Keeping the Children Nonviolent Women Offenders in Two Michigan

Chapter 1: Introduction to the Study

Introduction

The arrest of a women with minor children is well documented (Bureau of Justice

Statistics, 2015). Further, scholarly discourse regarding justice-involved women

experiences of victimization and trauma has provided a glimpse of the journey these

women travel through the criminal justice system. The war on drugs, mandatory

minimum sentencing laws, and repressive public policies have had a damaging effect on

society as a whole and on women offenders of all ethnic backgrounds who are mothers of

minor children (Bloom, Owen, &Covington , 2004).

The goal of this study was to provide a voice for women offenders who also are

mothers of minor children and document their experiences regaining or retaining custody

of their children while involved in residential programming designed to address

substance abuse and other related issues. I used Colaizzi’s (1978) strategy for analyzing

data for this qualitative phenomenological study by extracting and organizing datasets.

Themes were developed based on the research questions, which will be outlined later in

this chapter. My intent was for the study’s findings to be instrumental in working to

effect social change and affect public policy in the state of Michigan by shedding light on

a growing phenomenon and offering recommendations to change the current trend.

Background

Although justice-involved women in a heretofore predominately male population

are not a new phenomenon to the criminal justice system, efforts to address specific

needs of these of women offenders have evolved out of necessity. Classic research by

Adler (1975) and Chesney-Lind (1997) confirmed that abuses in all its forms, along with

mental health issues and the lack of resources available to address these various concerns

have not been adequately address by local, state, and federal officials. When I began my

career as a probation officer in 1987, there were no formidable assessments or

classification instruments used specifically to address the needs of justice involved

women.

Because the vast majority of inmates confined to prison were men, assessment

and classification instruments were geared toward this specific population often to the

detriment of female inmates (VanVoorhis, Wright, Salisbury, & Bauman, 2010). The

major disadvantages resulted in overclassification, the "channeling of relatively low risk

offenders to unnecessarily secure supervision levels or institutional placements" because

the majority of justice-involved women were and continue to be low-level risk,

nonviolent offenders (IResearchnet, 2016, p.7). Further, as stated by VanVoorhis et al.

(2010), the assessment tools that were available were designed specifically for men by

men. Moreover, issues related to women offenders with children were virtually ignored

when many of them were sentenced to prison, jail, or long-term residential treatment

programs.

Researchers have examined various facets of criminality hoping to gain insight on

matters surrounding criminal behavior with studies tailored on addressing causal factors

associated with environment, socialization, and genetics (Becker &McCorkel, 2011;

Salisbury &VanVoorhis, 2009). More recently, the gender-responsive research of

Brennan, Salisbury, and VanVoorhis (2012) offered a frame of reference to review a

historical perspective of the criminal justice system and the effect on women, particularly

women who are mothers of minor children. To accomplish this overview, it was

necessary to review how women became justice-involved: paths of arrest, conviction,

probation, prison, parole, and reentry.

During the formation of the penal system in the United States, female offenders

received limited attention from researchers and social scientists (Roth, 2011).

Historically, sexism and racism were dominating factors which stifled empirical research

on offending women. Belknap (2010) noted that approximately 19 scholarly articles

presented between 1913 and 1971 published by the Journal of Criminal Law and

Criminology specifically addressed issues related to women offenders (p. 1062).

Moreover, Belknap (2010) asserted that more recent contributions by male authors and

researchers failed to address the variables of race and gender in their articles which

contributed further to the invisibility of women offenders.

Although it can be argued that the criminal justice system itself is not responsible

for the care of minor children who are suddenly left without their custodial parent, the

literature is clear that forced separation is traumatic and overwhelming with long-lasting

detrimental effects to bother mother and child (Celinska& Siegel, 2010; Mason, 2013).

Researchers have recognized that economic pressures on single mothers are precursors to

misconducts while incapacitated, and recidivism, once these women are released (Ney,

Ramirez, &Van Dieten, 2012).Economic pressure compounded by traumas of forced

separation creates and contributes to unique and crucial classification considerations for

women offenders who also are mothers.

According to Celinska and Siegel (2010), mothers who were incapacitated as a

result of criminal activity were guilt-ridden and experienced feelings of shame, which

had adverse effects on fostering relationships with their children during confinement.

Programs that allow mothers to nurture their children during incapacitation, while

addressing substance abuse and other related issues, prove to be beneficial to both

mothers and children (Cobbina& Bender, 2012). Providing a voice for and

documentation of incapacitated women who also are mothers and how they regain or

maintain custody of minor children following separation was the goal of this study. It is

my intention that results from this study and additional research will prove beneficial in

changing minds, perceptions, and more importantly, public policy.

Problem Statement

The Bureau of Justice Statistics (2015) reported that the number of women

offenders is growing exponentially. Further, the number of women who are custodial

parents of minor children is estimated as seven in 10 children, more than 1,300,000

children whose lives are affected (BJS, 2015). McDonald and Arlinghaus (2014) found

that women frequently were parenting at least two children before incapacitation. Many

women have experienced one or more forms of trauma and victimization, lived

experiences that lead to or set them up for criminal justice involvement. Researchers Daly

(1992); Bloom et al.(2004); and Salisbury and VanVoorhis (2009) identified trauma and

victimization specific to women offenders as gendered pathways.

These gendered pathways not only focus uniquely on women that include women

as mothers but also the import of their social networks (Reisig, Holtfreter, & Morash,

2002). Social network (partners or spouses, immediate and extended family friends,

counselors, educators, church, and community organizations) play key roles in how

women offenders experience separation from their children (Reisig, et al. 2002). Social

networks that act to support and enable women offenders to continue their roles as

mothers are known as prosocial networks (Reisig, et al. 2002).

Due to the increase in numbers of nonviolent, low-risk women offenders in the

state of Michigan with minor children who experienced separation, I explored prosocial

networks, in relation to women regaining or retaining custody of their children, in this

study. Using a qualitative phenomenological approach and the theoretical framework of

gendered pathways, women offenders with minor children, from two supervised

residential programs, were interviewed to document their experiences. By providing a

voice for an otherwise marginalized group, results from this study can be used to assist

Michigan policymakers and stakeholders in more effectively addressing justice-involved

mothers and how their prosocial networks influence and support them.

Purpose

The purpose of this qualitative phenomenological study was to document the

experiences of justice-involved women who also are mothers in regaining or retaining

custody of their minor children during a period of incapacitation. Using a gendered

pathways theoretical perspective and mothers as a method of inquiry, justice-involved

women with minor children were given a voice in this study. My focus was on the role

that prosocial networks played in nonviolent women offenders' lives as mothers and the

extent to which prosocial networks were important in retaining or gaining custody of

their minor children. The Michigan Department of Corrections (MDOC) may find the

results of this study useful for designing cost-effective strategies that mitigate

incapacitation for nonviolent women offenders who are also mothers by minimizing

disruption of families.

Research Questions

Daly (1992) stated that women offenders cannot be regarded as mere offenders or

solely as women when women offenders are mothers of minor children. How women

cope with mothering while incapacitated can depend on external support; external

support presents as a prosocial network (Reisig et al. 2002). Prior research has

established that incapacitated females are fraught with multiple challenges in regaining or

retaining custody of their children (Celinska & Siegel, 2010; & DeHart, 2014). I designed

the following research questions (RQs) to provide information that can serve as inroads

to more productive correctional practices and provide answers to questions about the

value of prosocial networks:

RQ1: What are the social implications for women offenders who also are mothers

and experience separation from their minor children as a result of incapacitation?

RQ2: What are some strategies that women offenders who are also are mothers

use in regaining or retaining custody of their minor children?

RQ3: How do women offenders who also are mothers use prosocial networks

during incapacitation for determining interaction with their minor children?

Participants responded to the RQs through a phenomenological approach of

structured interview inquiry. I identified, described, analyzed, and interpreted the themes

that emerged from the data I collected. Responses were rich in data which established

themes that I will discuss further in Chapter 4.

The positive social change implications of this study include public policy driven

advocacy for an otherwise marginalized group of women–namely, women offenders who

also are mothers. In addition, social change initiatives can be achieved through the

recommendation of alternative measures, such as child-inclusive on-site residential

programs that help keep families intact while mothers deal with the consequences of

criminal involvement. Moreover, the findings of this study can be used to address the

establishment of programs highlighting the use of prosocial networking strategies,

especially where family reunification efforts are ongoing.

Theoretical Framework

Using the feminist perspective lens and gendered pathways, the purpose of the

study was to provide a new understanding of the shared experiences of justice-involved

mothers who want to regain or retain custody of their minor children. I developed the

RQs to gain an understanding of the process that justice-involved mothers go through and

how they use prosocial networks while incapacitated. The literature review in Chapter 2

will encompass articles that argue women offenders in the criminal justice system have

been physically, mentally, or sexually victimized. Their subsequent involvement in crime

may be attributed to economics or situational events that take place in their environment

(Daly, 1992). From a public policy standpoint, women engaged in reentry programming

need to be considered in part of the discussion on what works or does not work to assist

offenders' in reducing recidivism.

As a theoretical framework, gendered pathways provide a basis for understanding

women in the criminal justice system. Justice-involved women enter the system through

pathways, which are in many instances, the result of their gender (Bloom et al. 2004;

Estrada & Nilsson, 2012). Further, scholars have established that mental and physical

trauma during the formative years for young girls initially begins their involvement in the

juvenile court system, where many girls are identified or classified as runaways

(Chesney-Lind, 1997). Female runaways survive by engaging in petty criminal behavior

such as shoplifting, or relying on men, who expose them to drugs or more violence by

forced prostitution and other forms of coercion (DeHart, 2008).

Researchers also suggested that women in the criminal justice system are

generally poor, undereducated, minority, with one or more minor children (Arditti &

Few, 2006; Belknap, 2010). Women offenders typically struggle with issues of childhood

trauma, the lack of prosocial networks, and on-going substance abuse, which increases

the likelihood of recidivism (Salisbury & Van Voorhis, 2009). Social network theory, as

outlined by Bui and Morash (2010), continued the discourse on social networks

emphasizing the use of prosocial networks, such as family and church, which may be

useful to these women.

The stigma of becoming a convicted felon presents additional barriers for women

offenders, especially when their children have been placed in the care of family or the

foster care system as a result of the mother’s incapacitation (Arditti & Few, 2006).

Another theory that I considered in this study was the social network theory or relational

theory. According to Bui and Morash (2010) social networks are necessary components

to women offenders during incarceration and after release. Although social networks

present strengths and weaknesses in relationship to the overall adjustment, efforts that

justice-involved mothers make toward reunification in regaining or retaining custody of

their minor children can be sabotaged or facilitated depending on the influences of the

women's social network(Bui & Morash, 2010). To that end, the focus of this study was

on prosocial networks justice-involved women used, which may be beneficial in fostering

self-efficacy.

Limitations

As this qualitative study was limited to 10 participants, the findings may provide a

more robust meaning and understanding of their individual perspectives in relation to the

process of regaining and retaining custody of their minor children and how the

participants used prosocial networks effectively. I also considered my inability to

interview participants in another region or another state to examine prosocial networks a

limiting factor. This inability stemmed from restraints on time and available resources.

Because participants were at various stages of incapacitation and reunification, I

also considered the levels and degrees of willing disclosure a limitation as one or more

participants could have found it difficult to disclose personal feelings or challenges with

their children, family, or the foster care system. A glaring limitation was the paucity of

literature on nonviolent, low-risk justice-involved women with children housed in

supervised residential programs together as a family unit. My role, position, and status as

a parole/probation officer, which I was required by the Institutional Review Board (IRB)

to disclose to participants, was also a limitation.

Delimitations

In this study, I focused on incapacitated women who also are mothers housed in

supervised residential programs in the state of Michigan, where justice-involved mothers

are allowed to have their children with them on site. I interviewed participating mothers

during the month of December 2015. Participants in this study were drawn from two

programs: one program is federally funded and the other is funded by a Roman Catholic

diocese of Michigan. The federally-funded program generated six participants, and the

Roman Catholic diocese program generated four participants. I sought women

participants between the ages of 21 and 45 years, who were mothers of children aged

from infancy to 17 years old. Demographic data included name (I assigned a pseudonym

to each participant), age, prior contact with the criminal justice system (Y/N), substance

abuse history (Y/N), and number of minor children and their ages. The structured

interview questions were open-ended and designed to elicit responses about mothering

and about aspects of prosocial networks during incapacitation. Gendered pathways was

the theoretical framework I used during this qualitative phenomenological study that

focused on what Daly (1992) identified as two of the five most commonly occurring

pathways unique to women: drug connected and economically motivated. Further, I

examined the use of prosocial networks by women who are mothers and the role that

prosocial networks played in maintaining contact with their minor children during

incapacitation.

Definition of Terms

For the purpose of this study, the following terms are defined and their meanings

and uses were as follows:

Female/women offenders/justice-involved women: Women who have been

convicted of a felony crime which resulted in incapacitation in a correctional facility,

halfway house, probation, or parole (IResearchnet (2016).

Incapacitation: Refers to the restriction of an individual's freedom and liberties

they would normally have in society. This term can be used interchangeably with the

terms incarceration, jail confinement, or supervised residential program (Study.com,

2017).

Prosocial network/relationships: One or more persons or institutions that offer

emotional, financial, social, and personal support, motivation, or modeling that helps

empower individuals toward self-efficacy. This can include, but is not limited to: family

members, friends, church, self-help support groups, therapists, parole/probation officers,

and educational institutions (Bui & Morash, 2010)

Assumptions

Justice-involved women generally engage in criminal activity for economic gain,

and for the most part, refrain from crimes that would involve physical harm to their

victims (Caputo, 2008). Researchers have presented substantive data relative to female

offenders’ overrepresentation in the vast majority of correctional facilities primarily due

to drug dependency, which in fact, is the primary motivation fueling their involvement in

property crimes, possession of illicit substances, and prostitution (Brennan, Salisbury,

&VanVoorhis, 2012). As an example, Caputo (2008) provided clarity to this assumption

through an in-depth analysis of drug-addicted women who engaged in sex work and

shoplifting as a means of survival, and in some cases, supporting an increasingly

expensive drug habit.

As a result of sweeping national public policies in the criminal justice system,

female offenders have been severely and adversely affected by the war on drugs,

mandatory minimum sentencing, and three strikes laws focused on repeat offenders

(Bloom et al., 2004). Based on diverse political and philosophical perspectives, the

general public had an expectation of the criminal justice system, specifically in

relationship to how it handled a resurgence of drug users and drug dealers (Phillips,

Gleeson, & Waites-Garrett, 2009). The late 1980s and the early 1990s introduced

stringent policies that increased the penalty for drug possession, especially cocaine

(VanVoorhis, 2012). The assumption was that by increasing the penalty for this drug

would minimize the demand. Contrary to this notion, drug addiction soared after

freebasing, a method of using a crystallized version of the drug (commonly known as

crack cocaine) increased in popularity (Caputo, 2008). The prevalence of the drug as an

inexpensive high produced an epidemic in the 1980s (Campbell, 2013).

Although drugs penetrated all communities and impacted women and men, the

public perception was that most drug abusers were men (Kruttschnitt, 2016).

Consequently, changes in the drug policies resulted with the arrest a large percentage of

women who were caught up in a world of drug addiction (Bush-Baskette, 2000). While

women have participated in the drug trade as dealers, the vast majority have been arrested

for being “mules or couriers,” which involves transporting illicit substances to and from

specific locations. With high numbers of female offenders incarcerated, there were

increasing numbers of children who were left in the care of family, friends, or the foster

care system (Loper & Tuerk, 2011). The assumption that women offenders would reenter

society and immediately regain legal custody of their children and get on with their lives

was challenged (Tuerk & Loper, 2006). In most instances, this was and continues to be

far from their reality. Public perception, with respect to reentry for women, attributes

reoffending to a lack of self-motivation to live a responsible, productive, and crime free

life (Alfred & Chlup, 2009). Assumptions about justice-involved mothers were examined

during this inquiry.

Significance

Although life circumstances are evolving in terms of the role of parenthood with

significantly more single fathers positioned as custodial parents, mothers, at this juncture

in time, are still primarily responsible for the care and well-being of their children. With

respect to justice-involved women who are actively involved with regaining and

maintaining custody of their minor children, prosocial relationships may be considered

the linchpin to increase successful outcomes for these offenders. With the Department of

Corrections seeking alternative measures to reduce recidivism rates, the findings and

recommendations from this study may show cost-effective means to mitigate the need for

further family disruption (as female offenders are generally engaged in nonassaultive

crimes(Michigan.gov, 2017). The primary benefit in terms of positive social change may

be for women involved in the criminal justice system to have the opportunity to inform

key stakeholders and policymakers of the challenges associated with the process of

regaining and retaining custody of their minor children.

Summary and Transition

In this first chapter, I presented the contextual framework for the study female

offenders who also are mothers and custodial parents of at least one minor child prior to

incapacitation. Historical references from Adler (1975) and Chesney-Lind (1997)

regarding the progression of females in the criminal justice system were included because

these scholars provided new insight and perspectives that began to address social and

economic factors, race, gender, and abuse, which heretofore had been largely ignored.

Salisbury and VanVoorhis (2009) provided insight into the life experiences of female

offenders which in many cases involved mental, physical, or sexual abuse. Furthermore,

Roth (2011) argued that women offenders were treated more severely because of gender

and status in United States society. Researchers have garnered significant data regarding

the abuse of females in general and women offenders specifically; however, there

remains a gap in the literature regarding prosocial relationships and how they may

influence outcomes for justice-involved mothers engaged in regaining and retaining

custody of minor children.

In Chapter 2, I will focus on review of the literature in the field of criminal justice

particularly with respect to female offenders. For example, research by Celinska and

Siegel (2010) addressed mothering from prison and the guilt and shame associated with

justice-involved women. They recognized that women returning home must address self-

esteem issues regularly to combat negative thoughts and behaviors that may result with

reoffending. Bui and Morash (2010) argued that recidivism rates may be reduced with the

internalization of controls by female offenders through fostering relationships.

In Chapter 3, I will describe the qualitative design used, the methodology

selected, and the rationale for choosing phenomenological over other methods available.

The theoretical design was based on gendered pathways using mothering as a focus of

inquiry to examine prosocial networks. Chapter 4 includes the findings. Ten nonviolent

women offenders who are also mothers were drawn from two supervised residential

programs in Michigan and interviewed on site. A demographic profile table was created

that represents component factors of the study.

I developed 10 structured, open-ended face-to-face interview questions, which

participants provided responses to that addressed and answered the three RQs guiding the

study. Thematic coding identified themes that emerged from the data and basic analysis

without discussion will be presented. These data will be presented collectively, as

participants were connected through their similar experiences as justice-involved women

who have children and were fighting to regain or retain custody while incapacitated and

faced with rebuilding their lives.

In Chapter 5, I will present the findings along with a discussion and offer

recommendations that were intended to enable criminal justice professionals,

policymakers, and women offenders themselves to address the inequities in current

justice-involved public policies in Michigan. Findings from this research will provide

evidence for policymakers and stakeholders who are interested in social change that seeks

to minimize disruption of family units and increase alternative sanctions for nonviolent

offenses. To that end, the positive social change that my findings from this study could

lead to would offer resiliency and hope to an otherwise marginalized group who seek to

regain or retain custody of their children and have the means to provide for them. These

findings will also contribute to the literature as they relate to the social implications for

women who experience separation from their children as a result of incapacitation and

the influences of prosocial networks.

Chapter 2: Literature Review

Introduction

The purpose of this study was to provide a voice for women offenders who also

are mothers by documenting their unique experiences as an otherwise marginalized

segment of society within the context of the criminal justice system. What I found during

my review of the literature was a paucity of literature presented from the perspective of

women who also are mothers, who experienced incapacitation and also engaged in the

process of regaining or retaining custody of their children. This gap in the literature was

what I expected to fill with the results of this study.

I organized the body of the chapter first into three segments that will provide

background on justice-involved women which included studies conducted in the United

States and globally. Next, I will focus on women offenders mothering from the inside

with literature that examined various challenges that these women faced. Last, I will

present literature that discussed women and reentry along with how regaining or retaining

custody of their children intersects. I found it necessary to rely on foundational and

classic research upon which to build and strengthen the search for relevant literature on

justice-involved women who engaged in low-level offenses motivated by addictions or

economic necessity and or greed.

Literature Synopsis

Several themes were established during my review of classical and recent

scholarly literature on women offenders. The theory of gendered pathways references the

trauma of mental, physical, and sexual abuse of women during their formative years

along with the subsequent effect of these abuses on women offenders (Bloom et al., 2004;

Daly, 1992; VanVoorhis et al., 2010). In addition, the institutional classification process

for women prisoners utilized instruments designed for classifying men (Rettinger&

Andrews, 2010; Salisbury &VanVoorhis, 2009; VanVoorhis et al. 2010), and this

resulted in over classification of nonviolent women offenders. Offending women

experienced the effect of policy driven penalties including the war on drugs, mandatory

minimum sentencing, and three strikes laws (Bloom et al. 2004).

Female offenders often sought ways to remain connected to their offspring during

confinement (Arditti& Few, 2006; Brown & Bloom, 2009; Celinska& Siegel, 2010).

Difficulties abound for women that had to rely on others to foster communications

through letters, phone calls, or visits (Cox, 2009; Haney & Hurtado, 2000). Additional

consideration provided in the literature with respect to women offenders involved in the

criminal justice system is the high percentage of those diagnosed with mental health and

substance abuse problems (Derkzen, Booth, Taylor & McConnell, 2013; Phillips,

Gleeson, &Waites-Garrett, 2009) as are many justice-involved women experiences.

Women become involved in the criminal justice system through a series of

precipitating factors, life events, or circumstances that unfolded in their lives. Those

factors ultimately led several women to become part of a growing segment of females

arrested, convicted, and sentenced through the judicial process (Roth, 2011). For many

women, the pathway to criminality began during pubescence. As I highlighted in Chapter

1, researchers determined that physical, and or sexual abuse was most likely to have

occurred (Salisbury &VanVoorhis, 2009), creating additional problems for justice

involved women.

The prevalence of early childhood trauma significantly contributed to an increase

in the number of juvenile offenders’ adjudicated as temporary, and in some cases,

permanent wards of the court (Chesney-Lind, 1997). For example, teenage female

offenders are often perceived and designated as runaways (Eckelkamp, n.d.). Many times

adolescents have engaged in truancy based on what were interpreted as oppositional

behaviors (Chesney-Lind, 1997). Although in many instances, juvenile offenders were

attempting to protect themselves from mental, physical, and or sexual abuse that was

perpetrated on them by family members or close family friends; the cry for help was

missed due to their status as juvenile offenders (Lynch, Heath, Mathews, &Cepeda,

2012).

Preview of Chapter

In this chapter, I will present a historical overview of the most recent literature

that specifically focuses on the female offender population. First, I will provide a review

of existing literature on women who have been incapacitated as a result of receiving

prison sentences through the gendered pathways theoretical lens. Then I will present a

critical analysis of current research is presented that seeks to address issues related to

classification of female offenders during their confinement. Through this literature

review an exploration of the many unique challenges women face in maintaining

relationships with their children during and after confinement was presented (Brown&

Bloom, 2009; Celinska& Siegel, 2010).

Third, in this chapter I will focus on female offenders’ self-concept as well as

how these women are perceived by their children, family members, friends, and the

community. Fourth, an analysis of the literature specifically addressed women offenders'

issues of substance abuse, low-level nonviolent and economic crimes; along with mental

health concerns quite prevalent within the populations of justice-involved women will be

included. In later segments of this chapter, I will review women offenders who are

mothers, mothering from the inside, and the notion of retaining and regaining custody of

minor children.

Literature Search Strategy

I obtained the literature for this study by researching scholarly peer reviewed

journals in the field of criminal justice, psychology, crime and delinquency, and offender

rehabilitation. The process of gathering articles began during the fall of 2010 and

included the search for key words including female offenders, women prisoners,

incarcerated parents, prosocial networks, and gendered pathways through the Walden

University Library. In addition, I reviewed many books by social scientists that provided

an in-depth historical foundation on women offenders. Books were ordered 2012–2013

and included classic works obtained through Amazon and The Northeastern Series on

Gender, Crime, and Law. I also made updates to my literature review in 2016. Lastly,

statistical data were obtained from websites such as the Bureau of Justice Statistics and

the MDOC.

Theoretical Foundation

Contextually, gendered pathways provided a theoretical framework for this study

with respect to female offenders that come from some of the most challenging life

circumstances (Bloom et al., 2004; Daly 1992). Daly's (1992) pathways research

identified five areas: harmed and harming, or women who were found to have psychiatric

problems and were abused and neglected as children. Street women were defined as

women with substance abuse problems and extensive criminal records. Battered women

were defined as women abused by intimate partners who came to the attention of the

criminal justice system through incidents of domestic violence, while drug-connected

women were defined as women engaged in drug trafficking who later became drug

abusers. Other or economically-motivated women were defined as women who had

offending patterns similar to their male counterparts.

It has been noted that most women were engaged in the criminal justice system as

offenders of mostly nonviolent offenses (Salisbury &VanVoorhis, 2009). Physical,

mental, and sexual trauma during their formative years set the stage for substance abuse

along with mental health problems that many women offenders encounter (Daly, 1992).

As a result of the war on drugs, mandatory minimum sentencing, and repressive policies,

the number of women in prison has grown exponentially (Bloom et al. 2004). Often

women were custodial parents of minor children at the time of their arrest. Gendered

pathways stresses the consequence of repressive policies on the ability of women

offenders who also are mothers to obtain housing, welfare benefits, health care, and other

means of support to assist women in taking care of themselves and their families (Bloom

et al., 2004).

Women Offenders

A historical overview of women offenders in the criminal justice system indicated

that incarcerated women were ignored with scant programming to assist them with

mental and physical trauma experiences prior to and after engaging in criminal behavior

(VanVoorhis, 2012). Policies implemented over the past four decades were the result of

classic research by feminist scholars that brought attention to women in correctional

settings VanVoorhis (2012). Researchers have written about pathways of women and the

need for gender responsive programming (Brennan et al. 2012). Surveys produced

findings that assisted Congress to pass the Violence Against Women Act under the

auspices of the Department of Justice (VanVoorhis, 2012). Gender responsive

programming slowly evolved based on advocacy research, meta-analysis, and other

studies used to formulate policies on behalf of women (Holtfreter & Wattanaporn, 2013).

Classic scholarly discourse on female offenders by feminist social scientists,

including Adler (1975),evolved and underscored how women’s involvement in criminal

activity would increase and suggested female offenders’ presence in jails and prisons

would continue to increase as women gradually gained independence socially and

economically. Additional foundational research (e.g., Chesney-Lund,1997) offered a

similar view of women who engaged in criminal behavior and argued that criminal

behavior was primarily due to various forms of abuse in the home, which lends credence

to Adler’s research that primarily focused on the urban White and Black female offender

population. Accordingly, Chesney-Lund (1997) determined young female offenders in

Asian cultures of Hawaii were involved in more than status offenses, such as truancy,

curfew violations, or purchasing cigarettes, which underscored the need for culturally and

gender-specific policies to address rising crime rates.

Teenage female offenders typically sought camaraderie with older females

through drugs, alcohol, and gang activity which often were precursors to movement into

the adult judicial system (Eckelkamp, n.d.). Chesney-Lund (1997) provided statistical

data regarding the types of crimes teenage offenders engaged in, which included drug

sales and possession, prostitution, and theft as well as some violent offenses. Ultimately,

Chesney-Lund placed youthful female offenders on two tracks based on ethnicity.

Chesney-Lund noted that non-White girls were likely placed in juvenile facilities, while

their White female counterparts were placed in mental hospitals as a diversion away from

the criminal justice system. Various studies concerning girls transitioning into the adult

system offered a contextual basis for my literature review to further understand the lived

experiences of justice-involved women.

Michalsen and Flavin (2014) noted approximately 62% of women confined in

prison were custodial parents of minor children. Their study compared mothers with

children with women who are not mothers that are in the criminal justice system. In the

study, there were 262 women offenders who were not mothers versus 1,072 who were

mothers included in the study. The women who were not mothers tended to be White,

non-Hispanic females. Mental health issues were prevalent with non-mothers in the

study. Findings from their study suggested that non--mothers were predisposed to violent

offenses and had lengthy prior criminal convictions. Gendered pathways, the women’s

liberation movement, and changes in the perception of women with respect to crime,

contributed to public policies that were less harmful to women moving forward (Bloom

& Brown, 2009).

In the same instance, Bloom et al. (2004) argued that public policymakers were

“ill-informed” regarding women offenders, thus setting the stage for a systemic challenge

for women convicted of non-assaultive felony crimes (p. 31). Researchers revealed that

approximately 17% of women in the United States were on probation, parole, or

incarcerated (Bureau of Justice Statistics 2014). Furthermore, women of color from lower

social-economic conditions were overrepresented in this population Bureau of Justice

Assistance Training Assistance (2011). Accordingly, the largest increase in the prison

population was the result of the war on drugs, which increased prison confinement for

women by 71% (Bloom et al., 2004; McDonald-Wilson & Jeffries, 2011).

Researchers also recognized the correlation between substance abuse, physical

health, mental health, the marital status of these women, educational background and

employment history, and whether women were custodial parents prior to confinement as

determinants for justice-involved women (VanVoorhis, 2012). Moreover, current public

policy adversely affected women with children across every major institution established

to assist those in need (Bloom et al. 2004). Consequently, the Adoption and Safe Families

Act of 1997 created additional barriers for women in correctional facilities (Bloom et al.

2004) Depending on the sentence, parental rights can be automatically terminated if

children are in the foster care system for more than 16 out of 24 months (Bloom et al.

2004).

Following this, Bloom et al. (2004) offered meaningful recommendations to

address the inequities in the criminal justice system as it relates to women offenders. For

example, public policies that speaks to fundamental inequities through a gendered

pathways theoretical lens which responds to trauma, substance abuse, and mental health.

Moreover, Bloom, et al. asserted that six guiding principles should be put in place to

provide gender-responsiveness to female offenders:

1. Gender: Acknowledge that gender makes a difference.

2. Environment: Create an environment based on safety, respect, and dignity.

3. Relationships: Develop policies, practices and programs that are relational and

promote healthy connections to children, family, significant others, and the

community.

4. Services and supervision: Address the issues of substance abuse, trauma, and

mental health through comprehensive, integrated, culturally relevant services

and appropriate supervision.

5. Social-economic Status: Provide women with opportunities to improve their

socio-economic conditions.

6. Community: Establish a system of community supervision and reentry with

comprehensive, collaborative services (p. 43).

Bloom et al. (2004) concluded with ways to enhance the criminal justice system

by utilizing the aforementioned approach in formulating sound public policy.

Hence, Alfred and Chlup (2009) agreed that the United States is responsible for roughly

25% of the world’s prison population. The disparities by which women offenders of color

represented behind prison bars and under supervision on probation or parole were

considered based on prior research which suggested women offenders increased 2,800%

from 1970 – 2001,(Bureau of Justice Statistics as cited in Alfred & Chlup2009) stated,

Black women most adversely affected with 349 per 100,000; they are twice more

likely to be incarcerated than Hispanic females at 147 per 100,000 and 3.5 times

more likely to be incarcerated than their White female counterparts at 93 per

100,000 p. 241).

Researchers used critical race theory (CRT) as a theoretical lens which establishes three

bases: racism is a part of society; advances made by Blacks will advance the agenda of

the majority group and race is a social construction

Accordingly, the war on drugs, mandatory minimum sentencing and repressive

policies set the stage for the increased numbers of Black women in custody for non-

violent property offenses, or drug related crimes. In many cases, these women were

custodial parents before arrest and subsequent convictions. Women convicted of drug

crimes are at a particular disadvantage with respect to welfare, housing, employment, and

education, which places barriers limiting the life chances for women (Alfred &Chlup,

2009) in general and Black women offenders in particular. For instance, welfare imposes

sanctions which include a lifetime ban after 5 years of assistance that disproportionately

and adversely affect racial minorities. Alfred and Chlup (2009) concluded that needs of

women should be a priority; in particular, gender-responsiveness was needed to minimize

overrepresentation of Black women in the criminal justice system.

Comparatively, Salisbury and VanVoorhis (2009) questioned whether gender

responsive-needs correlate directly or indirectly with recidivism (p.546). These scholars

engaged 313 participants from the Missouri Department of Corrections through semi-

structured interviews to ascertain relevant data regarding the preponderance of evidence

that gendered pathways is closely aligned to women who enter the criminal justice

system, and why so many self-medicate and are likely to recidivate without appropriate

support. Salisbury and VanVoorhis (2009) concluded with recommendations to

incorporate gender-responsive needs risk assessment tools to assist in producing better

outcomes for female offenders.

Women and Criminal Socialization

Women in the U.S. criminal justice system have common experiences of physical,

sexual, and emotional trauma. For example, Winfree and DeJong (2015) discussed the

interaction with police and offending women in relation to the war on women. The

definition of war on women included the 2012 election cycle that dealt with legislation

regarding pay equity and limitation with respect to birth control. Further, quantitative

inquiry of gender-specific arrest records over a 20 year period from1993 to2012 revealed

that the arrest patterns of women surpassed male offenders. Offenses such as fraud were

56% female versus 48%, and embezzlement 64% female versus 21% male. Results

suggested women were less likely to commit violent crimes thus indicated arrest trends

were increasing compared to men.

Disparate treatment in sentencing was the focus of a study conducted by Goulette,

Woolredge, Frank, and Travis (2015) where 3,593 felony cases in 2009 were analyzed

using the "evil woman" and gender conflict that asserted some women were treated more

harshly by the criminal justice system for conducting themselves differently than

expected societal roles. In the study it was noted that Black females were treated more

severely than White female offenders due to cumulative societal advantages (Woolredge

et al., 2015). Offenses were violent, property, and drug related and compared pre-trial

release and sentencing outcomes. Woolredge et al. (2015) cited judicial chivalry and

judicial paternalism prevalent throughout the findings. Recommendations included

additional research that included marital status, employment, and residential stability as

components that may provide additional perspectives on disparate treatment of female

offenders.

Kruttschnitt (2016) examined the historical implications of justice-involved

women in contexts of exclusion, bias, and indifference. Issues related to victimization

and domestic assault against women come to light when the Family Violence and

Prevention Act was an amendment to the Victim of Crime Act became federal laws;

however, the subsequent counter-intuitive response for law and order negatively affected

poor and minority women (Kruttschnitt, 2016). Victimization of female offenders has

taken on a politicized posture, especially after various types of abuse inside prisons

created the need to address the issues through policy initiatives with recommendations

included use of gender-based solutions with recognition of on-going challenges related to

justice involved women (Kruttschnitt, 2016).

MDOC selected probation and parole officers' interpersonal styles with offenders

as a basis for inquiry Morash, Kashy, Smith, and Cobbina (2015). Of 330 offenders who

were under community supervision, 251 were on probation, 76 were on parole, and three

were on both probation and parole. Of the 66 probation officers (POs) that engaged in the

study, 63 were women and three were men. Findings suggested that negative interactions

with POs and women offenders increased the likelihood of anxiety levels of justice-

involved women. On the other hand, supportive, non-punitive interactions were useful in

fostering positive relationships and likelihood of cooperation with POs.

Recommendations included more gender-responsive training for individuals working

with women on probation and parole.

Scholars identified shared experiences in terms of pathways of criminality

specific to women. While Bloom et al. (2004) provided a theoretical framework for

female offenders and how public policy systematically created additional challenges for

women involved in the criminal justice system. For example, VanVoorhis (2010) noted

that significant differences exist related to gender as well as culture, race, and class.

Those differences were exacerbated through convictions and sentencing rates. Further,

poverty and substance abuse were deemed determining factors for most women in the

criminal justice system who engaged in non-assaultive property crimes. More

specifically, Bloom et al. (2004) discussed categories and common threads for female

offenders, which included substance abuse, physical and mental health concerns and,

single parent status.

Public policy in particular had an adverse effect on women with children in

placing restrictions on justice-involved women in reference to obtaining housing, public

assistance, education, and employment (Bloom et al. 2004; Goulette et al. 2015). Women

whose children were placed in foster care during a period of incapacitation were often

forced to relinquish permanent custody of their children due to time limits imposed by

law for the purpose of permanency planning. In order to address those and other concerns

regarding women in the criminal justice system, a comprehensive gender responsive

approach was recommended (Bloom et al. 2004; Goulette et al. 2015) assist justice-

involved women who are also mothers.

Following this, Delong and Cobbina (2009) presented the subject of recidivism

through the lens of ethnicity and culture specifically addressing women involved with the

criminal justice system. As an example, a longitudinal study that included 506 female

offenders who engaged in reentry during 1998 with a subsequent analysis performed in

2006. Findings suggested that there was no statistical difference in the average prison

stay, level of misconduct, and completion of prison programming prior to release

(Huebner, Delong, & Cobbina, 2009, p. 238). In this instance, women offenders were

demographically identified as 334 white offenders and 185 women of color. Further,

women of color were specifically identified as Black and Latina. According to Huebner

et al. (2009), an average of five instances of misconduct was noted during incapacitation.

On average, women offenders were released approximately 16 months after

confinement and were likely to re-offend within 2 years (Huebner et al. 2009). In

reference to barriers women of color face upon reentry to urban areas, findings attributed

barriers negatively affecting success rates primarily of justice-involved women due to

poverty prior to confinement, and upon reentry, to the same circumstance. Consequently,

the experience of incapacitation, coupled with programming essentially created for the

male prison population was found ineffective in preparing women offenders to engage

necessary processes to regain legal custody of their children. Hence, researchers noted

that approximately 58% of released offenders reoffend within a 6 month period, with one

third garnering new convictions, while the remaining one third were incapacitated

(Huebner, et al. 2009, p. 226) which is consistent with recent trends.

The socialization process for women criminal offenders often begins during the

formative and adolescent years. As an illustration, Eckelkamp (n.d) postulated when girls

elect to join a gang, factors that contributed to their decision stem from the lack of

familial structure in the home environment, poor self-esteem, and the need for protection.

Girls who became involved in gangs often gravitated toward groups that have a strong

male presence (Eckelkamp, n.d). More often than not, underlying factors for these girls

are related to prior sexual trauma they have experienced.

In another case, Garcia and Lane (2010) argued that personnel within the juvenile

justice system responds differently to female offenders, with high penalties exacted for

similar crimes committed by male offenders, especially as it related to minor property

offense. Scholars postulated that girls are deemed incorrigible for issues related to family

disputes and fights at school. Under such circumstances, female offenders who may be

the victim of mental, physical, and or sexual abuse are subject to a status offense

designation. In order to address this issue, Garcia and Lane (2010) noted that multiple

approaches were necessary for their research. Specifically in the state of Indiana, use of

data included statistics on female offending patterns that were obtained from the Office

of Juvenile Justice and Delinquency and Prevention assisted in facilitating a baseline of

offenses committed by this offender population.

Women and girls were interviewed separately and participated in focus groups in

order to ascertain important information from the adults who shared their experiences.

Many women in the adult criminal justice system were products of the juvenile justice

system. The goal in this exchange was to offer a perspective based on experiences in both

systems. Through the interviews, Garcia and Lane (2010) confirmed that often female

offenders remained in situations that were deemed inappropriate or dangerous while

awaiting interventions by the juvenile justice system. Options available to the juvenile

population were few. If they decided to stay in harmful situations, they were more likely

to be subject to additional abuse, and if they choose to leave, (i.e., becoming runaways,

they must fend for themselves). Some of girls engaged in prostitution or theft in ordered

to survive. Ultimately, youthful female offenders seek assistance with their survival

needs by consorting with men who provide food, clothing, and shelter--at a

price. Discussions relative to various forms of abuse during their formative years were

not directly approached; however, what emerged from the discourse spoke to the

pervasiveness of it.

Ultimately, youthful offenders indicated there were specific needs that should be

addressed in order to minimize repeat offending in the adult system. Ideally, gender-

specific caring role models, counseling, relative to grief and loss, drug treatment,

engaging parental figures in counseling and self-efficacy were recommendations

summarized by Garcia and Lane (2010). Focus groups were comprised of 34 women

from two correctional facilities located in Indiana. Women participants in the study

ranged in ages between 18 to 53 years old. Other demographics in terms of race,

education, number of offenses, and prior contact with the juvenile justice system were

obtained. The women were divided into four groups with various topics broached on

behaviors subject to scrutiny such as underage smoking and drinking.

In another case, Golder et al. (2014) observed women with substance abuse issues

and, (a) documented substance abuse patterns among women offenders on probation and

parole; (b) compared and contrasted different use patterns, victimization, and court

mandated substance abuse treatment; and (c) examined whether being under community

supervision made a difference. The participants were recruited by the Kentucky

Department of Corrections, Division of Parole and Probation. There were 406 women

participants who indicated they had experienced trauma, both mentally and physically.

Based on their experiences, illicit substances influenced their involvement with the

criminal justice system. Golder et al.(2014) noted that participants identified alcohol,

opiates, and cocaine as used most frequently by them.

Working with offenders and understanding the challenges faced by women

offenders were discussed through one probation officer's reflective journey (McDermott,

2014). As a result of the relationships developed with offenders in the United Kingdom,

issues of domestic abuse, single parenthood, economic disadvantage, and immigration

issues were the focus. A prosocial agency referred to as Jagonari provided a series of

services that included assistance with food, clothing, shelter, and support with their minor

children, while probation officers offered guidance, emotional support, and

empowerment to offending women. Findings suggested that expansion of those

supportive programs would provide positive outcomes for justice-involved women.

Estrada and Nilsson (2012) compared male and female offenders based on

demographics such as age and type of crime committed. Using data from Stockholm

Birth Cohort Study a longitudinal study for the period 1953-2002 centered on female

offenders coming from homes characterized by poverty, physical, mental, and sexual

trauma. Typically, the home also included family members living in the household with

mental health issues, which often manifested in neglect or physical violence.

Comparative studies indicated that female offenders experienced more challenges after

release from confinement. Many justice-involved women began criminal activity in their

early teens; however, by the time women reached the age of 48 and continued criminal

activity, they were described as single, with approximately 20% living with a partner

(Estrada & Nilsson, 2012). Researchers suggested women had a history of substance

abuse markedly higher than their male counterparts; thus, the combination of substance

abuse and criminality made it challenging to find a non-offender mate (Estrada &

Nilsson, 2012). Recommendations for future studies included examination of male and

female offenders' experiences as it relates to long term criminal behavior.

Wattanaporn and Holtfreter (2014) described the gendered pathways to criminal

involvement of justice-involved women by presenting historical feminist pathway

analysis offered by Daly (1994) who identified five pathways of engagement in crime

that differed from the mainstream notion that crimes committed by males and females are

gender neutral. More than half of the research completed by Daly (1994) focused on two

of the five categories cited. Street women and harmed and harming women were

identified as offenders with lengthy criminal convictions. Other models for discussion

came from scholars who sought to explore the pathways model and included other

models of childhood victimization, relational model, and social and human capital model

(Wattanaporn & Holtfreter, 2014, p. 195). Wattanaporn and Holtfreter (2014) established

a framework by which future work in criminal justice would be explored by women of

different ethnicities.

As an illustration, Erez and Berko (2010) found that, from a cultural context,

Arab/Palestinian women who were in abusive homes resorted to criminal acts to protect

themselves from continued abuse. Interviews conducted with Arab/Palestinian women

indicated they sought relationships with men described as "forbidden" who were, more

often than not, engaged in criminal activity. Meanwhile, Eckelkamp (n.d.) argued that

women who had a history of gang involvement as juveniles learned that many girls chose

to be beaten into gang membership as opposed to being sexed in. Being perceived as

weak by other gang members, particularly male counterparts, was not deemed in their

best interest. Any such perception was guaranteed to bring on more danger of abuse.

Extensive research on girl gangs in Syracuse, New York conducted in the 1990s

presented significant history of trauma that resulted in early motherhood or permanent

physical injury. As a recommendation, gender-responsive programs germane to the locale

were suggested (Eckelkamp, n.d.).

Women Incapacitation and Classification

Indeed, female offenders in the criminal justice system are not a new issue. As

early as the 1850s, young women were placed in reformatories with emphasis on

providing guidance or “mothering” with the hope of deterring them from further criminal

activity (Roth, 2011).When those measures failed, women were subject to placement in

mental health facilities or arrested as vagrants for petty offenses such as public

drunkenness, theft, or prostitution. Current trends suggest that criminal justice system has

vacillated between rehabilitation and punishment as the system explored ways in which

to address the behaviors of offending women. For example, according to the Bureau of

Justice Statistics (BJS, 2014):

• An estimated 17% of defendants were female in 2009.

• In 2009, the most frequent offenses for females were fraud (37%), forgery

(34%), larceny/theft (31%), and weapons offenses (4%).

• Females comprised 6.7% of the 2011 state and federal prison population.

• Eight states in 2011 had at least 10% state prison populations that were

female.

As an illustration, Bordt (2012) presented 22 prison narratives written by women

prisoners published between 1960 and 2010. Questions by the researcher included. What

does the population of prison narratives look like? Who are the authors? What do they

write about? What factors help explain the variation in content? What can scholars learn

about prisons from unsolicited words of women prisoners? What, if anything, do these

narratives reveal about the prison life that has not been learned from scholarly accounts?

In preparation for this study, Bordt (2012) read books by women offenders and

subsequently coded demographic information. To emphasize the point, Bordt(2012)

sought commonalities with respect to their prison experience as well as diverse

experiences of the authors. As a result, Bordt (2012) found a strong relational bond

existed with other prisoners beyond those who came from similar demographic

backgrounds. Bordt(2012) noted categories by which the women wrote and described

them as follows:

• Political Trailblazers – Celebrity Status – Political Crime

• The Fallen Angel – Celebrity Status – Nonpolitical Crime

• The Radical Foot Soldier – Non-celebrity Status – Political Crime

• The Innocent or the Reformed – Non-celebrity Status – Nonpolitical Crime

Regardless of status of the authors, the researcher noted a primary difficulty

offenders had maintaining contact with their children due to the distance involved. In

terms of the effect of losing contact with family and the outside world, many women

experienced emotional pain because of the separation. Children of incapacitated

offenders were viewed as a vital part of the support network for mothers. Social and

economic circumstances were determining factors in the perception of correctional staff

and how offenders responded to them. In other words, middle class or celebrity status of

inmates was taken into account in how women prisoners were treated. Notwithstanding,

political ideology would also determine how they were treated.

In conclusion, Bordt (2012) surmised that prisoner relationships have not

changed much within the last 50 years. Consequently, Holtfreter and Wattanaporn (2014)

wrote that successful reentry is contingent on a series of dynamics that should assist

women in areas such as mental health, substance abuse, past trauma, and financial

instability. Further, when children were added to the challenges with regard to a mother’s

stability, it was not surprising that female parolees were likely to recidivate within three

years of release. In response, Holtfreter and Wattanaporn (2014) argued that better

assessment was fundamental for improvement, specifically to address the female offender

population. Researchers noted the National Institute of Corrections (NIC) presented

Transition from Prison to the Community Initiative as a viable program to reduce

recidivism.

Approximately 15 states use this program which emphasized the need to address

classification, particularly of women offenders. According to prior research, women were

often over classified within the prison system. Once women have been classified, the next

phase is a Transitional Accountability Plan which enables offenders and parole officers

the additional means to develop goals and evaluate the effectiveness of said goals.

Research on the state of Michigan and Arkansas were found to illustrate very distinct

programs for women offenders.

In Canada, research conducted at a federal prison where 31 women offenders were

recruited to participate in a qualitative study which encouraged participants to respond to

semi-structured interviews and focus groups (Matheson, Brazil, Doherty, & Forrester,

2015). Post traumatic stress disorder (PTSD), anger, and depression were prominent

themes. Gender-responsive treatment used by participants recognized that gender matters

and offered holistic approaches that addressed trauma experienced by women offenders.

Treatment was also incorporated germane to culture and trauma specific programming.

Furthermore, Lynch, Heath, Mathews, and Cepeda (2012) contended that incarcerated

women would benefit from gendered programming such as Seeking Safety (SS) which is

a present focused cognitive behavior intervention that addresses both PTSD and

substance abuse within this population (p. 89). As an illustration, 114 women volunteered

to participate in a mixed methods study whereby half of the participants received the

cognitive intervention through SS and the remaining half were waitlisted. Researchers

noted that the majority of women offenders in the study were incarcerated for nonviolent

offenses. Criteria for inclusion in the 12 week intervention included females who had

experienced childhood or adult trauma and suffered from the effects, as well as women

who engaged in substance abuse as a form of self-medication. Results were mixed. Initial

findings supported the use of SS as an intervention strategy that reduced depression and

distress associated with trauma. It was determined that the results may have been

compromised upon discovery that some participants had shared material from workbooks

that were distributed while the women were in the intervention program.

In the meantime, Cone and DeHart (2014) focused on one aspect of offending

women's needs during and after incarceration and emphasized gendered bonding needs

and the higher level of support needed. The study included 60 participants from a random

sample of 300 inmates in a female correctional facility. A common theme in their

responses to opened-ended questions was the importance of emotional support during

confinement. Implications and recommendations formed the basis for support of gender

responsive reentry programming.

Brennan, Breitenbach, Dieterich, Salisbury, and VanVoorhis (2012) examined

the pathways research of Daly (1992) and Moffett (1993) in order to provide a cogent

response to the creation of assessment guidelines. The National Institute of Corrections as

an organization sought assessment tools to provide programming for female offenders

both inside and outside of correctional facilities. The framework for qualitative research

called for gender-responsive assessment instruments that acknowledged Daly's 1992

pathways model qualitative sample of 34 women. Pathways to criminal involvement were

women and girls fleeing abusive situations; drug users or traffickers; chronic criminality

based on childhood physical and sexual abuse; intimate partner violence; and those

motivated by poverty or greed. Moffett (1993) offered a developmental typology focused

on adolescent and life course constructs. The method of analysis included quantitative

profiles of 1,000 women offenders which included the introduction of Correctional

Offender Management Profiling for Alternative Sanctions as an assessment tool for

justice-involved women. Results from the research suggested that pathways from Daly's

1992 and Moffett's 1993 research had become a hybrid in terms due to what is described

as co-occurring offending dynamics. This research was instrumental in assessing women

offenders.

A descriptive study on intimate partner violence by Dichter (2013) sought to

understand women who were victimized by husbands, boyfriends, or partners arrested

along with the perpetrator of violence against them through dual arrests, in some cases, to

mitigate liability if the wrong person was arrested. A mixed methods study that involved

173 female participants used a social construct theoretical framework where participants

ranged in age from 19 to54 years. The arrest had consequences for women who were

denied services such as emergency shelter. Additionally, women with children were

susceptible to child welfare involvement. Data was analyzed through a quantitative

program. Semi-structured interviews focused on the shock of being arrested, the

subsequent loss of financial stability, and children being taken away.

Shdarirmah and Wiechelt (2012) examined Baltimore, Maryland's prostitution

diversion program which utilized You Are Never Alone established in 1997 to assist

women and girls who are victims of human trafficking and long term prostitution. The

perception of 17 participants ages 22 to 55 years, were recorded through interviews and

focus groups. Themes emerged that included the need to be treated like human beings,

remodeling the criminal justice system, provision of services and most importantly,

respect and dignity. Findings suggested additional programs for women who are seeking

alternatives and support to desist from prostitution and become established in society.

Research conducted in prisons located in Ohio and Kentucky examined the

misconduct patterns of male and female inmates (Steiner &Wooldredge, 2014). Of the 46

prisons between the two states, five of them housed women. The sample size included

6,997 from all facilities. Surveys were administered to 5,059 men and 570 women.

Several types of misconduct were listed in the survey which included, threatening,

causing physical harm, or attempting to cause physical harm to an inmate or staff (p.

440). Findings suggested that White women, more often than men Black or White,

served less time, were more educated, had fewer misconducts, and were more likely

unemployed prior to being confined (p. 442). It was further noted that women were more

likely to commit assaultive misconducts while male inmates were charged with drug

related misconducts. In contrast to gender-responsiveness, researchers found there was no

significant difference in the number of misconducts attributed to men and women. In

essence, refuting gendered pathways in their discussion on gender- responsiveness,

Steiner and Wooldredge (2014) noted that women in confinement were more engaged in

self-improvement which reduced incidents of misconducts. Male offenders, on the other

hand, were not prone to misconducts if engaged in structure activities including

recreation.

Moreover, McDaniels-Wilson and Jeffries (2011) asserted that women across race

and class were victimized sexually prior to confinement in prison in staggering numbers.

Through qualitative inquiry at three prisons that housed women in the state of Ohio

during the mid-1990s,the researchers found a significant issue related to sexual assaults

on women. Women subsequently developed mental health issues because of the trauma

they encountered. Utilizing pathways perspective and feminist theory, which speaks to

childhood trauma and gender-based violence respectively, approximately 885 women

were recruited for their study. Criteria for inclusion were that participants were at least 18

years of age. Two surveys measured intrusive and non-intrusive sexual assaults. There

were 10 women from each prison randomly selected to participate in two semi-structured

interviews. Findings suggested that over 70% of women in the study had been sexually

assaulted at one point in their lives. Many women offenders had been assaulted more than

once. With that, there was a high number of substance abuse reported among Black

female inmates (56.1%) compared to White female inmates (43.5%).

In 2010 a subsequent study was conducted with 760 participants. McDaniels-

Wilson and Jeffries (2011) noted similarities in their findings from the first study.

Researchers concluded that sexual assault transcends race and gender and recommended

public policymaker place the needs of women who suffer from sexual assaults on the

agenda with meaningful programming that provides support in addressing this issue.

The National Resource Center on Justice Involved Women (2011) offered evidence-

based strategies to work with female offenders incorporating gender-responsiveness to

increase positive outcomes. For example, the Level of Service Inventory-Revised and the

Service Planning Instruments for Women are tools utilized to develop measurements to

predict and reduce recidivism rates among women offenders. Moreover, corrections

personnel located inside institutional settings, in the field probation and parole officers

who received training women offenders are less likely to view justice-involved women as

difficult to work with (National Resource Center on Justice Involve Women, 2011, p. 8).

Pathway and feminist perspectives were incorporated discourse with regard to perception

of women as sex workers, drug addicts, as well as various other forms of trauma that

negatively affect women. Specifically, having children returned to this population

becomes a barrier, particularly when resources are limited and multiple systems placed

competing demands on women who are also mothers.

Comparatively, Rettinger and Andrews (2010) sought to capture predictive and

incremental variable recidivism of 411 women offenders from a large province in

Ontario, Canada. Factors that increased the likelihood of offending behavior among

women were poverty or economic factors instrumental in determining the types of

criminal activity women engaged in. Results from the analysis indicated that

“reconvictions rates were 45% and 13% for general and violence recidivism rates,

respectively” (Rettinger& Andrews 2010, p. 36). More than 80% of women in the study

were mothers; however, that did not determine whether those women would commit

additional crimes. Overall, the findings suggested that personal distressing situations

were precursors for criminal activity. Rettinger and Andrew (2010) recommended the

need for gender-responsive initiatives to support women offenders and reduce recidivism.

Similarly, Zurhold et al. (2011) noted that, although United States has reportedly

the highest prison population in the world, globally, countries are seeing an increase in

their prison populations as well (p. 50). European nations were identified with an

accelerated rate of prisoners including women offenders. Reoffending within this

population was attributed to the lack of preparation for reentry and chronic substance

abuse not addressed sufficiently during prison confinement. A qualitative study

conducted with 185 drug addicted female inmates from Spain, Scotland, Germany,

Australia, and Poland provided a baseline for the research in 2003-2004. Notably,

Zurhold et al.(2011) engaged in a follow-up study in 2005-2006 focused on prisoners'

drug dependencies. From that study, 150 women were identified for follow-up, noting the

primary focus was to present options to women, to reduce stress in their lives, and

provide alternatives to drug usage. Multiple tasks expected of newly released female

offenders were overwhelming and considered a causal factor for justice-involved women

who reconnected with substance abusing friends.

On the other hand, Becker, Andel, Boaz and Constantine (2011) contended that

serious mental illness (SMI) is prevalent among female offenders. The Department of

Justice provided a statistical breakdown that indicated 73% females of and 55% of males

in state prison and 75% of females and 63% of males in local jails have mental health

problems. With this in mind, Becker et al.(2011) examined SMI among men versus

women and with gender-specific reoffending patterns as the focus. The study began

in2003 to 2004 with a subsequent longitudinal study in 2002 to 2006 that reviewed arrest

patterns of individuals diagnosed with schizophrenia, schizoaffective disorder, psychotic

disorder, major depression, or bipolar mood disorder. The results indicated that 3,769

individuals were found to have met the criteria of SMI within the specified time frame.

Further, the study paradoxically revealed that women were arrested less frequently than

men and were less likely to be diagnosed with substance abuse problems compared to

men.

Belknap (2010) emphasized historical research of women offenders was lacking

in presenting childhood traumas as causal factors associated with many offenders'

background. In fact, the pathways perspective was not considered which identifies

mental, physical, and sexual trauma of many females housed in correctional facilities.

Prior research also overlooked the connection between race, gender, and social class

when assessment of women and criminality was conducted. Furthermore, when some

scholars (who were primarily men) proceeded to mention ethnicity of women offenders,

it was expressed through racially insensitive language (Belknap, 2010, p. 1062).

Moreover, Belknap (2010) examined a series of articles written over a 30 year period that

examined offending behavior and prison life with an emphasis on living conditions

during confinement. Female scholars, on the other hand, offered recommendations in

terms of advocacy.

Meanwhile, Derkzen, Booth, Taylor, and McConnell (2013) agreed that women

offenders under supervision have a higher prevalence of mental health issues than the

general population. Canada has seen an increase in Aboriginal women compared to Non-

Aboriginal women in prison, on probation, and those released on parole that experienced

mental health and substance abuse related problems. Through quantitative inquiry,

Derkzen et al. (2013) utilized a computerized diagnostic program to capture relevant data

from offenders confined to six federal prisons. Several women had multiple disorders

with PTSD being a primary disorder. There were 278 participants that confirmed trauma

permeated their lives. The findings were useful in assisting the Correctional Services of

Canada with recommendations for policies to address mental health issues in and outside

the institutional settings.

As an illustration, Burgess-Proctor, Huebner, and Durso (2016) offered a

gendered perspective noting that, during male offenders' confinements, families

experienced financial hardship and loss of protection, whereas during female

confinement, family instability, the loss of familiar ties, and custodial rights were major

challenges for offending women. A quantitative analysis of 15,587 young adults ages 24-

34 years, of which 8,925 were females and 7,292 were males found the self-reporting of

criminal involvement with significant trauma and victimization histories was considered

a gateway for criminal activity. Family and community controls were also factors

outlined in the study. Findings suggested a strong correlation between justice-involved

mothers and the influence of arrest patterns of adult offspring.

Similarly, Huebner and Gustafson (2007) asserted that there is a correlation

between mothers in jail and adult children criminality. Using strain perspective and social

stigma control theories, Huebner and Gustafson (2007) found data for 1,258 mothers and

1,697 children obtained through the National Longitudinal Survey of Youth in 1979 Data

collected provided a substantive representation of Black, Latino, and White mothers and

their children. Evidence revealed that most women were involved in low level property

and drug crimes which suggest that community based sanctions should be considered in

most cases. Findings also suggested adult children of incarcerated parents were likely to

engage in criminal behavior, compared to parents not confined in a correctional facility.

In another case, VanVoorhis et al. (2010) utilized the theoretical framework of

correctional theory and responsiveness and questioned whether needs or risk factors

should be screened based on gender. After researchers reviewed six to eight studies

relative to gender responsive scales and six to eight prison assessments garnered on both

male and female offenders, findings suggested needs analysis be reviewed of females

who factored out as high risk and were in need of additional resources instead of

punishment.

Women Offenders Mothering from the Inside

Offending women who also are mothers must cope with their confinement in

addition to the effect of separation from their children. For instance, Mason (2013)

conducted a case study centered on a 20 year old first time, nonviolent, White female

offender who learned she was two months pregnant while confined and awaiting

sentencing in two counties, where prison was the anticipated outcome. A strengths-based

and advocacy approach was used during their interaction in jail. The offender learned that

she had custodial rights after the birth of her child up to 18 months behind bars New

York State Corrections Law 611 (NYSCL, 2009). The offender experienced bias in

treatment that included being denied entrance to a prison that housed mothers and

children because her baby was detoxing from methadone. Advocacy for allowing the

mother to breastfeed the baby was stymied and resulted with having her father and step-

mother gain physical custody while she served prison time. Findings and

recommendations included enhancing relationships with pro-social networks and

providing options for the mothers who are incarcerated.

As an illustration, Tuerk and Booker (2006) examined relationships between

incarcerated mothers and their children utilizing a survey method involving 357 female

offenders. Attachment theory was used as posited by Bowlby (1988, as cited by Tuerk&

Booker, 2006) whereby “an adult figure (usually a mother) in a child’s life provides

protection, comfort, and support to a child…” (p. 27). Understandably, when this figure is

no longer present, children experience a range of emotions including anger, depression,

and abandonment.

Consequently, incarcerated mothers experienced feelings of shame, guilt, and

depression. Tuerk and Booker (2006) focused on stress related to parenting children

under the age of 21 during confinement. Through the Parenting Stress Index for

Incarcerated Women, Tuerk and Loper(2012) ascertained relevant data suggesting that

women who were custodial parents prior to incarceration, and maintained contact with

their children during confinement, were found to have reduced levels of stress during

their confinement.

Female inmates who engaged in phone contact, letter writing, and visits were in a

much better position to assume responsibility of their children upon release. Analysis of

data supported the notion that less stress would be associated with incarcerated female

offenders who maintained contact with their children. In fact, research results placed

emphasis on letter writing as the primary method of regular contact with children. This

form of communication was determined to be less stressful compared to actual visits in

correctional institutions or phone calls which can be traumatic for both parent and child.

Furthermore, Carlson (2001) observed that children of incarcerated mothers were

less likely to trust or form meaningful relationships. Children placed in foster care, after

separation from their mother, found it difficult to bond with a new family. Often, care of

children falls on family members, especially grandparents, although many were unable to

provide for those children due to financial limitations. Since 1976, Nebraska established

an overnight visitation program with inmates and children.

With the increase in the number of pregnant women entering correctional

facilities, an innovative approach was initiated. In order to address this issue, Nebraska

implemented a program for incarcerated women giving them the opportunity to nurture

their children while participating in a “prison nursery.” Initially funded through the

National Institute of Corrections in 1993, services included space for the nursery,

supplies, and appropriate staff. In 1994, 44 inmates participated in the Mother Offspring

Development Program through the Nebraska Correctional Center for Women.

The demographics of the state in 1990 revealed that Nebraska had a 93.8 %

White and a 3.6 % Black population that was reflective of the population in the women’s

correctional facility (Carlson, 2001). A survey conducted with the 44 women offenders

revealed women appreciated having their children with them and classes offered to assist

them in being better parents. The offenders wanted more room, personal time, and

wanted to be able to smoke cigarettes. The program was viewed as a new beginning

garnering media attention based on reports from the warden on the conduct of women

with children in the facility.

Here, Celinska and Siegel (2010) contended that mothers with impending cases

that led to separation from their children experienced a significant amount of self-blame.

Generally, women were custodial parents so their removal from the family presented

immediate consequences for the children. In addition, separation was felt among women

prisoners and was noted to be the most difficult aspect of their incapacitation (Celinska&

Siegel, 2010). Research conducted with 74 woman participants from 2002 to 2004

included women with at least one child between the ages of eight and 18 years. Opened-

ended questions were presented to these mothers in order to gain an understanding of

their experiences.

Components of the study centered on women going through the court proceedings

as well as those ultimately confined. In both instances, Celinska and Siegel (2010)

confirmed that the role of motherhood was a central theme, along with their ability to

parent prior to and during confinement. Coping strategies employed by female offenders

were determined by where they were in the criminal justice system. Mothering from the

inside presented the most challenge with coping defined as problem focused or emotion.

These researchers recommended that public policy address the issue of mothering from

the inside through gender-responsive programming to increase self-efficacy.

Moreover, the female prison populations in England and Wales showed the

prevalence of mental illness according to Gregorie et al. (2010) who enlisted 112

participants who were incarcerated mothers housed in seven prisons that had children

under the ages of 18 months. Approximately 90% of the children were born prior to the

mothers' prison confinements. Consequently, a large percentage of children were cared

for by their fathers or other immediate family members. The percentage of children lost

to the foster care system, on the other hand, was very low at approximately 3%. The

research revealed that most mental health issues within the prison population were

“unrecognized and untreated” (Gregorie, et al. 2010, p.388). Depression was noted to be

the most prevalent mental health concern. Additionally, substance abuse, personality

disorders, and other mental health issues would likely affect the care of children as many

women who returned would have become custodial parents upon release from prison.

In the same instance, Loper and Tuerk (2010) confirmed that inmate mothers

experience stress related sadness due to separation from their children and concern for

their general welfare. Mothering from prison limits offenders’ ability to effectively make

decisions regarding “legal and educational” environments their children must adjust to. In

order to increase better communication with children of incarcerated mothers, prison

parenting intervention programs were utilized. Thus, Loper and Tuerk (2010) sought to

establish the effectiveness of a prison program entitled Parenting from inside: Making the

Mother-Child Connection. As an illustration, Loper and Tuerk (2010) conducted and

analyzed data on a waitlist control group of 46 female offenders and 60 who received

intervention relative to reducing parental stress. Ultimately, there were 90 offenders who

successfully completed the interventions and were found to have increased confidence in

communication with their children. Findings indicated significant gains working with

responsible individuals who provided care of children in the absence of custodial parents.

Similarly, Greene, Haney, and Hurtado (2000) agreed that children suffered

significantly when their mothers were incarcerated. For some, the influence was felt

through depression, anger, and feelings of abandonment. Greene et al.(2000) sought

participation of 102 mothers in three California jails to discuss the offenders' background

along with criminogenic factors that affected family dynamics. Through a structure

interview of approximately one hour, the interviewer spent time focused on mental,

physical, and sexual childhood trauma of participants.

A secondary item of inquiry was based on economic instability and its impact on

mothers and children. Findings suggested women suffered trauma and economic

marginalization that placed them at a higher risk of engaging in criminal behavior and

substance abuse. Moreover, Greene et al. (2000) emphasized the need for programs

specifically designed for mothers and their children to break the cycle of criminality.

Further, Cox (2009) contended that children living in foster care were not likely to visit

with their mothers in prison because they were deemed bad parents. Children of

incapacitated mothers often displayed signs of depression, aggression, and defiance (Cox,

2009).

Women and Reentry: Regaining /Retaining Custody

Female offenders presented an optimistic view of how they would lead their lives

upon release from prison (Cobbina& Bender, 2012). Twenty-six women participated in

in-depth interviews to understand optimism expressed by women offenders who also are

mothers and how their mindset translated successes or biases for justice-involved women.

Cobbina and Bender (2012) found that, when men participated in reentry, they generally

returned to some level of support and family structure. Paradoxically, women did not fare

as well and were met with challenges such as securing suitable housing and return of

their children.

Scholars on women and recidivism noted that 58% of women involved with

reentry reoffend within the first 3 years of release. In addition, one third of justice-

involved women were convicted, and approximately 30% were returned to prison. The

optimism expressed by women waiting to be released from prison and what they

expected to accomplish upon their return to society was captured during in-depth

interviews. Questions pertaining to reentry progress were ascertained through inquiry on

how women were able to utilize pro-networks to obtain essentials like food, clothing, and

shelter. Children and family provided the most important factors to stay motivated with

regard to individuals and systems that supported the desire of women to remain in the

community.

In a qualitative study utilizing social control as a theoretical perspective, Steiner,

Makarios, and Travis (2015) interviewed 1,984 female offenders and noted that women

recidivate within the first year of release without social networks or ties that encourage

conforming behaviors. Findings included rearrest of justice-involved women who were

without stable living situations, especially upon release from structured living

environments such as correctional half-way houses. Mothers of infant children expressed

considerable concern for their babies and wanted to be there to witness milestones

achieved during the first twelve months. Formally incarcerated women (FIW), according

to Heidermann, Cederbaum, and Martinez (2016), experienced multiple barriers upon

release from California Department of Corrections. In-depth semi-structured interviews

provided responses to how justice-involved women defined success, and described

barriers and ways to mitigate barriers which included "economic marginalization,

disenfranchisement, stigmatization, social exclusion, and on-going surveillance"

(Heidermann et al. 2016, p.26). Thirty women participants were recruited. Themes

identified as having a place of their own, being in a position to assist other family

members, living free from the criminal justice system, persevering and living a "normal

life."

Leverentz (2011) reported that race, class, and culture were important factors in

relationship to reentry for African American females. By engaging 43 women from a

halfway house in Chicago, interviews took place over a 16 month period. Care giving

roles were significant, particularly with regard to family relationships and were magnified

within the context of reentry. Furthermore, Leverentz (2011) explored theoretical

influences of social bonds and social controls (p. 239). Noting relationships and

supportive families were crucial, Leverentz (2011) found within African American

communities relational concerns were the primary focus. Maintaining relationship with

children, one cannot overlook the important role the mother’s family played with respect

to placement of children which, in most cases, was within the maternal family.

The intersection of race and gender as it relates to justice-involved women, Gross

(2015) pointed out the effect of mass incarceration on African American women was

significant and noted that the incarceration rates tripled during the 1980s and 1990s.

However, the racialized exclusionary practices precluded equal protection under the law

which placed African American women in a place of vulnerability. Gross (2015)

provided an historical overview of the racialized laws that allowed intimate partner

violence to place Marrisa Alexander in prison for firing a warning shot in the air while

George Zimmerman was acquitted for murdering an unarmed teen in 2013. After serving

three years of an initial twenty-three year sentence, Alexander was released from a

Florida prison on November 28, 2013. She was the victim of domestic violence by her

abusive husband. Efforts to apply the Stand Your Ground law retroactively to

Alexander's case were thwarted and upon her release to her mother, Alexander was

placed on probation for two years with house arrest as a condition. Gross (2015) asserted

that laws against domestic violence were not equally enforced leaving African American

women to fend for themselves or face retribution from an intimate partner and the

criminal justice system.

Moreover, Messina, Grella, and Cartier (2010) confirmed that women parolees

benefited from gender-responsive programming. Of the 115 participants recruited,

approximately 95% of the offenders met the criteria for alcohol and drug dependency.

Furthermore, 79% experienced a history of depression. The prevalence of physical and

sexual abuse was 71% and 55% respectively. When measuring the outcomes, Messina et

al. (2010) reviewed programs available to women inmates prior to release and found

recidivism rates were reduced by 67% when placed on parole and given an opportunity to

participate in aftercare programming that targeted their specific needs.

Additionally, Reisig, Holtfreter, and Morash (2002) examined network

relationships of 402 female offenders located in two cities in Minnesota and Oregon. By

definition, Reisig et al. (2002) defined network relationships as relationships that foster

women’s ability to engage social capital (people) available to assist them in proactive life

endeavors. The research design included semi-structured interviews. Reisig et al. (2002)

used five dependent variables: network size, emotional support, social support,

instrumental support, and overall support. The independent variables were social

demographic characteristics. Results indicated the need for gendered responsive

programming to assist women in broadening their social networking abilities.

Hunter and Greer (2011) observed that women offenders needed additional

support prior to release from prison to enable them to be successful during reentry. The

pressures were multifaceted in terms of minimizing recidivism. To alleviate stress,

female parolees gender-responsive programming focused on substance abuse and issues

related to working with various “systems” to ensure basics needs were met. As an

example, Hunter and Greer (2011) interviewed 41 women who anticipated release from

prison within the last quarter of 2008. Most women were incarcerated for non-assaultive

crimes and over half were convicted of drug offenses. One quarter of offenders engaged

in property offenses and the remaining ten percent had served time for manslaughter or

assaultive behavior. Themes emerged centered around women offenders’ under

developed sense of self. Recommendations suggested public policy should make

provisions to increase prosocial opportunities.

Reentry programming offered through the Kentucky Department of Corrections

honed in on the intensive care model. Through quantitative inquiry, 108 women newly

released from prison were found to have been imprisoned due to low-level drug offenses

or crimes committed to obtain money for drugs (McDonald &Arlinghaus, 2014). ICM

women offenders were provided with gender-specific assistance, counseling, education,

and job training. Results suggested the need for more programs like the Reentry Project.

In the meantime, Heidermann, Cederbaum, and Martinez (2016) examined the

role that formerly incarcerated women (FIW) played on generative relationships which

created shared latest experiences with newly released female offenders through reentry

programming. Recidivism occurred most often when pro-social networks were not

operational (Hunter & Green, 2011). Justice-involved women were faced with multiple

stressors and found comfort from women who overcame similar experiences and desisted

from their former lifestyle. Heidermann et al. (2016) recruited 40 FIW and used

structured interviews and quantitative data collection that were addressed through

triangulation. The first 30 women participated in the quantitative data collection while the

remaining 10 participants completed both structured interviews and quantitative data

collection.

A category outlined in the study which was of particular interest to me was the

aspect of mothering. Findings revealed mothering children after confinement was a

compelling reason for FIW to desist from resuming illicit substance use and criminal

involvement. Self-esteem and social support were significant to those identified as

wounded healer in finding a space to give back or paying it forward.

Next, Fortune and Arai (2014) examined the inclusionary and exclusionary

practices of communities when justice-involved women were released from federal

correctional facilities. A shared responsibility to foster outcomes that were women-

centered and empowering was an additional focus. Framing the discussion of social

inclusion, which referred to (FIWs), was acknowledged as an integral part of the

community through prosocial engagement (Fortune & Arai, 2014).

In contrast, the notion of exclusion suggested that punishment goes beyond the

exacting of punishment for crimes but lingers, exacerbating marginalization (Fortune &

Arai, 2014). The study engaged nine women newly released from federal prison and used

photo voice as a research tool. Arai and Fortune (2014), "took pictures of people, places

and things that contributed to feelings of either like they belonged or did not belong"

(p.86) the nine participants included two Black females and seven White females with

histories of criminal activity along with alcohol and illicit drug addiction. Their release

dates from federal prison at the time of the study were two months to two-and-a-half

years. Themes generated were being pushed out of the community as a result of limited

availability of resources and pro-social networks. Being pulled into community

engagement occurred through measures of group and organizations willing to support

FIWs involved in reentry while negotiating issues of responsibility pertaining to social

inclusion. Participants were mid-20s to early 50s. Many discussed the need for places that

were free from judgment and noted that crimes committed by offending women “begin

with a shared responsibility” (Fortune & Arai, 2014, p. 101). Social change in this

instance suggests that conditions of poverty and disenfranchisement should be recognized

by society by engaging FIWs and accepting responsibility and societal maintenance of

disparities (Fortune & Arai, 2014). Recommendations determined that Canada should

provide space free of condemnation that allows FIWs an opportunity to be included in

every aspect of society so that all can benefit.

According to Bui and Morash (2010), network relationships were beneficial to

female offenders as newly released parolees. Often, immediate family members and

friends provided financial and emotional assistance with childcare, and generally offered

support to assist women in reshaping their lives. The assumption, in this instance, is that

network relationships were conducive to the wellbeing of offenders. In most cases, those

relationships were meaningful. In order to capture the importance of such relationships,

Bui and Morash (2010) enlisted 20 participants of 38 initially recruited for participation.

Interviews conducted revolved around women who presented significant events that lead

to criminal behavior and the catalysts that subsequently lead women to make changes in

their life circumstances. My research was closely aligned with Bui and Morash (2010).

Noting the segment specifically that addressed the role of parole officers as a part of the

network relationships; this research confirmed the need to explore the role of women

offenders who also are mothers and the use of pro-social networks. Examining the

nuances of woman offenders who engaged network relationships, it was important to

seek to understand outcomes that could limit contact with the criminal justice system.

As an example, McGrath (2012) insisted that Reentry Courts should be expanded

throughout the U.S. citing the benefits of such specialty courts. Prior research suggested

that 75% of women offenders are mothers and likely the custodial parent prior to prison

confinement. As illustrated, "A Reentry Court is a system that uses incentives and

sanctions with judicial oversight to effectively address the complex challenges of

offender reintegration," (McGrath, 2012, p. 114). This program addresses issues related

to parenting by fostering better decision making to minimize the permanent loss of

children by justice-involved mothers. By supporting positive social networks, Reentry

Courts are viewed as an alternative to the traditional role of parole officers whose

changing role is based on increased caseload size.

Attention needed to assist mothers to remain drug and alcohol free while

enabling women to attain through a coordinated approach includes (a) assessment and

planning, (b) active oversight, (c) management of supportive services, (d) accountability

to the community, (e) graduated and parsimonious sanctions, and (f) rewards for success

(McGrath, 2012, p. 118). It was estimated there were approximately100 Reentry Courts

within the United States, where more than half were on the federal level and the

remaining were on the state level. Consistency with predetermined sanctions and

rewarding good behavior with an actual ceremony was a significant feature of specialty

court. With accountability built into the program, it was proven to be cost effective in a

study conducted in Indiana by reducing recidivism rates by 30% (McGrath, 2012). As

mothers across the country reenter society, Reentry Court was viewed as a genuine

alternative to traditional parole.

As an illustration, Scroggins and Malley (2010) captured the dilemma women

involved with reentry faced. Content analysis was employed to review 10 gender based

reentry programs in New York, Los Angeles, Chicago, Dallas, Philadelphia, Houston,

Miami-Ft Lauderdale, Washington DC, Atlanta, and Boston. These cities were chosen

based on data collected from the US census with high crime rates and women who made

up a tenth of those under community supervision (Scroggins &Malley, 2010, p. 152).

How effective are gender-based programs? Research revealed many women dealt with

the wreckage of their past and, in most cases, returned to society with the added stigma of

convicted felon. Previous research underscored the problems women experienced during

confinement. For example, prisons were at least 160 miles away from where families of

women live, thus making visits infrequent or nonexistent. Without regular visits, many

women returned to their families unprepared for reentry.

While confined, many offenders had serious mental and physical health issues

that were minimally addressed, if at all. Upon release, women with children faced an

uphill battle to demonstrate the wherewithal to become the custodial parent given barriers

faced to gain housing and financial support (Scroggins & Malley, 2010). Results

suggested that the programs reviewed failed to adequately provide for women in need of

multiple services, particularly child-care and transportation. Recommendations for public

policymakers were to take those inadequacies seriously which had an effect on recidivism

reduction.

In contrast, Severson, Bruns, Veeh, and Lee (2011) observed through one state's

(New York) prisoner reentry program the use of multi-year evaluation. The contextual

framework for inquiry was to determine plausible reasons why offenders return to prison.

The study addressed variables such as positive urinalysis, age of offender, and type of

criminal behavior. Results suggested that female offenders who participated in reentry

were returned to prison more frequently than non-participants in reentry and were

typically the result of technical rule violations.

Meanwhile, Spjeldnes and Goodkind (2009) examined literature on reentry

programs since funding was made available through the Second Chance Act of 2007.

Research provided a literature review of relevant studies on male and female offenders

with children. In keeping with prior studies, it was determined that male offenders were

involved in the criminal justice system due to assaultive crime, whereas female offenders

were involved due to non-assaultive property crime or drug related based on gendered

pathways of mental, physical, or sexual trauma. Spjeldnes and Goodkind (2009) noted

that reentry efforts were stymied by public policy which excluded justice-involved

women from basic provisions that allowed offenders to participate in society. Funding

through the Second Chance Act of 2007, which provide resources along with technical

assistance to exoffenders, needs to be expanded to adjust for more offenders returning to

communities with limited resources.

An all-important phase for women offenders returning home is reestablishing

their relationship with their children, yet this is not a seamless undertaking. Moreover,

Brown and Bloom (2009) described women offenders and the process of reentry as a

“gendered phenomenon” (p. 314) particularly as it related to women with children.

Returning offending women must come to terms with how they will address multiple

challenges dealing with their freedom and expectations in order to maintain said freedom.

Multiple barriers exist for women offenders, including shame and guilt associated with a

less than glowing reputation. Despite those issues, female offenders are expected to re-

establish relationships with their children. In many instances, women must rely on public

assistance for initial support. Then, they are expected to adhere to rules of child welfare

agencies to have children returned within a given timeframe. To illustrate, Brown and

Bloom (2009) examined the parenting experiences of 203 women in Hawaii on parole.

Interviews were conducted with 25 women that provided background on participants

prior to confinement. More than half had not completed high school and were unable to

maintain stable residence for their families. Further, the interviews revealed that several

children witnessed the arrest of their parents. Brown and Bloom (2009) found some

mothers who engaged their children as participants in criminal activity. Women offenders

who participated in reentry found it necessary to regain parental authority as a part of the

reunification process. Researchers, Brown and Bloom (2009) noted that, “Mother

remains a loving figure, but her stature as a moral leader in the home has been

irrevocably discredited in very public ways” (p. 326). Hence, offending women

experienced many challenges to overcome that public policy can address through

preparation for life on the outside after incapacitation.

In contrast, Phillips, Gleeson, and Waites-Garrett (2009) argued “that parental

substance abuse has pervasive consequences for children’s family life” (p. 123).

Researchers illustrated how programming for families with substance abusing parents

minimize parental involvement with the criminal justice system. Moreover, noncustodial

parents, as in the case of those incarcerated and exposed to treatment, gained skills

necessary that addressed their addiction, and assisted them as they became more

dependable once released from prison and or treatment. Philips et al. (2009) suggested

public policy should embrace practices that increase treatment for non-violent offenders

as a cost effective approach to reduce recidivism.

According to Tuerk and Loper (2006), imprisoned female offenders who were

custodial parents prior to incarceration maintained a level of communication with their

children which reduced stress levels during confinement. Researchers' analyzed data

gathered on 357 inmates and utilized the Parenting Stress Index for Incarcerated Women

Prior research found that minorities were over-represented in the prison system. Coupled

with fewer resources and limited contact with caregivers responsible for their children, it

was likely that parental authority of inmates diminished. The number of contacts between

mother and children were measured along with types of contact which included letter

writing, phone calls, and visits. Results suggested frequent contacts with their children

were an indicator of successful reunification efforts once women are released on parole.

Summary and Conclusions

The literature identified several themes related to female offenders increased

presence in the criminal justice system as a result of the war on drugs, mandatory

minimum sentencing, and repressive public policies (Bloom et al. 2004; VanVoorhis et

al. 2010). In most cases, justice-involved women were convicted of non-assaultive,

property offenses and drug possession. Women were often over classified in the

institutional setting based on classification instruments designed for men (Salisbury

&VanVoorhis, 2009; Rettinger& Andrews, 2010; VanVoorhis et al. 2010). Women

offenders were likely to have mental health and physical problems based upon gendered

pathways theory which focused on mental, physical, and sexual victimization

experienced by women (Daly, 1994).

Approximately 75% of justice-involved women were custodial parents of minor

children at the time of arrest, subsequent conviction, and incapacitation. Although there

were numerous studies on female offenders, this research contributed to the field of

public policy and criminal justice in relation to women offenders who also are mothers

and provided a "voice" for a marginalized segment of society in the United States. In

addition, the literature review provided foundational descriptions of women offenders,

their socialization into criminal activity, incapacitation, and attempts at mothering while

confined, and when released to the community.

Both qualitative and quantitative methods were utilized by scholars throughout

the literature review. While the literature examined classic and historic studies it was the

intent to understand the lived experiences of mothers who presented a determination to

resume custodial parenthood. The goal of this research was to fill the gap in the literature

with regard to understanding the process of regaining or retaining custody of children as

experienced by women offenders and how prosocial networks were viewed by justice-

involved women who are also mothers.

Several studies examined various aspects of women offenders, and how many of

them became involved with criminal behavior as juveniles through adulthood. Attention

was also given to specific aspects of women offenders who attempted to mother from

behind bars. The literature review presented by scholars in the field included primary and

secondary sources, interviews with offenders, official court records that disclosed

offenses, preliminary physical and mental health records, as well as demographics as it

related to age, race, and number of minor children.

In Chapter 3, a detailed description of the method utilized to complete the

qualitative research and answer research questions was presented. Questions were viewed

through the perspectives of women who experienced various forms of trauma and

victimization which lead to criminal activities which resulted in incarceration, and were

ultimately released through community based programs. Their collective journey offered

important strategies mothers engaged in during and after incapacitation. The literature

addressed the use of pro-social networks and efforts mothers used during and after

incapacitation.

Chapter 3: Research Method

Introduction

The purpose of this qualitative phenomenological study was to document the

experiences of justice-involved women who also are mothers in regaining or retaining

custody of their minor children during a period of incapacitation. Using a gendered

pathways theoretical perspective and mothers as a method of inquiry, I focused on the

role that prosocial networks played in nonviolent women offenders' lives as mothers and

the extent to which prosocial networks were important in regaining and retaining custody

of their minor children. The MDOC may find the results of this study useful for designing

cost-effective strategies that mitigate incapacitation for nonviolent women offenders who

also are mothers by minimizing disruption of families. In this chapter, I will provide a

methodological overview of the study and the research design, assumptions, role of

researcher, methodology, participant selection, data collection process, data analysis,

bracketing, coding, trustworthiness, ethical procedure, agreement to gain access through

informed consent, description of ethical treatment of human participants, and ethical

concerns related to recruitment and the treatment of data.

Research Design and Rationale

I considered four research designs for this qualitative study including

ethnography, case study, grounded theory, and phenomenology. Ethnographic studies are

conducted over long periods of time and involve the researcher as a direct participant or

as a participant observer in the activities of the group studied (Patton, 2009). Because my

population was incapacitated and access was granted to them only on a limited basis,

ethnography was eliminated as a suitable design. I did not choose the case study design,

although ideal in gaining the most in-depth stories (Stake, 1995) of women offenders who

are also mothers because time and access also made this type of study prohibitive.

Grounded theory is emergent in nature as the data drives the theory rather than the theory

driving the data (Lincoln & Guba, 1985). The established theory of gendered pathways

framed this study; therefore, grounded theory was eliminated as possible design.

Phenomenological studies, as described by Lester (1999), seek to "illuminate the specific,

to identify phenomena through how [one or more phenomena] are perceived by the actors

in a situation” (p. 1).

My focus in this study was on the experiences of women offenders who also are

mothers sought to use limited time and access in the form of interviews to gather personal

stories about regaining or retaining custody of their minor children while incapacitated.

The phenomenon of prosocial networks and the role that prosocial networks played in

their lives as incapacitated mothers was the core of my study. Starks and Trinidad (2007)

noted that phenomenology allows the researcher to collect a thematic description or the

essence of lived experiences by those who experienced the phenomena. Themes provide

descriptive data that, in this study, may assist corrections officials and other key

stakeholders in understanding those experiences, and hence, I chose a phenomenological

study design.

Within the research design of phenomenology, I used a gendered pathways lens to

address the phenomenon of prosocial networks. Justice-involved women who also are

mothers of minor children experience many challenges during and after a period of

incapacitation. The RQs were designed to provide a basis by which to understand the

lived experiences of these women. How they deal with external support systems as seen

through their eyes. It is my intent to provide information that will effectuate positive

social changes for an otherwise marginalized group of women.

Role of Researcher

I sought justice-involved mothers who were or had been under supervision and

their stories of regaining or retaining custody of their minor children while incapacitated.

As a parole/probation officer serving women, for many years I had seen breakdowns of

families due to separation and the custody struggles that justice-involved mothers face.

As more women enter the criminal justice system and most of those women being

mothers of minor children, the entire society bears the burden and responsibility for how

families can or do stay intact when incapacitation interrupts and changes forever how

they function as families. My interest in justice-involved mothers and their stories

stemmed from a belief that the more first-person narratives available in the literature and

available to policymakers, the greater the positive impact the criminal justice system can

have in the lives of women and children. My role as researcher involved meeting with

women offenders who also are mothers, in a face-to-face setting and collecting their

stories through structured interviews.

Since 1987, my professional experience includes working with adult offenders

supervised in the community. One of my duties is the preparation of presentence reports,

which requires interviewing techniques to obtain information that includes social

histories. Relying on those skills were useful for me as a researcher for this study. A vital

aspect of the role of researcher is to understand and interpret meanings (Janesick, 2011),

and describe what these women ascribe to the process of encounters with various

prosocial networks. In this study, the accuracy demanded of report writing combined with

my adaptive skills of listening for meaning rather than interrogating for official purposes

allowed me to take a more fluid and comprehensive approach to document their stories.

Janesick (2011) emphasized the importance of questions themselves, how those

questions were asked, and how good questions encourage meaningful responses. My role

was to explore how justice-involved mothers experience separation, limited

communication, restored relationships, and the ultimate return of parental custody. I

looked for themes, common nuances, and phrases that captured the essence of the

participants’ stories and those processes. In crafting questions, listening attentively, and

recording accurately, I also was aware of power differentials and how required disclosure

of my position as a parole/probation officer could be affecting participants. Although

there were no conflicts of interest by location or previous knowledge of any participants

or their histories, I needed to remain cognizant of these research factors at all times

throughout the study. It was important for me to engage in continuous self-reflectivity by

self-checking through journaling, debriefing with other professionals in the field, and

reviewing notes to minimize bias. Participants were given the opportunity to review their

responses for accuracy, and each received a $25 Speedway gift card upon completion of

the interview.

Methodology

Participant Selection

Upon approval from Walden University IRB (#10-02-15-0258020) and MDOC, I

sought participants from three Michigan sites with which I had no prior contact or current

affiliation. I sought MDOC approval to ensure compliance with established protocol

regarding participants actively supervised on probation or parole, otherwise identified as

a protected class. I contacted partner directors in each program via e-mail, explained my

study, outlined criteria, and asked for participation.

Two of three sites responded positively. One program was federally funded and

the other was funded by a Roman Catholic diocese of Michigan. Each director confirmed

that their supervised residential program housed justice-involved women who met the

criteria of the study and who were available for recruitment. Selection criteria included

female offenders with children ages infant to 17 years old. My sampling strategy for this

study, therefore, was convenience sampling based on a concentration of potential

participants who met the criteria and who were located in community-based supervised

residential program facilities.

I scheduled a face-to-face meeting with each director. In their respective

meetings, both directors received 10 flyers each to be distributed in confidential

envelopes to justice-involved mothers in their programs whom they determined met the

criteria for inclusion in the study. The directors were also provided with their own copy

of the recruitment flyer and asked to refrain from discussing the contents of the flyer with

residents or staff. Although the directors served as gatekeepers in the selection process–

an unavoidable situation consistent with procedures for protected class offenders—I used

confidential envelopes as an added means of ensuring confidentiality as research protocol

and lawful procedures would allow.

I selected a total of 10 justice-involved mothers as participants. The federally-

funded program generated six participants, and the diocese-funded program generated

four participants. The 10 participants were justice-involved women, 21 to 45 years of age,

who were mothers of children aged from infancy to 17 years old. The sample size of 10

participants was consistent with Nastasi's (2004) approach, which allowed for

understanding experiences based on sample size, saturation, or repetitive statements. The

directors of each program contacted me affirming volunteers and their availability, and I

scheduled face-to-face interview dates and times with participants.

Data Collection Process

I conducted a total of three scheduled visits, 1 hour each, that took place in the

federally-funded program and two scheduled visits, 1 hour each that took place in the

diocese-funded program. On each scheduled meeting date, in each respective program, a

private room was secured inside the facility to ensure confidentiality. At each meeting, I

arrived early to set up my laptop and recording devices and to place chairs so that we

would be comfortably facing each other. In my meetings with each participant, I

introduced myself; explained the nature and purpose of the study; explained further that

responses would be recorded, transcribed, transported, and stored by me to ensure

anonymity; and went over the consent form with the participant.

Each participant was advised that she could discontinue participation at any point

and that a certified therapist was on site and available through a hotline if at any time the

interview process became uncomfortable. I then asked if there were any questions or if

clarification was needed, and the participants signed the consent form. The demographic

questionnaire was presented and filled-out by hand by the participants. I explained the

recording devices and the interviews began. Participants answered 10 structured open-

ended questions presented in sequence (see Appendix D).

I used a digital audio-only recorder concurrently with Naturally Speaking,

computer software that captured responses and displayed text-to-screen responses in real

time. As the interview questions were presented and answered, I was cognizant of

participants' stories of separation, regaining and retaining custody, prosocial networks as

well as their non-verbal cues and my part in the interview and research process. Patton

(2002) postulated that, "the quality of the information obtained during an interview is

largely dependent on the interviewer" (p.341). I used this approach to elicit responses in a

nonconfrontational manner. At the completion of each interview, after the recording

devices were stopped, each participant was thanked and received a $25 gift card.

Interview questions were the main instrument I used for data collection. An

interview protocol sheet, based on what Janesick (2011) provided as a guideline, was

used for each participant interview. I reflexively made notes shortly after the end of each

interview. Responses and key phrases were later transcribed and color coded. The data

collected offered nuances and themes of participants' overall experiences in addressing

and answering the RQs.

Data Analysis Process

Transcripts were generated from the digital recordings for all 10 participants.

These data were reviewed several times and transcribed verbatim in order to answer the

following three RQs:

RQ 1: What are the social implications for women offenders who also are mothers

and experience separation from their minor children as a result of incapacitation?

RQ 2: What are some strategies that women offenders use in regaining or

retaining custody of their minor children?

RQ3: How do women offenders who also are mothers use prosocial networks

during incapacitation for determining interaction with their minor children?

I developed the RQs to determine the strategies that women offenders used in

regaining or retaining legal and physical custody of their minor children by engaging the

use of prosocial networks. The two components of the research design–gendered

pathways with mothering as a method of inquiry and prosocial networks–guided the 10

structured open-ended interview questions. Responses to the interview questions

generated the following categories: role conflict and confusion, panic and uncertainty

about present conditions for children, coping strategies, clarity and panic and uncertainty

about the future wellbeing of children, Child Protective Service (CPS) involvement.

Categories were further reduced to three emergent themes: identity as a mother, loss of

control as a mother, and wake-up call/moment of clarity as a mother.

I used color and coding for identifying responses with categories and themes.

Color and coding composed the codebook for analysis. Pink coded statements identified

with the theme, identity as a mother. Blue coded statements identified with the theme,

loss of control as a mother. Yellow coded statements identified with the theme, wake-up

call/moment of clarity as a mother. Participants were assigned pseudonyms for reporting

purposes. I organized demographic information drawn from the self-reporting

demographic sheet and relevant to the study into a table and this information appears as

Table 1. Member checking was self-evident as participants viewed their own responses

displayed on the recording screen during the interviews; all participants declined

additional need for checking.

Bracketing

During this qualitative phenomenological study, I used bracketing to remain

aware of my personal biases regarding women offenders who also are mothers.

According to Simon (2011), bracketing is a required process within phenomenological

studies that assists the researcher in maintaining distance from the phenomenon and the

participants. As a result of years employed as a parole/probation officer with the MDOC,

the opportunities to work with women offenders who also are mothers of minor children

remain prevalent. By engaging in reflexivity as described by Creswell (2007) and

Janesick (2011)I became aware that, at the core of my biases, was the belief that women

offenders created their own problems by engaging in drug abuse, criminal behavior, and

abdication of responsibilities as mothers. Acknowledging those assumptions through

journaling was essential in being able to look at the phenomenon of mothering through

participants' experiences rather than my own. Before the interview process began, I

identified my position on making choices, personal responsibility and, ultimately, on how

socialization supports and reinforces demonizing justice-involved women who are also

mothers and blame the victim. Dialogue with colleagues and feedback from co-workers

and other criminal justice professionals assisted me in the bracketing process of

identifying and setting aside preconceptions.

Following each interview, I summarized my experience in the form of journal

entries. Aware of my position and biases, I was able to engage participants from a

perspective that allowed their autonomies as independent agents of their own

experiences. One of my greatest challenges was refraining from offering solace, counsel,

or direction to participants as women and as mothers which is "my normal" way of

interacting with this population. These writings enabled me to remain focused on both

verbal responses and nonverbal gestures made by women in the study thus minimizing

prejudgment. Journaling became a necessary tool for maintaining objectivity because

many of the participants had backgrounds similar to women whom I routinely

encountered in my daily case management and supervision duties.

Coding

In this qualitative phenomenological study, the coding method used was thematic

and inductive. The frequency of words and phrases were identified from the verbatim

transcript. A master color coded list first established categories of repetitive or key

phrases. Categories then reduced to emergent themes which were interpreted through the

lenses of gendered pathways and prosocial networks. Miles and Huberman (1994) argued

that "a chronic problem of qualitative research is that it is done chiefly with words, not

numbers. Words are fatter than numbers, and usually have multiple meanings," (p.54).

By developing categories, one sets the stage for the development of themes.

A coding form (see Appendix D) was developed and used for the purpose of

synthesizing key phrases from the transcripts. Five categories were produced:

1. Role conflict and confusion

2. Panic and uncertainty about present condition for children

3. Coping strategies

4. Panic and uncertainty about future well-being of children, and

5. Child Protective Service (CPS) involvement

Once completed, the coded data was categorized and further reduced to three emergent

themes: (a) loss of control as a mother, (b) image as a mother, and (c) wake-up

call/moment of clarity as a mother.

Intra-Rater Reliability

Intra-rater reliability was established through review of transcripts initially coded

then coded again on a different day. The coding forms yield little variance concerning

how the forms were color coded by me. This method of coding a second time on another

day confirmed inter-rater reliability with regard to this study.

Credibility and Trustworthiness

Credibility and trustworthiness of the data were established by using Naturally

Speaking, a software program that provided written text of the interviews as they

occurred in real-time. Participants had access to full view of their recorded responses as

those responses were created. Participants also were given an opportunity to preview the

manuscript upon completion; however, as some of the participants were in a state of

transition, member checking was presented in the form of providing my contact

information if they were interested in reviewing the final draft. All participants orally

declined the need to review the final manuscript and no participants contacted me after

their interviews were completed.

Transferability

Strategies for selection of participants included primary demographic criteria to

ensure a representation of all appropriate females with children as required for

participation in the study. Selected women were given an opportunity to provide

additional thick description of their experiences regarding the process of separation and

utilizing prosocial networks to regain or retain custody of their minor children. Interview

questions were asked in the same sequence to increase responses given by each

participant.

Dependability

This research was designed to increase and primarily establish dependability

during the course of this study by objective presentation of data, maintaining and

providing an audit trail within the context and tradition of qualitative methods, and

demonstrated through explanation of procedures used in this process. By following

protocols as outlined, the ability to duplicate this study was also established.

Confirmability

Providing a cogent reflexive approach to this study would require that one present

the meaning of the participants' experiences as seen "through their eyes." Participants

were provided with an opportunity to review transcripts for accuracy in describing their

experiences. This process could have been achieved through member checking; however,

the transient nature of the facilities housing justice-involved women presented challenges

in that area.

Ethical Procedure

Participants for this study were justice-involved women who also were mothers

who were housed in one of two Michigan supervised residential programs selected for

this study. As a requirement for studies involving human subjects, Walden University

Institutional Review Board also required certification from the National Institute of

Health (NIH). Confidentiality was addressed and viewed as important. Protocols to

ensure confidentiality were used by assigning letter numbers and pseudonym to

participants (as an example R1-Ashia). Informed consent procedures were put in place to

assist participants in understanding their role in the study and their ability to discontinue

at any time.

Another ethical consideration, according to Janesick (2011), was enlisting peer

reviewers to provide a different perspective and critique of my work. Ideally, this process

ensured that such items as field notes are referred to adequately minimize bias. Patton

(2002) provided an ethical issue checklist, which covers important points related to

explaining the purpose of the study to participants, and making sure that one honors any

promises and reciprocity. Another area addressed was to assess risks so that major areas

of moral, political, psychological, and legal ramifications were reviewed. Patton (2002)

suggested that one consider the storing and access to data, along with ownership and

disposal of such material. Lastly, data collection has its boundaries, which may also

include legal constraints that one must adhere to.

Agreement to Gain Access through Informed Consent

Walden University requires that the Independent Review Board have on record a

copy of my certificate of completion dealing with protecting human research subjects. In

addition, a letter to participants stating the nature of the study including the voluntary

component along with the minimal risk was presented. The informed consent was

discussed with participants and each woman was advised that they could discontinue at

anytime during the course of the interview.

Descriptions of Ethical Treatment of Human Participants

The specific vulnerabilities of women offenders who also are mothers were

addressed throughout the literature with regard to separation, struggles to regain custody,

available support networks throughout the process, and what it means to redesign

lifestyles that will allow them to be successful mothers following release. As basic

vulnerability levels, trust is a primary issue. The literature addresses the difficulty of

building self-trust while simultaneously managing within the criminal justice system that

routinely separates mothers from their children at one point which causes distrust.

The criminal justice system then sustains and monitors behavioral mandates with

which justice-involved mothers must comply in regaining or retaining custody of their

minor child or children even after completing the conditions of their sentences. On a

personal level, my first goal was to convey a sincere regard for each participant as a

human being whose narrative and responses to interview questions mattered beyond

merely a research study. Second, I wanted to meet the established goals and guidelines of

ethical standards with human subjects in the most cognitively and emotionally

trustworthy ways possible. I deeply appreciated wounded women who were agreeing to

participate in my study, despite disclosure of my position as a parole/probation officer,

and where the only tangible incentive was a $25 gift card.

Aware of body language, voice, physical presentation, and demeanor, I greeted

each participant, and invited rather than instructed her to become as comfortable as

possible in the meeting space provided. Recording equipment was already set up as a

nonverbal indicator of respect for the individual's time. The recruitment flyer was

reviewed with the option to ask questions, the intent to not cause harm was stated, and the

conditions of the consent form were reviewed before signing. Participants received

instructions about the recording equipment, the microphone and computer screen were

positioned so as to not distract, each of the 10 open-ended structured interview questions

were asked, follow-up checking was offered, and contact information was given. Each

participant was thanked and handed her gift card.

Ethical Concerns Related to Recruitment and Data Collection

As a researcher, I was viewed as an outsider, independent of my position as a

parole/probation officer. The MDOC procedure required the director of each program to

grant permission to interview, to review the recruitment flyer and consent form, and to

determine who in their respective program met the study's criteria for inclusion. Those

who met the criteria became the pool of participants. To that end, and due to legal

constraints of accountability governing incapacitation, the two directors were aware of

who participated in the study but were not involved beyond the point of access and

arranging meeting space for the interviews. As a parole/probation officer, I was viewed

as an agent of the State interacting with current incapacitated offenders with protected

class status and, therefore, subject to duties to report witnessing or suspecting behaviors

that ran counter to supervised residential program and MDOC directives. Additionally,

via IRB mandates, disclosure and conditions in writing were integral to participants'

informed consent. Disclosure and conditions specific to the unique situation of interacting

with incapacitated persons also included assurance that participation was voluntary, and

that agreeing to participate would not affect offender status either positively or

negatively. To the best of my knowledge, all parties involved met all conditions as

stipulated.

The recruitment flyer and informed consent letter shown to both program

directors were presented individually to each volunteer participant on the day of the

interview. The recruitment flyer included the nature of the study, the time requirement of

participants, what data would be collected, and the strategy used to collect these data. The

informed consent letter referenced IRB standards related to recruitment including

voluntariness and right to terminate at any point, disclosure of my MDOC position and

duties concurrent with me as the researcher, confidentiality, and agreement.

Data collection took place throughout individual face-to-face structured

interviews which lasted approximately one hour each. An audio-only recording device

and laptop software with onscreen real-time voice-to-text capability each served as

reciprocal confirming support. Recalled observations and researcher reflections were

logged immediately following each interview but away from the site. Digital recordings

ensured accuracy and later eliminated ambiguity or guessing in transcript data analysis

and discussion. All participants orally acknowledged being satisfied with the process and

declined interest in or need for further contact to confirm or deny the accuracy of their

responses or to challenge the data.

Treatment of Data

All notes, drafts, audio-only, and the onscreen digitally recorded interviews were

transferred from the audio-only recording device and the laptop hard drive to a new

unused jump drive and the hard drive petition was wiped clean. The transcript printout,

consent forms, and hardcopy notes and drafts were placed into a single binder. The jump

drive and binder were stored in a metal file with a locking device, located in my

residence, where I am the only source of access. The data will remain with me for a

period of 5 years after which time all data will be destroyed.

Personal Ethical Issue

This study met stringent requirements and approval by the IRB of Walden

University. Although my career status is a parole/probation officer with the MDOC,

personal ethical issues were minimal. Incapacitated women in the study were from a city

and county different from where I work and live, were unknown to me prior to contact

for the interviews, and none of the community partners involved in arranging access were

known to me. As a result, no conflict of interest or concerns existed with participants,

MDOC officials, or community partners. Possible personal bias based on experience was

addressed and kept in check through bracketing.

Summary

In Chapter 3, I introduced the method by which recruitment, selection, and

engagement of participants in the study occurred as established by Walden University

and IRB standards. Gendered pathways consisting of trauma-related history unique to

women's experiences were the theoretical lens by which qualitative inquiry was explored

(Bloom et al. 2004; Salisbury &VanVoorhis, 2009; Wright et al., 2010). RQs sought to

understand the experiences of justice-involved women who also are mothers, as seen

through their eyes, as well as the influence that prosocial networks have on justice-

involved women in of regaining or retaining custody of their minor children. After

examining several research approaches, I determined that structured open-ended question

interviews with approximately 10 participants would provide rich, descriptive data to

draw from.

Precautions were taken to do no harm to participants, and informed consent

established and clarified my role as researcher and parole/probation officer. The role of

researcher was not in conflict as the intent was to seek justice-involved women regaining

or retaining custody of their minor children during a period of incapacitation. A

convenience sampling was utilized at two supervised residential programs that house

justice-involved. Incentives for participation were $25gift cards. Issues related to

credibility and trust worthiness was addressed through bracketing, journaling, and the

used of an audit trail. To minimize bias, a reflexive approach was incorporated.

Confidentiality was addressed from an ethical standpoint with adherence to Walden

University and IRB and for the National Institute of Health certification. Finally, storage

and disposal of data within a 5 year timeframe as stipulated by Walden University and

IRB was addressed. In Chapter 4, I reviewed the results of the study, including the

setting, the data collection process, and the subsequent emergent themes that evolved and

the use of prosocial networks by participants in the study.

Chapter 4: Results

Introduction

The purpose of this qualitative phenomenological study was to document the

experiences of justice-involved women who also are mothers in retaining or regaining

custody of their minor children during a period of incapacitation. Using a gendered

pathways theoretical perspective and mothers as a method of inquiry, my focus in this

study was on the role prosocial networks played in nonviolent women offenders' lives as

mothers and the extent to which prosocial networks were important in regaining or

retaining custody of their minor children was explored. This chapter includes a brief

summary of the setting where data were collected, demographic information on

participants, data collection process, a description of the data analysis process, results

from raw data, and the resulting themes. I will conclude Chapter 4 with the evidence of

quality and a summary of the chapter.

Settings

In this study of incapacitated women who are mothers, I drew participants from

two Michigan community-based supervised residential programs, external to jails or

prison, where incapacitated women are allowed to have their children on site. One

program was federally funded and generated six participants, and the other program was

funded by a Roman Catholic diocese and generated four participants. Respective onsite

face-to-face structured interviews took place during December 2015.

Demographics

I sought women participants who were mothers of children aged from infancy to

17 years old. Demographic data I collected also included self-reported name (I assigned a

pseudonym after collecting this data), age, color/ethnicity, number and ages of minor

children, criminal history (Y/N), substance abuse (Y/N), and length of time away from

children relative to current incapacitation (see Appendix D). Due to restrictions and

protocol regarding protected class status, no information from court records or formal

documents were used. Additional information shown on Table 4 emerged within

narratives and was voluntarily disclosed by participants as they responded to interview

questions about separation, mothering, and their social networks.

Table 1

Demographic Profile of Women Offenders Who Also Are Mothers

PARTICIPANT

IDENTITY AGE COLOR/ETHNICITY

MINOR CHILDREN

JUSTICE-

INVOLVEMENT

# of

DAYS CUSTODY

R1-Ashia 30 African-American 4 months, 4, 8, 10,

Economically

Motivated 60

biological

father /

on-site

R2-Rebecca 36 White 6 mo, 2 Substance

Abuse 7

maternal

grandmother/

on-site

R3-Celia 22 Biracial

Black/Latina

10 months, 3, 4, 5,

Substance

Abuse 120

biological

father & both

families/

on-site

R4-Sherry 30 African-American 2 months, 7 Substance

Abuse 180

maternal

grandmother/

maternal aunt/

infant on-site

R5-Trina 43 African-American 4 Substance

Abuse 270

CPS/

maternal

cousin/

phone visits

R6-Lakesha 41 African-American 13

Substance

Abuse

90 on-site

R7-Morgan 23 White 4 Substance

Abuse 24

CPS/

maternal

grandmother/

CPS/

on-site

R8-Tonya 22 White 15 months Substance

Abuse 180

CPS/

maternal

great-

grandparents/

visitation/

appeal for on-site

R9-Lori 27 White 3 months, 3, 5, 7 Substance

Abuse 160

CPS/

maternal

grandmother/

visitation

R10-Breanna 26 White 2 Substance

Abuse 320

CPS/

maternal

grandmother/

visitation

Note. “Participant Identity” is the alpha-numeric pseudonym assigned to each participant and is not the individual’s real name. “Minor

Children” shows the number of minor children by age (in years except where indicated as months old) who are immediate custody

concerns of participants. “Justice-Involvement” is the area of criminality for which the participant is currently incapacitated. “# of

Days” is the number of days of incapacitation, rounded up to the nearest tenth, at the time of the interview. “Custody” shows the

chronological progression of minor child custody from point of separation to placement at the time of the interview.

Participant ages ranged from 22 to 43 years where seven of the 10 participants

were age 30 or younger. This was consistent with the literature and official reports

showing that the majority of incapacitated women who also are mothers are age 30 and

under (Greene et al. 2000). Color/ethnicity distributed across three self-reported

identifications: Caucasian = 5, African American = 4, Biracial African American/Latina

= 1. Five women were mothers of one or more minor children who were within their

custody concerns, and five were mothers of only one minor child. Two women also were

mothers of one or more adult children for whom custody was no longer a concern. Six

women were mothers of infants ranging in age from 2 to 15 months, two women were

mothers of teens ages 13 and 14.

Nine women currently were incapacitated for substance abuse, and one woman

was incapacitated for conviction on economic motivation charges. All participants were

incapacitated in supervised residential programs external to formal jail or prison

environments. At the time of the interviews, incapacitation ranged from 7 to 320 days

with no program completion or release anticipated within the next 90 days. Six mothers

had their minor children with them on-site, and four mothers’ minor children were in the

care of maternal relatives under the auspices of CPS. Five situations of initial arrest and

resulting incapacitation involved CPS prior to placement of minor children and five did

not. Table 4 shows the progression of custody from the time of initial separation to the

status current with the date of the interview.

Data Collection Process

The directors of both programs received 10 flyers in confidential envelopes for

distribution from me. I conducted the face-to-face interviews with participants between

December 3, 2015 and December 15, 2015 at both sites. Data collection for this research

consisted of 10 women participants who met the criteria for inclusion. Participants

completed demographic questionnaires followed by separate interviews which were

recorded and transcribed verbatim using a digital recording device and the Naturally

Speaking software program that recorded voice-to-text in real-time. Immediately after

each interview, I made reflexive notations.

Description of the Data Analysis Process

I drew my data analysis process from phenomenological methods outlined by

Moustakas (1994) who suggested that a researcher should understand the meaning of an

experience through the lens of those who experience the phenomenon. Further,

Moustakas referred to Colaizzi’s (1978) provided steps for analyzing this type of data:

reviewing the transcript, identifying significant statements, formulating meaning to

significant statements, and placing themes in clusters or thematic maps. Using

Moustakas' detailed methodology descriptions and Colaizzi's explicit strategies, I

extracted and organized datasets , isolated meaningful statements, placed statements into

categories, reorganized statements again as categories, and reduced those categories into

emergent themes. As I described in greater detail in Chapter 3, data were transcribed

verbatim, transcripts were reviewed several times, and color coding facilitated identifying

themes as they emerged. As a result, participant statements were deconstructed several

times on many levels to ensure accuracy of meaning and interpretation.

Research Questions Reponses and Emergent Themes

I designed the three RQs guiding this study and 10 structured open-ended

interview questions (see Appendix D) to elicit women's stories about themselves as

mothers relative to separation due to incapacitation, regaining and retaining custody, and

the role that prosocial networks played in the process. Participants’ responses to the

interview questions produced five categories: role conflict and confusion, panic and

uncertainty about present conditions for children, coping strategies, clarity and panic and

uncertainty about the future wellbeing of children, and CPS involvement. Within those

five categories, three basic themes emerged: (a) loss of control as mother, (b) image as a

mother, and (c) moment of clarity/wake-up call.

In the following subsections, I will present data that responds to and answers each

RQ through participants’ responses to interview questions that emerged as common

themes. Themes that emerged are identified here to demonstrate their relevance but will

be discussed at length in Chapter 5.

RQ1: What are the social implications for women offenders who also are mothers

and experience separation from their minor children as a result of incapacitation?

Social implications for justice-involved women can be subtle or significant

(Brown & Bloom, 2009); nevertheless, the implications are far reaching. Many women

have to address immediate needs of their children in terms of their safety and well-being.

Interview Questions 1, 2, 3, and 7 provided data to answer the first RQ. The first three

interview questions were with regard to the participant's arrest and whereabouts of their

children during the process of separation of participants and children. Interview Question

7 addressed barriers preventing regaining or retaining custody of minor children. The

participants’ common concerns were the effects that separation would have on their

children and on responsible family members (if available) who would provide care for

minor children within uncertain timeframes. This concern emerged as a theme identified

as loss of control as mother. R1-Ashia stated the following:

I felt like I had no control and it was devastating to be away from your children

even for a day. I never got to speak with them while I was in jail. I never seen

them the whole 60 days I was gone. While I was incarcerated I would sit and rock

and think, you know, like where are they? What are they doing? Even though

they're with their father...are they eating things they like?

Three participants indicated that their children were with them when they were

arrested. Other participants expressed embarrassment and failure as a parent indicating

they were by themselves when the arrest occurred. R10-Breanna revealed the following:

My first pregnancy I was in jail and I had nothing. I felt like I needed a change. I

felt like I was failing already [Note Participant began crying]. Whatever I could

do to pretty much help us survive, but when CPS got involved, I went to treatment

and stayed clean 3 1/2 months and my daughter stayed with my aunt the first

couple of months.

RQ2: What are some of the strategies that women offenders who also are mothers

use in regaining or retaining custody of their minor children?

In order to answer RQ2, I used data collected from Interview Questions 4, 7, and

9 that asked when participants received jail time if the minor children were aware, what

barriers were in place to prevent resuming parental authority of their children, and what

recommendations they would make to policymakers regarding justice-involved mothers

with minor children. The theme that emerged from the responses to these interview

questions was moments of clarity as a mother. For example, R9-Lori stated:

I wish my daughter was never in the guardianship with my mother and I would've

liked my relationship to have gone differently, and not turn into a toxic situation

to where I'm charged with child neglect because her dad put his hands on me in

from of her and she could have gotten hurt.

Although many participants were concerned and angry over CPS involvement,

overall, participants indicated that CPS was more helpful than hurtful in their specific

cases. For example, half of the participants are allowed to have their children with them

in their respective programs as a result of support given by CPS. When initial separation

occurred, participants' minor children, in many instances, were too young to understand

what had taken place during this separation.R3-Celia, however, indicated that her older

daughter knew she was in jail and was angry with her. This participant indicated that the

other children were eventually told by their father and his mother. As mentioned in prior

research, letter writing, calls, and visits were effective in communicating with children

during periods of separation from minor children. Of the three methods of

communications used, letter writing was deemed the least stressful for both mother and

child (Brown & Bloom, 2009).

RQ3: How do women offenders who also are mothers use prosocial networks during

incapacitation for determining interaction with their minor children?

Participants indicated that their mothers were responsible for helping them by

caring for their children during their absence as well as keeping them connected to their

children. R1-Ashia and R3-Celia also credited their children's father, his family, and

extended family members in achieving a level of continuity in the caring of their minor

children. The majority of participants agreed that the programs they were involved in

provided counselors and support people, including other program residents whom that

they considered part of their prosocial networks. Although deemed helpful in some

instances, overall, participants did not consider CPS as being a prosocial network.

In order to answer the last research question, interview questions 6, 8, and 10

asked participants to identify what helped in maintaining contact with their minor

children, if there were challenges with reuniting with children, and what prosocial

networks are in place and how their prosocial networks assisted them.. These questions

elicited responses that developed into the last theme identity as a mother. R9-Lori stated

her feelings about being a mother this way:

“I love my children very much, not just emotionally, I am here for them

emotionally, physically, and financially, and although I am not a perfect person, I

have good intentions and I can made safe decisions for my children.”

Trustworthiness of Study

As outlined in detail in Chapter 3, trustworthiness of the research study was

solidified through the initial process of identifying and confirming sites for the study.

Hence, I put forth considerable effort to secure two sites to increase the likelihood of

finding participants who would meet the criteria for inclusion. Trustworthiness was

achieved through immersion in the setting. An authentic representation of data collected

ensures that fairness and impartiality was achieved (Patton, 2011).

I engaged gatekeepers of both sites to ensure appropriate participant selection. I

ensured credibility by advising participants that they would have the opportunity to

review transcripts, which they declined to do as they had the opportunity to view their

own responses in real-time via a program that recorded voice-to-text which eliminated

the need for member-checking; however, this method of recording ensured credibility of

responses made by participants. Participants expressed hope that what they said would

make a difference. Transferability was established through the demographic

questionnaire.

Participant sample size of 10 women was not large enough to represent the broad

justice-involved population, in the state. However, the demographic questionnaire

provided and equal number of self-identified Black, White, and Bi-Racial women to

reflect a segment of the population in Michigan. It should not be construed however, that

this study can be generalized. Confirmability was established with each participant by

offering them the opportunity to review their respective transcripts in its entirety, which

they declined. My contact information was provided just if they changed their minds.

Dependability was established through data collection process and an established audit

trail. Each participant received a copy of the consent form.

Lincoln and Guba (1985) asserted that to effectively evaluate the rigor of a study

one must ensure that credibility, transferability, dependability, and confirmability have

been established through objective presentation of data collected and maintaining an

audit trail. Lastly, I used bracketing as a method to separate any bias I might have in

relationship to data collection, specifically in relationship to participants' perceptions of

the events surrounding their arrests, subsequent separation from their children, and efforts

in reunification.

Results

RQs were based on how justice-involved women come to terms with their

experiences of being the custodial parent of one or more minor children and separation

that occurs as a result of an arrest. Many issues arise for women as they begin the process

of dealing with multiple systems including criminal justice, protective services and in

some instances, foster care. Previous research studies have emphasized early childhood

trauma with similar emergent themes on justice-involved women (Cobbina & Bender,

2012). My goal was to provide an understanding of the experiences of women who have

experienced the additional trauma by the loss of their minor children, and to present their

perspectives on the effects as well as what stands as possible barriers for them with

respect to regaining or retaining custody of their minor children during this process.

Contextually, direct quotes were used as derived from the actual interview of participants.

Research Questions

RQ1: What are the social implications for women offenders who also are mothers

and experience separation from their children as a result of incapacitation? The primary

research question for this study sought to understand the social implications for women

offenders who experience separation from their children as a result of incapacitation.

Many of the responses from the participants involved CPS complaints lodged against

them based on participants' arrests and or substance abuse histories. Some participants

expressed anger, resentment, and fear because of the control CPS has over their lives and

the lives of their children. In contrast, participants shared appreciation for having their

mothers, fathers' of their children, and extended family members on both sides for

stepping up and assisting them during a difficult time in their lives.

RQ2: What are some strategies that women offenders use in regaining and

retaining custody of their minor children? And RQ3: How do women offenders who also

are mothers use prosocial networks during incapacitation for determining interaction with

their children? The remaining two research questions sought to capture the strategies

employed by participants engaging family and friends in the reunification process.

Supportive people including other program residents were considered a part of their

prosocial network. Although deemed helpful in some instances, CPS was not considered

part of a prosocial network by participants.

Summation of Results

The findings will be discussed in detail in Chapter 5 however, it is noted that

participants presented their perspectives as seen through their eyes on the criminal justice

system, CPS, and foster care system. The majority of participants had substance abuse

issues that they were currently addressing. Some of the findings suggested that

participants were deeply remorseful for placing their children at risk, particularly

regarding possible permanent separation from them. Justice-involved women were deeply

remorseful for placing their children at risk, particularly with regard to possible

permanent separation from them. Because of the support they were receiving from pro-

social networks, most participants believed that they would not get into further trouble

with the law. My experience and bias working with a gender-specific caseload was

surfaced internally at that time. While many women offenders have good intentions,

without consistent supportive prosocial networks, they are likely to reoffend.

Theme I: Loss of Control as a Mother

Women offenders who also are mothers suffer stigmatization and obstacles not only as

women but, more harshly, as women who are mothers. The literature identified several

social implications that result from justice-involvement specific to women offender who

also are mothers as they strive to establish or reestablish stable environments for their

families. Social implications (Bloom et al. 2004) can include but are not limited to denial

of housing, vocational licensing, social services, student loans, reduction of job

opportunities; and ongoing mentoring, reporting and court ordered surveillance.

Participants in the study described some of the social implications they

encountered as mothers.

Table 2

Representative Statements Theme I: Loss of Control as a Mother

________________________________________________________________________

Participant InQ-1 & InQ-2 InQ Responses

________________________________________________________________________

R1-Ashia

the

arrest

They [children] were with at home. The police came and

arrested me on the warrant.

It was embarrassing and it was hurtful. I felt helpless.

R2- Rebecca

the

arrest

My daughter was with me, but she was too young to know

what was going on. I remember feeling very scared and

feeling a lot of regret.

R4-Sherry

the

arrest

My daughter was at school and I was pregnant with my

son. When I told my daughter [over the phone] I was in jail

she started to cry and that made me cry.

R7-Morgan

the

arrest

My son was with my mom. I was arrested when my bond

was revoked for dropping dirty. I was scared. I wondered

what would happen to my son.

R8-Tonya

the

arrest

CPS was at my house and took my son when I arrived. I

ran, and then turned myself in later. It broke my heart.

Guilt overwhelmed me.

R9-Lori

the

arrest

My children were with my mom. She had guardianship of

one of them. I felt I had failed my children. I was really

disappointed with myself.

R10-Breanna

the

arrest

I was pregnant at the time of the arrest. I felt I was failing

already

Note. "InQ" refers to Interview Question.

Column two's notation "[the arrest]" refers to

the topic of InQ -1 & InQ-2.

Although loss of control is understood as a natural response to incapacitation

(Celinska& Siegel, 2010), loss of control experienced by women who also are mothers

carries a different weight because forced separation of mother a child changes the

dynamic of personal agency. Incapacitation of justice involved women like R2-Rebecca

whose statement provided credence to the notion that self-blame was one aspect of many

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difficulties associated with separation for justice-involved mothers and their children.

Loper and Tuerk (2010) noted that separation underscored how women offenders who

also are mothers adjusted and remained motivated to continue their mothering roles

despite their circumstances. R9-Lori, much like R10-Breanna addressed concerns over

losing control of their ability to parent, as they struggled with self-perceptions, while

addressing their substance abuse issues. R10-Breanna also described what she believed to

be a lack of professionalism demonstrated by CPS and foster care workers. R10-Breanna

stated what she perceived as their view of her "as a drug addict that should not have her

kid."

Theme II: Image as a Mother

When mothers have been separated from their minor children the criminal justice

system oversees the direction of care and wellbeing of their minor children. Justice-

involved women are expected to demonstrate active and ongoing interest and interaction

with their children. As mothers, women use various strategies and means available

(Brown & Bloom, 2009) not only to be nurturing mothers but also to show that they are

putting forth the effort. Some strategies include but are not limited to letters, phone calls,

scheduled visitation, off site activities, and family-centered activities when housed in

residential programs. Participants in this study identified some of the ways that they

established meaningful relationships while incapacitated.

Images and identity as a mother was a prominent theme throughout. Beginning

with participants' recounting of their initial arrest, what their children witnessed and the

degree to which their children were aware of what was going on was a major concern.

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Those women with children too young to understand expressed relief similar to R1-Ashia

who said, "my daughter was three months old, so she really did not know what was going

on." Women with older children like R5-Trina, disclosed that her four-year old daughter

was in the car when the arresting officer took R5-Trina into custody, who was

immediately more concerned about her daughter witnessing the arrest. Daly (1992)

identified the devastating effects that justice-involved women who also are mothers

experience when at the moment of arrest they are torn between self-preservation and who

they are as mothers.

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Table 3

Representative Statements Theme II: Image as a Mother

ParticipantInQ-1& InQ-2InQResponses

________________________________________________________________________

R1-

Ashia

mothering They looked clueless, like you know what was going on. It's always hard to look

at them knowing that you got to go away for a while.

R2-

Rebecca

mothering I was relieved that the officer allowed someone to come get my child before they

called CPS.

R3-Celia mothering I talked to my kids [by phone] told them I'll be home soon. I had faith I would be

coming home and I wanted to comfort them.

R4-

Sherry

mothering I just wanted to be truthful because I know some people lie to their kids and tell

them they are working or something. So often we don't take our kids into

consideration.

R5-Trina mothering We had this saying; you know how much I love you. She would say more than the

whole world. She [her daughter] would not say it when it was time to say bye, you

know. If I tried to hug her she would turn away. I could not understand how in

such little time my little girl became so disconnected from her mother's love and

touch, and affection was gone.

R6 -

Lakesha

mothering When I got here, at the time I wanted my daughter with me. But when I got her up

in the room it was like, I felt kind of guilty to where it wasn't her fault. So why

does she have to come to treatment with me?

R7-

Morgan

mothering He [son would say come get me and I said soon. I seen all the other kids with their

moms and it would make me sad. But I was not sure if I could have him here

because of CPS.

R8-

Tonya

mothering

That really affected me emotionally that he forgotten who I was. I started

visitation and he [son] comes right to me.

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R9-Lori

R10-

Breanna

mothering

I was a very lost person and I did not want to drag my daughters through that. I

wish I would have not made the mistakes I made that I could be with them today.

I wasn't being the mother I should have been, so it's easy for me to get upset and

angry but in the end the she [CPS Worker] was just trying to protect my child and

so I have a lot of respect for her in the final analysis.

_____________________________________________________________________________________

Note. Representative statements from 10 participants responding to interview questions 1 and 2 regarding Image as Mother

Wake-Up Call/Moment of Clarity

Women offenders who also are mothers quickly discover that when it comes to

taking care of their children they cannot do things alone. When arrest occurs, there must

be a legal authorized entity to care for their children. When no such person exists or is

immediately available, CPS intervenes and moves the child or children from the home.

This separation creates trauma for mother and child. The ideal situation is one or more

available and legally capable family members who agree to custodial care until the

justice-involved mother either is released or is able to be reunited with her children in a

residential program. Those who are directly involved in helping the justice-involved

mother maintain a positive relationship with her children composed her prosocial

network.

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Table 4

Representative Statements Theme III: Wake-Up Call/Moment of Clarity as a Mother

________________________________________________________________________

Participant

InQ2 InQ-7, InQ-8, In-Q9, InQ-10InQ Response

________________________________________________________________________

R1-

Ashia

InQ-9 mothering

response to decisions

about child's wellbeing

It just was not worth it. There is nothing worth being taken away from your

kids. I was constantly worrying.

R2-

Rebecca

InQ-2 mothering

response at point of

arrest

Being away from her at this point in her life. I have never been away from her

overnight.

R3-Celia InQ-8 mothering

response to separation

and reunification

process

If I did four years in prison my kids would not know me. My probation officer

told me like you know if you mess up for four years you cannot be in your kids

life. You got the risk of that.

R4-

Sherry

InQ-9 mothering

response to decisions

about child's wellbeing

Any situation that keeps me from my kids is not a good idea. So often we don't

take our kids into consideration, which is true we should have thought about

our kids before we did the crime.

R7-

Morgan

InQ-7 mothering

response to custody

barriers

I was scared because it is my first time in jail. I didn't know what was

happening with my son because the judge did say he was calling CPS and I

was scared that they would take him and I would have nothing. I had to make

some changes. I am stronger today. I don't want to go back to a place of almost

losing my son.

R8-

Tonya

InQ-8 mothering

response about

separation and

reunification process

It takes losing anything and everything I care about to what figure out what

was wrong with the situation. I definitely hit my bottom and I don't plan on

returning.

R9-Lori InQ-10 mothering

response to network of

helpful people

You can't be a good parent if you are not good to yourself, you're worth it and

most importantly, your child deserves a good parent.

R10-

Breanna

InQ-7 mothering

response to custody

barriers

I felt like she saved my life and it was kind of like a moment of...I was in

Miami, so her dad was in jail and I was in jail. Like I'm pregnant and on drugs

and I don't know what to do. I don't know how to live. Let alone how I would

raise a kid. I had to come home to Michigan so I can make a life for her.

Note. Representative Statements responding to InQ

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Participants who expressed moments of clarity regarding what mothering really

meant to them as individuals recalled challenging moments in great detail. When R3-

Celia stated "I got the picture," she recounted her interaction with her probation officer

who "broke it down" by pointing out that Celia would be separated from her five children

for 4 years minimum unless Celia shifted her perspective and began to make changes in

her life beginning immediately. Celia's demeanor changed as she told her part of her

story; she began to cry and stated that she realizing what long term separation would

mean had been the turning point in obtaining housing, a car, and job. Having her three

youngest children in her care on site to maintain focus and resolve appeared important to

Celia.

When R4-Sherry stated her wake-up call came when she disclosed to her daughter

that she was in jail and her daughter began to cry. She stated that "it made me realize

what the situation was, you know." Justice-involved women in the study expressed

concern for the well-being of their children and that CPS could make decisions that could

have long standing consequences for parents and children. For example, R5-Trina

expressed concern that her daughter was placed in foster care away from family for 2

months before her daughter was eventually placed with a family member. Prior to her

daughter's placement with a family member Trina recounted participating in visitation

off-site with her daughter and foster care worker. Trina described her daughter as distant

and "cool" toward her, which hurt her deeply. Trina stated that "perhaps it was her

[daughter’s] way of coping."

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Prosocial Networks

Participants communicated with their children through supportive family and

friends. These prosocial networks increased the likelihood that participant would

maintain involvement in either programs involved in the study. Further, many women

indicated that their own mothers were instrumental in keeping children from going into

foster care. In some instances, maternal grandmothers took on the responsibility of

temporary custody and or guardianship to prevent participants from permanently loosing

custody of their children.

Prosocial networks were compelling influences in decision making several for

participants and confirmed in prior research (Bui & Morash, 2010). Many women viewed

their relationships with their own mother as a solid influence for regaining or retaining

custody of their children. Throughout the interview process maternal grandmothers and

family members were cited as being central in maintaining communication and care for

participants' children. Therapists, counselors, and probation officers were not specifically

identified except in one instance; however, those influences were important to

participants as well.

Summary

In Chapter 4, I presented the purpose of the study and provided answers to the

research questions. Participants were drawn from two Michigan supervised residential

programs, one federally funded program generated four participants and one privately

funded program generated four participants. Participants filled informed consent forma

107

out demographic questionnaires. Responses to 10 structured open-ended interview

questions formed the basis of analysis. Color coding a verbatim transcript revealed

emergent themes: Loss of control as mother, Image as mother, and Moment of

clarity/wake-up call.

Participants detailed accounts of their contact with the criminal justice system

including, CPS involvement, and their interactions with prosocial relationships to help

mitigate their entanglement in various the systems Emergent themes were codified and

presented, highlighting actual quotes from participants. Once engaged in the interview

process, no participant chose to discontinue. Each participant received a $25.00 gift cards

for taking part in the study. Significant findings included:(a) the importance of the

relationships with their own mothers in regaining and retaining custody of minor

children, recognized as a primary component in their prosocial network and (b) CPS

involvement as necessary or helpful in the reunification process but not considered part

of the prosocial network.

In Chapter 5, I will cover social implications as well as prior research studies

involving various forms of trauma experienced by women that were contextually relevant

to the participants in this study, especially as it relates to their role as mothers of young

children. Limitations to this study as well the social change component will be outlined.

Finally, the call for additional research on female offenders and prosocial networks will

be presented in the conclusions.

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Chapter 5: Discussion, Conclusions, and Recommendations

Introduction

The purpose of this qualitative phenomenological study was to understand the

complex challenges those women offenders who also are mothers with minor children

experience as a result of incapacitation. My experience as a parole/probation officer

whose charges are gender-specific–women only–coupled with research on justice-

involved women who used prosocial networks (Bui &Morash, 2010) to regain or retain

custody of minor children provided the catalyst for this study. Additionally, given the gap

in the literature that provides the voice of these women, not simply studies about

incapacitated mothers, fueled my desire to contribute to the limited research in this area.

Incapacitation, in the context of this study, was specific to justice-involved mothers in

supervised residential programs where they are allowed to have their children with them

on site.

Self-esteem issues that emerged as the theme, image as a mother, were prevalent

among justice-involved women who were involved in nonassaultive drug or property

offenses which were exacerbated by substance abuse and mental health issues.

Substance abuse and mental health issues are two conditions that Hunter and Greer

(2011) documented as common to nonviolent women offenders. Prior research

established that three quarters of the female prison population were custodial parents

before confinement (BJS, 2015). As a result, mothers and children have been and

continue to be negatively impacted by separation. To illustrate this point, I recruited 10

participants from two supervised residential programs in Michigan that housed justice-

109

involved women to participate in this study. Each participant was the mother of at least

one minor child at the time of the interview.

This chapter will include my findings from the face-to-face structured interviews

conducted with participants on site. I asked 10 interview questions of the participants in

order to capture their experiences as viewed by them. These questions formed the basis

for responses to the three RQs I had developed to guide the study. In this chapter, I will

discuss these findings in relation to the literature review along with the implications for

social change. Lastly, I will present my recommendations for further study along with my

experience and a conclusion to the study.

Interpretation of the Findings

My findings from this study presented detailed perspectives from justice-involved

women who were in various stages of regaining or retaining custody of their minor

children to better understand their experiences. I developed RQs noting the limited

literature related to women as mothers that substantiated the significant toll incapacitation

exacts on mothers who wish to remain in their children's lives. I designed this study to

answer the following RQs.

RQ1: What are the social implications for women offenders who also are mothers

and experience separation from their children as a result of incapacitation?

Based on the data I gathered, the answer to this RQ was mothers who were

incapacitated expressed immediate concern about the safety and welfare of their children

in their absence. Themes emerged regarding the loss of control as mothers who had to

deal with legal issues including who would care for the children while they were away.

110

Participants described remorse, embarrassment, helplessness, and a sense of failure with

respect to providing adequate care for their children during periods of incapacitation.

Salient responses to Interview Questions 1, 2, 3, and 7 were provided by participants as

follows: 1.Where were your children at the moment of your arrest? 2. Describe what you

said to your children or how you felt, if you can recall? 3. Beginning with the court

proceedings, were you aware of your children's whereabouts? 7. Describe the barrier(s) if

any that prevented you from regaining custody of your children. R1-Ashia, a mother of

five children, indicated that she was arrested at home on a warrant for an economically

motivated crime in front of her children who ranged in ages of 4 months, 4 years, 8 years,

10 years, and 14 years.

My findings confirmed the gendered pathways theory (Daly, 1992), which

identified economic motivation as one of five pathways to criminal involvement. R1-

Ashia indicated that she enlisted her established prosocial network, including the father

of her children and both maternal and paternal grandparents, to provide a continuum of

support and care for the children in her absence. In determining a level of interaction with

her children, she was provided with updates on their well-being including pictures and

letters from the children that she would read "100 times a day." With regard to regaining

or retaining custody of her children, upon release from jail, R1-Ashia stated that she

secured transportation from her children's father and resumed parental responsibility of

her children without CPS involvement.

Six of the 10 participants had active CPS cases. Most participants found CPS to

be intrusive in their interaction with them; however, contrary to the intrusiveness of CPS,

111

participants readily accepted CPS support in securing temporary or permanency planning

for their children. Although both supervised residential program encouraged mothers and

children to be housed together as justice-involved women distance themselves from illicit

substance usage, how cases are adjudicated depends on the type of court that is hearing

and determining the case, charges and offender history.

In participants' cases involving the criminal court where active matters were

pending or where participants were on probation, judges took no position regarding

program involvement by participants with respect to programming for justice-involved

women that allowed their children to be with them. The focus was on women offenders

only and, according to R3-Celia, R4-Sherry, and R7-Morgan, minor children,

motherhood, and custody were not considered. Although, R7-Morgan stated the

following during criminal proceeding against her:

I was scared because it was my first time in jail. I didn't know what was to happen

with my son because at the time the judge did say he was calling CPS on me and I

was scared that they were going to take him away, and I had nothing.

In another instance, according to R1-Ashia, the judge considered her position as mother

and allowed her to be bonded out pending sentencing. R1-Ashia stated, "You know my

lawyer said, you know she does have children at home. So the judge said 'yes, she needs

to take care of these children,' and was very lenient on me, very lenient."

On the other hand, where cases were heard in family court, participants R3-Celia,

R-5 Trina, R7- Morgan, R8-Tonya, R9- Lori, and R10-Breanna indicated judges readily

supported their ability to have their children with them in a supervised residential

112

program. In these cases, CPS primarily was responsible for orchestrating those

arrangements. R7-Morgan stated, "Being here has been very helpful. Yep, being here has

really helped me a lot like through the court cases, through CPS, and I am just glad I get

to have him here with me." Even in those circumstances, however, where CPS support

was necessary, participants did not view CPS as a prosocial component to their success.

RQ2: What are some strategies that women offenders use in regaining or retaining

custody of their minor children?

The answer to this RQ and my focus on strategies is specific to this study. The

state of Michigan has a few supervised residential programs for justice-involved mothers

to have their children with them on site. Additionally, the courts, judges, parole/probation

officers, CPS, and the women themselves were aware of options to usual and customary

prolonged separation. In this study, seven participants had regained custody of their

minor children by agreeing to participate in programs that accommodated them and their

minor children in supervised residential housing. These justice-involved mothers were

allowed to keep their families together. These types of supervised residential programs

allowed mothers to nurture and bond with their children without interruption or further

separation.

Strategies that these participants used came primarily from responses to Interview

Question7: Describe the barriers, if any that prevented you from regaining custody of

your child/children? Because these justice-involved mothers had their children with them,

the strategies they identified were regarding retaining rather than regaining custody.

Strategies included self-awareness in their roles in their immediate situations. For

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example, R10-Breanna stated awareness of needing to "stay clean or lose my kid." R7-

Morgan stated awareness of needing to maintain and build a strong bond, saying, "as long

as I have him here with me, I don't have to sign over my rights."

In most cases, however, strategies for regaining or retaining custody of minor

children depend entirely on availability of a family-centered facility, the parole/probation

officer's knowledge, and the justice-involved mother herself. When a criminal court

presides over a case, for example, if supervised residential program are unknown or do

not exist, then women offenders who also are mothers have little opportunity to keep

their families together while fulfilling sentence obligations. In these cases, where justice-

involved women have no choice but to be separated from their children during

incapacitation as researchers indicated, letters were easier than phone calls, but phone

calls provided stronger interim bonds than weekly visits (Huebner et al. 2009).

For the participants who did not have their children with them, strategies in

maintaining contact with minor children were more consistent with the literature on

incapacitated mothers who continued to be separated from their minor children. For

example, R5-Tina, R8-Tonya, and R9-Lori had regular visits with their children set up

through CPS and coordinated them through family members who were responsible for

the care of their minor children. I identified the themes of loss of control as a mother and

identity as a mother through statements made by participants. The theme of loss of

control as a mother was best reflected in R1-Ashia's response to Interview Question 1:

Where were your children at the moment of your arrest? She responded by saying:

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I actually never got to speak with them in jail. I never seen them the whole 60

days I was gone. While I was incarcerated I would sit up and rock and think, you

know, like where are they? What are they doing? Even though they're with their

father...are they eating things they like?

The best reflection of the theme of identity as a mother was illustrated by R2-

Rebecca, R3-Celia, and R7-Morgan who indicated the mother/child bond was significant

and the literature confirmed and expressed concern over maintaining that bond. In

response to the first two interview questions (Interview Question 1: Where were your

children at the moment of your arrest? and Interview Question 2: Describe what you said

to your child/children or how you felt, if you can recall?), R2-Rebecca stated:

When I was arrested and I knew I would be bonded out, and while they were

processing me I remember thinking how can I ever be away from her at this point

in her life. I never was away from her overnight. I know the night I came home

though, I was pregnant with my son, and my daughter came and slept in the bed

with me. I just thought never again can I ever do anything, you know that will put

me in this kind of position again. When I think about that I want to cry. I

remember holding my baby that night. She don't have nobody but me, you know,

she has family, but she really only has me. Her dad is not really around.

RQ3: How do women offenders who also are mothers use prosocial networks during

incapacitation for determining interaction with their children?

The last RQ dovetails off the second RQ, which lends credence to how important

prosocial relationships are in assisting mothers of minor children. A theme that emerged

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in response to this RQ was wake-up call/moment of clarity where justice-involved

women appeared to look at their own behavior in relationship to the affect their behavior

was having on their children (Brown & Bloom, 2009). To illustrate, R3-Celia, the mother

of five children, indicated she was away from her children for two and a half months. She

stated that her case was drug related and that she was facing 4 years in prison. At that

time R3-Celia's PO had her placed in residential treatment where incapacitation occurred

followed by placement in the privately-funded program that offered opportunities to

obtain housing, a car, and job.

She stated that her children's father, his parents, and her family, who did not get

along with each other, worked in tandem to provide for the children until her release. In

this instance, prosocial networks were an integral part of R3-Celia's determination to

examine her own behavior and received the benefit of prosocial networks to prevent

further disruption to her family. In two cases, the father of the children and his family

were involved with ensuring visitation and other forms of communication, either by

phone calls, letters, or pictures, especially during the period of incapacitation. At one

program, mothers were given the opportunity to seek employment and secure housing for

themselves and their children. In those cases, the program itself was viewed by

participants as a prosocial network because of the opportunities afforded them to become

responsible contributing members of society. Based on responses from participants, this

was significant in reducing their propensity to reengage in criminal behavior or substance

usage.

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Frequently, mothers indicated substance abuse histories or economically-

motivated crimes which align with Daly's (1992) pathway's research. .Participants

identified prosocial networks primarily centered on maternal family connections which,

in essence, facilitated continuity with regard to visitation and a stable environment for

their children. The findings with this research confirm by this study, prosocial

relationships were instrumental in justice-involved women, especially in their ability to

desist from reoffending behavior and resuming responsibility for their minor children

(Reisig et al. 2002; Bui &Morash, 2010).

The primary prosocial networks were the family of the participants. In only one

case, a participant specifically mentioned her probation officer as being a catalyst for

change in criminal behavior. According to the participant, a good rapport was established

between the participant and her PO who compelled the participant to listen. Of

significance, was the officer's ability to present reality of the impact that long term

incapacitation would have on the participant's relationship with her children.

The findings of this study support the notion that women offenders experience

multiple stressors in their lives, especially, when they are the custodial parents of minor

children at the time of their confinement (Tuerk& Booker, 2006). Stress is reduced

significantly when mothers remain involved in their children's lives. Many participants

expressed this in terms of being allowed to have continued communication with their

children while away from them. Participants generally recognized that they needed

assistance in decision making in order to break the cycle of criminality. The findings also

suggests that without supportive prosocial networks in place to facilitate a smooth

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transition to community life, along with the necessary financial and emotional support to

sustain them and their children, the likelihood of reoffending is high (Greene et al. 2000).

Support of Theoretical Framework

Gendered pathways as a theoretical foundation confirmed the consequences of

stressors associated with women who are unable to obtain the necessary resources to take

care of themselves or the children (Bloom et al. 2004). This framework also takes into

account the trauma experienced by female offenders who enter the criminal justice

system (Salisbury &VanVoorhis, 2009). Responses from participants supported this

theoretical concept. Some participants indicated they had been in abusive relationships

with their children's father. One participant stated that her boyfriend encouraged her to

make "drug runs" for them, meaning she would leave home for the expressed purpose of

bringing back drugs for them to use, at any cost. At least three participants indicated they

were being treated for mental health problems which is prevalent among justice-involved

women (Celinska& Siegel, 2010).

Research on justice-involved women has been scant until recent years. Notably,

Adler (1975) and Chesney-Lind (1979) provided historical research on adolescent and

adult females in the criminal justice system. More contemporary scholarship sought to

explore the trauma associated with women engaging in crime. Most notably, Bloomet al.

(2004) established that most justice-involved women engage in nonviolent offenses.

While the questionnaire did not seek responses on the specifics of the offenses

participants engaged in, most spoke freely about their offenses during their respective

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interviews. Participants disclosed drugs or economic crimes which usually precipitated

their arrest.

Limitations of the Study

There were several limitations identified regarding the scope of this study. In

obtaining participants to be interviewed there were numerous gatekeepers throughout the

process. IRB mandated disclosure of my position as a PO, agent of the state and

mandatory reporter with respect to observing suspected abuse of participants' children or

participants themselves. It is well within the criminal justice system that each of these

trust issues are beyond the scope of any single person's control regarding offenders'

perceptions and feelings. However, this also acts as strength in this study to-wit because

those women who are also mothers volunteered to be a part of the study.

There are other limitations in this research regarding scope. One limitation was

the lack of participants at the initial site willing to participate. Another limitation is

related to the sample to population transferability. The inability to interview female

offenders in another region or state to examine the utilization of prosocial networks may

be considered a limitation. If time and resources were available, a larger population of

justice-involved women throughout the state of Michigan may have been recruited for

participation. The second limitation of this research is the number of programs in the

study. With two programs involved, the sample programs were insufficient in terms of

identifying programs specifically engaged in assisting women in the reunification

process.

Keeping the Children Nonviolent Women Offenders in Two Michigan

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