Texas being the only state where the number of incarcerated women rose by more than 500.

 

Roughly 58% of women incarcerated in state prisons were parents of minor children in 2016, compared with 46% of men, according to a 2021 Bureau of Justice Statistics research brief.

The latest national FBI data shows a similar trend in arrests: Women accounted for 27% of all adult arrests in 2024, nearly double their 14% share in 1980, according to the council’s report. The share of violent offense arrests among women also has steadily risen, from 11% in 1986 to 21% in 2024.

A separate report from the council’s Women’s Justice Commission examined how communities respond to women in crisis. The authors found that some crisis intervention systems are not designed to meet women’s specific needs, and that more research is needed to understand women’s experiences and long-term outcomes.

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Stateline reporter Amanda Watford can be reached at ahernandez@stateline.org.

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©2025 States Newsroom. Visit at stateline.org. Distributed by Tribune Content Agency, LLC.

 

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