How does Feminist Legal Theory help you understand the question of carceral Justice? Mass Incarceration is a rather big problem within the United States. This problem seems to have been attributed to with the conscious efforts employed by the state to use carceral justice to tackle the ongoing issues of gender violence. These efforts attempt to fix the issue but it seems to heavily disregard the victim which in most cases tend to be women. I will be looking at particularly women of colour and how intersectionality plays a part in the mistreatment of WOC. I shall talk about the experiences of these women with the use of anti-essentialist feminist legal theory. This essay will look at the development of the carceral system used to face the issues of gender violence and how this specifically impacts women of colour through the eyes of feminist legal theory. I will also provide valid alternatives to the carceral justice system such as restorative and transformative justice along with critiques of such alternatives. These two methods of dealing with crime has become more prevalent recently and the studies around it point to positive outcomes. (The essay will look at the historical treatment of the women of colour by the prison system as well as how the use of incarceration to tackle large social issues such as gender violence impacts WOC. The carceral justice implementation in the 70s and beyond created a false profile as offenders of violence and this significantly impacted POC and more specifically WOC.
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