Criminalization of the Trans* Community

Any type of deviance, or violation of social norms, are considered crimes, and the trans*community commonly interacts with the criminal justice system. A significant portion of the trans* community is currently living in poverty, experiencing homelessness, and facing discrimination in the work place which all increase interactions with the criminal justice system. These factors lead to finding other means to live, the trans* community has a large number of sex workers, one of the only available positions, a number of members of the trans* community are drug abusers or sellers attributed to the lack of societal acceptance and to supplement income. Since prostitution and drug use are in violation of our societies norms both are crimes, this demonstrates how crime linked other social problems.

Transgender offenders encounter significant problems in the criminal justice system including the classification of their gender for incarceration, access to health care and potential stereotyping by legal decision-makers. Courts have typically categorized and placed trans* inmates according to their biological genitalia, unless trans* inmates are post-op they will not be placed according to their gender identity. The U.S. Bureau of Prisons has developed guidelines for handling arrests and incarceration of trans* inmates that is consistent with these decisions. Therefore, biologically male trans* offenders with female gender identity are typically incarcerated in a male facility. Inmates who realize their trans* identity after they are incarcerated would have the same concerns. Trans* inmates may be at risk for abuse by correctional officers and other inmates this increased vulnerability to violence could result in constant fear for trans* inmates or other negative psychological effects. Physical and mental health care while incarcerated could also become serious concerns for trans* inmates. For trans* offenders who were undergoing hormonal therapy or sex reassignment at the time of arrest, the continuation of hormone treatment is important to their welfare and, access to hormonal therapy or surgery can be temporarily or permanently suspended while incarcerated. People working in the criminal justice system such as judges, juries, police and corrections officers may also have misconceptions and prejudice against trans* individuals, such as the false notion that all trans* inmates are homosexuals or malingerers.

To make changes critical research needs to be done, are transgender individuals treated differently than others for the same crime? Interviews within in the criminal justice system would be helpful in determining where misconceptions lie and what kinds of discrimination trans* people face. Do the verdicts and sentences given to trans* cases exceeding what is typical are the verdicts and sentences different? Do juries play a role and are verdicts and sentences different based upon whether to individual is out?

Transforming Justice, a group in New York City, aims to have a national conversation about issues facing trans* prisoners. A recent conference gathered former prisoners, activists, attorneys, and community members to develop national priorities towards ending the criminalization and imprisonment of trans* communities. Transforming justice is committed to ending the abuse and discrimination against trans* people in all aspects of society, with the long-term goal of ending the prison industrial complex. Now they are on the right track.

*denotes transgender, transsexual and gender non-conforming