Transgender People Face Disproportionate Challenges in US Criminal Justice System

Research highlights historical criminalization, systemic biases, and social factors contributing to overrepresentation of transgender individuals

Published on Feb. 16, 2026

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A disturbing trend is emerging within the U.S. criminal legal system: transgender and gender diverse individuals are disproportionately represented, facing unique vulnerabilities and systemic biases. Research indicates this isn't a random occurrence, but a consequence of historical and ongoing criminalization, coupled with discriminatory practices at every stage of the legal process.

Why it matters

The criminalization of transgender and gender diverse people is a longstanding issue rooted in historical laws and societal norms that have targeted individuals who deviate from traditional gender roles. Understanding this context is crucial to addressing the current disparities faced by transgender individuals in the criminal justice system.

The details

From initial police contact to incarceration, transgender individuals encounter significant challenges including heightened risk of verbal and sexual assault, denial of appropriate medical care, and discriminatory treatment by law enforcement and correctional staff. The system often fails to recognize or respect their gender identity, leading to misgendering, improper housing assignments, and denial of necessary healthcare.

  • The criminalization of transgender and gender diverse people has historical roots dating back decades.
  • Researchers have been studying the unique challenges faced by LGBTQ individuals in the criminal justice system for years.

The players

Valerie Jenness

A Distinguished Professor of Criminology, Law and Society at the University of California, Irvine, who has extensively researched LGBTQ issues within the criminal justice system.

Movement Advancement Project

An organization actively working to address these issues through policy advocacy, research, and legal challenges.

Center for American Progress

An organization dedicated to addressing the underlying social and economic factors that contribute to transgender involvement in the criminal legal system.

National Center for Transgender Equality

An organization focused on policy advocacy and research to improve outcomes for transgender individuals in the criminal justice system.

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What they’re saying

“Her work highlights the complexities of prisoner grievance systems and the broader issues of law, policy, and criminal justice reform related to gender and sexuality.”

— Valerie Jenness, Distinguished Professor of Criminology, Law and Society (newsy-today.com)

What’s next

Continued research and advocacy efforts are essential to inform policy changes and improve the treatment of transgender individuals in the criminal justice system. Implementing comprehensive training for law enforcement and correctional staff, developing clear policies and protocols, and ensuring access to gender-affirming care are crucial steps towards reform.

The takeaway

The disproportionate representation of transgender individuals in the U.S. criminal justice system is a complex issue rooted in historical criminalization and ongoing systemic biases. Addressing this crisis requires a multifaceted approach that tackles the underlying social and economic factors, as well as the discriminatory practices within the legal system itself.