Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
References:
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
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An alternative Christmas message
Sometime in October stores start putting out Christmas decorations, in November they slowly begin to play festive music and by December people organise office parties and exchange festive cards. For the best part of the last few decades these festive conventions seem to play a pivotal role in the lead up to Christmas. There are jumpers with messages, boxes of chocolates and sweets all designed to spread some festivity around. For those working, studying, or both, their December calendar is also a reminder of the first real break for some since summer.
The lead up to Christmas with the music, stories and wishes continues all the way to the New Year when people seem to share their goodwill around. Families have all sorts of traditions, putting up the Xmas tree on this day, ordering food from the grocers on that day, sending cards to friends and family by that day. An arrangement of dates and activities. On average every person starts in early December recounting their festive schedule. Lunch at mum’s, dinner at my brother’s, nan on Boxing Day with the doilies on the plates, New Years Eve at the Smiths where Mr Smith gets hilariously drunk and starts telling inappropriate jokes and New Year’s at the in-laws with their sour-faced neighbour.
People arrange festivities to please people around them; families reunite, friends are invited, meaningful gifts are bought for significant others and of course buy we gifts for children. Oh, the children love Christmas! The lights, the festive arrangements, the delightful activities, and the gifts! The newest trends, the must have toys, all shiny and new, wrapped up in beautiful papers with ribbons and bows. In the festive season, we must not forget the kind words we exchange, the messages send by local communities, politicians and even royalty. Words full of warmth, well-meaning, perspective and reflection. Almost magical the sights and sounds wrapped around us for over a month to make us feel festive.
It is all too beautiful, so you can be forgiven to hardly notice the lumbering shadow, at the door of an abandoned shop. Homelessness is not a lifestyle as despicably declared by a Conservative councillor/newspapers decades ago. It is the human casualty of those who have been priced out in the war of life. Even since the world went into a deep freeze due to the recession over a decade ago and the world is still in the clutches of that freeze. More people read about Christmas stories in books and in movies, because an even increasing number of people do not share the experience. Homelessness is the result of years of criminal indifference and social neglect that leads more people to live and experience poverty. A spectre is haunting Europe, the spectre of homelessness. There is no goodwill at the inn whilst the sins of the “father” are now returning in the continent! Centuries of colonial oppression across the world lead to a wave of refugees fleeing exploitation, persecution, and crippling poverty. Unlike the inn-keeper and his daughter, the roads are closed, and the passages are blocked. Clearly, they don’t fit with the atmosphere… nor do the homeless. Come to think of it, neither do the old people who live alone in their cold homes. None of these fit with the festive narrative.
As I walked down a street I passed a homeless guy is curled up in a shop door. A combination of cardboard, sleeping bag and newspapers all jumbled together. Next to him a dog on the cardboard and around them fairy lights. This man I do not know, his face I have not seen, his identity I ignore; but I imagine that when he was born, there was someone who congratulated his mother for having a healthy boy. Now he is alone, fortunate to have a canine companion, as so many do not have anyone. What stands out is that this person, who our festive plans had excluded, is there with his fairy lights, maybe the most festive of all people, without a burgundy coat, I hear some people like these days.
It is so difficult to say Merry Christmas this year. In a previous entry the world cup and its aftermath left a bitter taste in those who believe in making a better world. The economic gap between whose who have and those who do not, increases; the social inequalities deepen but I feel that we can be like that man with the fairy lights, fight back, rise up and end the party for those who like to wear burgundy, or those who like to speak for world events, at a price.
Merry Christmas, my dear criminologists, the world can change, when we become the agents of change.
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I am not your “ally” (or am I?)
Today’s blog entry is a stream of consciousness rather than a finished entry with an introduction, middle and conclusion. It’s something that has been puzzling me for sometime, trying to work out why the term “ally” discomforts me and yet, not really coming to a firm conclusion. So I thought I’d explore it through a blog entry and would welcome anyone’s input to help me clarify and refine my own thinking and either embrace or reject the term.
Anyone that knows me, knows I love reading and of course, I love words. I love to play with them, say them, write them, discover new ones and trace the etymology as far as I can. Equally, I do not hide the fact that I try to understand the world through both pacifism and feminism. This makes me rather susceptible to interrogating and challenging the things that I see around me, including the written and spoken word.
The most obvious place to start when exploring words, is a dictionary, and this blog entry does similar. According to the Cambridge English Dictionary the term “ally” has three distinct definitions:
“a country that has agreed officially to give help and support to another one, especially during a war”
“someone who helps and supports someone else”
“someone who helps and supports other people who are part of a group that is treated badly or unfairly, although they are not themselves a member of this group”
Now for obvious reasons, I find the first definition problematic, put simply for me, war is a crime. The act of waging war includes multiple violences, some individual, some institutional, some structural and all incredibly harmful decades, or even centuries later. Definitions which have roots in the military and warfare leave me cold and I hate the way in which they infiltrate civilian discourse. For example “the war on drugs”, “the war on poverty”, “officer to the meeting” and the reshaping of the term “ally” for the twenty-first century” I definitely don’t want to be the “ally” described in that definition.
Definition two is also problematic, albeit for different reasons. This definition seems far too broad, if I hold the door open for you, is that me being an ally? If I help you carry your heavy bags, can I say I’m your ally? This seems a nonsensical way to talk about everyday actions which would be better described as common civility, helping each other along the way.Should I say “thank you kind ally” every time, someone moves out of my way, or offers their seat on the bus? It seems evident that this definition does not help me explore my reservations.
The third definition appears to come closest to modern usage of the term “ally”. This term can be applied to many different groups (as can be seen from the badges below and these are just some of the many examples). “whilst I identify as cisgender, I’m a trans ally”, whilst currently heterosexual, I’m a LGBTQ+ ally”, despite being white, I’m a BLM ally” and so on. On the surface this is very positive, moving society away from the nonsense of people describing themselves as “colour-blind”, “gender-blind” or such trite phrases as “we all bleed the same”, ignoring the lack of equity in society and pretending that everyone has the same lived experience, the same opportunities, the same health, wealth and happiness. Buying into the hackneyed idea that if only you work hard enough, you will succeed, that we live in a classless society and the only thing holding anyone back is their own inertia.
However, maybe my problem isn’t with the word “ally” but the word “I”, and the fact that the two words seem inseparable, After all who decides who is an ally or who is not, is there a organisation somewhere that checks your eligibility to be an ally? I’m pretty sure there’s not which means that that “ally” is a description you apply to yourself. After all you can buy the badge, the t-shirt, the mug etc etc, capitalism is on your side, provided the tills are ringing, there’s every reason to sign up. Maybe a tiny percentage of your purchases goes to financially benefit the people you aim to support, for example the heavily criticised Skittles Pride campaign which donated only 2p to LGBTQ+ charities (and stands accused of white supremacy and racism). Of course, once you have bought the paraphernalia, there is no need to do anything else, beyond carrying/wearing/eating your “ally” goods with pride.
All of the above seems to marketise and weaponise behaviour that should be standard practice, good manners if you like, in a society. Do we need a special word for this kind of behaviour or should we strive to make sure we make space for everyone in our society? If individuals or groups gain civil rights, I don’t lose anything, I gain a growing confidence that the society in which I live is improving, that there is some movement (however small) toward equity for all. Societies should not make life more difficult for the people who live in them, regardless of religious or spiritual belief, we have one opportunity to make a good life for ourselves and others and that’s right now, so why seek to dehumanise and disadvantage other humans who are on the same journey as we are.
Ultimately, my main concern with the use of term of “ally” is that it obscures incredibly challenging social harms, with colour and symbols hiding inaction and apathy. Accept the label of “ally”, wear the badge, if you think it has meaning, but if you do nothing else, this is meaningless. if you see inequality and you do not call it out, take action to remedy the situation, the word “ally” means nothing other than an opportunity to make yourself central to the discussion, taking up, rather than making, room for those focused on making a more just society.
I still remain uncomfortable with the term “ally” and I doubt it will ever appear in my lexicon, but it’s worth remembering that an antonym of ally is enemy and nobody needs those.
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Regulation and the Internet
*Trigger warning: article contains mentions of suicide, mental illness and self harm in regard to a recent news article*
It seems that internet usage, regulation and monitoring can be a divisive topic for some. The internet can be a fantastic tool for learning, communicating and employment, among other things. However, as with everything, there is a dark side to it. I once watched a video about the internet and regulation, the narrator likened internet usage to when people drove cars with no seatbelts. The world now has this wonderful tool, with little to no effective safety mechanisms, and with many young people, and vulnerable people being able to view harmful content without regulation, we are seeing extreme and negative repercussions.
I think one of the main appeals of the internet is the inherent freedom that it gives the user, the key word here is freedom. It seems that some people believe that unregulated usage of the internet is now an inherent part of their freedoms. This is perhaps why attempting to further regulate usage could result in disagreement and objection. The topic of internet regulation is a very nuanced topic; it toes the line of freedom and restriction and profit and protection. Algorithms are one way that social media companies can prolong the amount of time a person is scrolling through their newsfeed, for example: If you ‘liked’ a picture of a cat, it is more likely that related content would then be shown to you. For social media companies, more engagement equals more money. The algorithmic style of newsfeeds seems great in theory but they can become harmful. If we replace viewing cat content on Instagram with viewing suicide related content, we can see how this can become very problematic very quickly.
Questions concerning the ‘wild west’ type environment that is the internet are becoming more common. With the recent inquest concerning the suicide of Molly Russel, these questions are even more relevant. Molly Russel saved thousands of images related to self harm and suicide months before her death, posts also included some promoting depressive content and encouragement to not seek the help from a mental health professional. Tech giant Meta’s response in the inquest was that the majority of these posts did not breach their social media posting guidelines (they conceded a few did breach the rules). Their response totally contradicts the reactions of those present at the court, with Molly Russel’s father stating that these images were graphic, dark and harmful. With mental health resources already being stretched beyond capacity, this unregulated environment that is legally accessible to children will surely exacerbate these problems. Molly Russel’s experience will not be the only one, thousands of vulnerable and impressionable people, young and old experience similar things and view similar medias. Whether it be accessing pro-anorexia content, content which promotes weapons and violence or content which advocates for avoiding professional mental health support.
The repercussions of an ineffectively regulated internet are unmeasured and the continuation of this deregulation is for the pursuit of profit fuelled by misguided ideas about what freedom of action and freedom of expression mean.
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Why am I here? An open letter to students
Dear students,
I read Paula’s Friday message last week and it was sobering, but academic engagement is not just about attendance. It’s about doing the reading (and enjoying it because it’s interesting!), it’s about being passionate about social justice, it’s about engaging in conversations with lecturers and your peers. In my view, we are all criminologists – the only difference between you and I is that I have more experience of studying, reading and research. We are here to do the same thing – while students are writing assessments and revising for exams, lecturers are writing theses and papers, or revising their upcoming conference presentations.
Presumably we are all here voluntarily and because we have a shared interest. With the salary of a lecturer, I’m certainly not here for the money. I’m here because around a decade ago I fell into criminology and fell in love with it. I decided in my late 20s to return to education. I’d had my children when I was young so hadn’t done my A-levels so to get into university I had to do an Access course. I was required to select three subjects and I chose English literature, sociology and history. At the very last minute, I swapped history for criminology and here I am. I went straight onto university to complete my undergraduate, Master and now PhD, all in criminology. Why? Because it’s interesting – what’s not to love?
Criminology has broadened my horizons. It challenges my thinking on a daily basis. It has helped my to challenge my assumptions of others. One of the best things about teaching is when I read an essay and a student has proposed an argument that I had not considered before, or when one of you makes a point in a workshop that challenges me – after all, I don’t know everything. These are some of the moments that bring me joy at work. So, I challenge you to speak and write with confidence, to think critically and for yourself.
In the criminology team, we all have our own research interests covering a diverse range of topics. We would welcome you to visit us during our drop in hours to talk about our interests and research. Many who have been taught by me know that I am interested in border criminology which in my case stemmed from my interest in victimology and mass violence. Genocide and mass violence interest me and I wanted to learn more about the impact on victims, so I research asylum seekers – people who have fled conflict and persecution.
Having heard first hand some of the stories of people fleeing persecution, I am passionate about doing what I can to help – as most criminologists are. In criminology, we identify problems, offer solutions, call out injustices and enter into dialogue. For me, this means speaking to others about asylum seekers and challenging assumptions about them. It means submitting evidence to the Home Office when called for, knowing said evidence will be ignored. It means working with third sector organisations to offer help and support, and Jessica James and I are currently setting up a local supporter group for Freedom From Torture to support their work providing psychological help for torture survivors. It means writing blogs, journal articles and book chapters on the subject to help inform others of my research findings.
Being a criminologist is not just about writing assessments – they won’t make you a criminologist. To become a criminologist, you need to engage beyond essays and exams. Ask yourself, what are you interested in? What drew you to criminology? What do you want to learn more about?
I’m sure I am speaking on behalf of the team when I say we would love to spend more time discussing criminology. We are all passionate not only about our research areas, but about criminology as a whole. Tell us what you want to see, to learn, to talk about. Would you attend research seminars or film screenings, a book club (I would love a criminology book club – please email if you’re interested!), criminology themed social nights with lecturers and students present. We could even discuss and plan activist events – I have been known to attend the occasional demonstration outside immigration detention centres (see image above from the evening the first Rwanda flight was planned). Our doors and our ears are open. We want you to find your passion in criminology.
Amy
Thoughts from the criminology team 