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By whose standards?
This blog post takes inspiration from the recent work of Jason Warr, titled ‘Whitening Black Men: Narrative Labour and the Scriptural Economics of Risk and Rehabilitation,’ published in September 2023. In this article, Warr sheds light on the experiences of young Black men incarcerated in prisons and their navigation through the criminal justice system’s agencies. He makes a compelling argument that the evaluation and judgment of these young Black individuals are filtered through a lens of “Whiteness,” and an unfair system that perceives Black ideations as somewhat negative.
In his careful analysis, Warr contends that Black men in prisons are expected to conform to rules and norms that he characterises as representing a ‘White space.’ This expectation of adherence to predominantly White cultural standards not only impacts the effectiveness of rehabilitation programmes but also fails to consider the distinct cultural nuances of Blackness. With eloquence, Warr (2023, p. 1094) reminds us that ‘there is an inherent ‘whiteness’ in behavioural expectations interwoven with conceptions of rehabilitation built into ‘treatment programmes’ delivered in prisons in the West’.
Of course, the expectation of adhering to predominantly White cultural norms transcends the prison system and permeates numerous other societal institutions. I recall a former colleague who conducted doctoral research in social care, asserting that Black parents are often expected to raise and discipline their children through a ‘White’ lens that fails to resonate with their lived experiences. Similarly, in the realm of music, prior to the mainstream acceptance of hip-hop, Black rappers frequently voiced their struggles for recognition and validation within the industry due similar reasons. This phenomenon extends to award ceremonies for Black actors and entertainers as well. In fact, the enduring attainment gap among Black students is a manifestation of this issue, where some students find themselves unfairly judged for not innately meeting standards set by a select few individuals. Consequently, the significant contributions of Black communities across various domains – including fashion, science and technology, workplaces, education, arts, etc – are sometimes dismissed as substandard or lacking in quality.
The standards I’m questioning in this blog are not solely those shaped by a ‘White’ cultural lens but also those determined by small groups within society. Across various spheres of life, whether in broader society or professional settings, we frequently encounter phrases like “industry best practices,” “societal norms,” or “professional standards” used to dictate how things should be done.
However, it’s crucial to pause and ask:
By whose standards are these determined?
And are they truly representative of the most inclusive and equitable practices?
This is not to say we should discard all concepts of cultural traditions or ‘best practices’. But we need to critically examine the forces that establish standards that we are sometimes forced to follow. Not only do we need to examine them, we must also be willing to evolve them when necessary to be more equitable and inclusive of our full societal diversity.
Minority groups (by minority groups here, I include minorities in race, class, and gender) face unreasonably high barriers to success and recognition – where standards are determined only by a small group – inevitably representing their own identity, beliefs and values.
So in my opinion, rather than defaulting to de facto norms and standards set by a privileged few, we should proactively construct standards that blend the best wisdom from all groups and uplift underrepresented voices – and I mean standards that truly work for everyone.
References
Warr, J. (2023). Whitening Black Men: Narrative Labour and the Scriptural Economics of Risk and Rehabilitation, The British Journal of Criminology, Volume 63, Issue 5, Pages 1091–1107, https://doi.org/10.1093/bjc/azac066
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Is Easter relevant?
What if I was to ask you what images will you conjure regarding Easter? For many pictures of yellow chicks, ducklings, bunnies, and colourful eggs! This sounds like a celebration of the rebirth of nature, nothing too religious. As for the hot cross buns, these come to our local stores across the year. The calendar marks it as a spring break without any significant reference to the religion that underpins the origin of the holiday. Easter is a moving celebration that observers the lunar calendar like other religious festivals dictated by the equinox of spring and the first full moon. It replaces previous Greco-Roman holidays, and it takes its influence for the Hebrew Passover. For those who regard themselves as Christians, the message Easter encapsulates is part of their pillars of faith. The main message is that Jesus, the son of God, was arrested for sedition and blasphemy, went through two types of trials representing two different forms of justice; a secular and a religious court which found him guilty. He was convicted of all charges, sentenced to death, and executed the day after sentencing. This was exceptional speed for a justice system that many countries will envy. By all accounts, this man who claimed to be king and divine became a convicted felon put to death for his crimes. The Christian message focuses primarily on what happened next. Allegedly the body of the dead man is placed in a sealed grave only to be resurrected (return from the death, body and spirit) roamed the earth for about 40 days until he ascended into heavens with the promise to be back in the second coming. Christian scholars have been spending time and hours discussing the representation of this miracle. The central core of Christianity is the victory of life over death. The official line is quite remarkable and provided Christians with an opportunity to admire their head of their church.
What if this was not really the most important message in the story? What if the focus was not on the resurrection but on human suffering. The night before his arrest Jesus, according to the New Testament will ask “Father, if thou be willing, remove this cup from me” in a last attempt to avoid the humiliation and torture that was to come. In Criminology, we recognise in people’s actions free will, and as such, in a momentary lapse of judgment, this man will seek to avoid what is to come. The forthcoming arrest after being identified with a kiss (most unique line-up in history) will be followed by torture. This form of judicial torture is described in grim detail in the scriptures and provides a contrast to the triumph of the end with the resurrection. Theologically, this makes good sense, but it does not relate to the collective human experience. Legal systems across time have been used to judge and to punish people according to their deeds. Human suffering in punishment seems to be centred on bringing back balance to the harm incurred by the crime committed. Then there are those who serve as an example of those who take the punishment, not because they accept their actions are wrong, but because their convictions are those that rise above the legal frameworks of their time. When Socrates was condemned to death, his students came to rescue him, but he insisted on ingesting the poison. His action was not of the crime but of the nature of the society he envisaged. When Jesus is met with the guard in the garden of Gethsemane, he could have left in the dark of the night, but he stays on. These criminals challenge the orthodoxy of legal rights and, most importantly, our perception that all crimes are bad, and criminals deserve punishment.
Bunnies are nice and for some even cuddly creatures, eggs can be colourful and delicious, especially if made of chocolate, but they do not contain that most important criminological message of the day. Convictions and principles for those who have them, may bring them to clash with authorities, they may even be regarded as criminals but every now and then they set some new standards of where we wish to travel in our human journey. So, to answer my own question, religiosity and different faiths come and go, but values remain to remind us that we have more in common than in opposition.
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What’s happened to the Pandora papers?
Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.
We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.
These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span.
To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.
While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.
I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’. I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.
References
BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)
Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge
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DIE in Solidarity with Diversity-Inclusion-Equality
As an associate lecturer on a casual contract, I was glad to stand in solidarity with my friends and colleagues also striking as part of UCU Industrial Action. Concurrently, I was also glad to stand in solidarity with students (as a recent former undergrad and masters student … I get it), students who simply want a better education, including having a curriculum that represents them (not a privileged minority). I wrote this poem for the students and staff taking part in strike action, and it comes inspired from the lip service universities give to doing equality while undermining those that actually do it (meanwhile universities refuse to put in the investment required). This piece also comes inspired by ‘This is Not a Humanising Poem’ by Suhaiymah Manzoor-Khan, a British author-educator from Bradford in Yorkshire.
Some issues force you to protest
the way oppression knocks on your front door
and you can’t block out the noise
“protest peacefully, non-violently”
I have heard people say
show ‘the undecided’, passive respectability
be quiet, leave parts of yourself at home
show them you’re just as capable of being liked
enough for promotion into the canteen,
protest with kindness and humour
make allusions to smiling resisters in literature
they’d rather passive images of Rosa Parks all honestly
but not her politics against racism, patriarchy, and misogyny
but I wanna tell them about British histories of dissent
the good and the bad – 1919 Race Riots
the 1926 general strikes, and the not so quiet
interwar years of Caribbean resistance to military conscription
I wanna talk about how Pride was originally a protest
I wanna talk about the Grunwick Strike and Jayaben Desai
and the Yorkshire miners that came to London in solidarity
with South Asian migrant women in what was 1980s austerity
I want to rant about Thatcherism as the base
for the neoliberal university culture we work in today
I want to talk about the Poll Tax Riots of 1990
and the current whitewashing of the climate emergency
they want protesters to be frugal in activism,
don’t decolonise the curriculum
they say decolonise
they mean monetise, let’s diversify …
but not that sort of diversity
nothing too political, critical, intellectual
transform lives, inspire change?
But no,
they will make problems out of people who complain
it’s your fault, for not being able to concentrate
in workplaces that separate the work you do
from the effects of Black Lives Matter and #MeToo
they make you the problem
they make you want to leave
unwilling to acknowledge that universities
discriminate against staff and students systemically
POCs, working-class, international, disabled, LGBT
but let’s show the eligibility of staff networks
while senior leaders disproportionately hire TERFs
staff and students chequered with severe floggings
body maps of indenture and slavery
like hieroglyphics made of flesh
but good degrees, are not the only thing that hold meaning
workers rights, students’ rights to education
so this will not be a ‘people are human’ poem
we are beyond respectability now
however, you know universities will DIE on that hill
instead,
treat us well when we’re tired
productive, upset, frustrated
when we’re in back-to-back global crises
COVID-19, Black Lives Matter, femicide,
failing in class, time wasting, without the right visas,
the right accents; Black, white, homeless, in poverty,
women, trans, when we’re not A-Grade students, when we don’t
have the right last name; when we’re suicidal
when people are anxious, depressed, autistic
tick-box statistics within unprotected characteristics
all permeates through workers’ and student rights
When you see staff on strike now,
we’re protesting things related to jobs yes,
but also, the after-effects
as institutions always protect themselves
so sometimes I think about
when senior management vote on policies…
if there’s a difference between the nice ones ticking boxes
and the other ones that scatter white supremacy?
I wonder if it’s about diversity, inclusion, and equality [DIE],
how come they discriminate in the name of transforming lives
how come Black students are questioned (under caution) in disciplinaries
like this is the London Met maintaining law and order …
upholding canteen cultures of policing
Black and Brown bodies. Decolonisation is more
than the curriculum; Tuck and Yang
tell us decolonisation is not a metaphor,
so why is it used in meetings as lip service –
why aren’t staff hired in
in critical race studies, whiteness studies, decolonial studies
why is liberation politics and anti-racism not at the heart of this
why are mediocre white men failing upwards,
they tell me we have misunderstood
but promotion based on merit doesn’t exist
bell hooks called this
imperialist heteropatriarchal white supremacy
you know Free Palestine, Black Lives Matter, and the rest
we must protest how we want to protest
we must never be silenced; is this being me radical, am I radical
Cos I’m tired of being called a “millennial lefty snowflake”, when I’m just trying not to DIE?!
Further Reading
Ahmed, Sara (2012) On Being Included: Racism and Diversity in Institutional Life. London: Duke.
Ahmed, Sara (2021) Complaint. London: Duke.
Bhanot, Kavita (2015) Decolonise, Not Diversify. Media Diversified [online].
Double Down News (2021) This Is England: Ash Sakar’s Alternative Race Report. YouTube.
Chen, Sophia (2020) The Equity-Diversity-Inclusion Industrial Complex Gets a Makeover. Wired [online].
Puwar, Nirmal (2004) Space Invaders: Race, Gender and Bodies Out of Place. Oxford: Berg.
Read, Bridget (2021) Doing the Work at Work What are companies desperate for diversity consultants actually buying? The Cut [online].
Ventour, Tré (2021) Telling it Like it is: Decolonisation is Not Diversity. Diverse Educators [online].
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The pathology of performance management: obscuration, manipulation and power
My colleague @manosdaskalou’s recent blog Do we have to care prompted me to think about how data is used to inform government, its agencies and other organisations. This in turn led me back to the ideas of New Public Management (NPM), later to morph into what some authors called Administrative Management. For some of you that have read about NPM and its various iterations and for those of you that have lived through it, you will know that the success or failure of organisations was seen through a lens of objectives, targets and performance indicators or Key Performance Indicators (KPIs). In the early 1980s and for a decade or so thereafter, Vision statements, Mission statements, objectives, targets, KPI’s and league tables, both formal and informal became the new lingua franca for public sector bodies, alongside terms such as ‘thinking outside the box’ or ‘blue sky thinking’. Added to this was the media frenzy when data was released showing how organisations were somehow failing.
Policing was a little late joining the party, predominately as many an author has suggested, for political reasons which had something to do with neutering the unions; considered a threat to right wing capitalist ideologies. But policing could not avoid the evidence provided by the data. In the late 1980s and beyond, crime was inexorably on the rise and significant increases in police funding didn’t seem to stem the tide. Any self-respecting criminologist will tell you that the link between crime and policing is tenuous at best. But when politicians decide that there is a link and the police state there definitely is, demonstrated by the misleading and at best naïve mantra, give us more resources and we will control crime, then it is little wonder that the police were made to fall in line with every other public sector body, adopting NPM as the nirvana.
Since crime is so vaguely linked to policing, it was little wonder that the police managed to fail to meet targets on almost every level. At one stage there were over 400 KPIs from Her Majesty’s Inspectorate of Constabulary, let alone the rest imposed by government and the now defunct Audit Commission. This resulted in what was described as an audit explosion, a whole industry around collecting, manipulating and publishing data. Chief Constables were held to account for the poor performance and in some cases chief officers started to adopt styles of management akin to COMPSTAT, a tactic born in the New York police department, alongside the much vaunted ‘zero tolerance policing’ style. At first both were seen as progressive. Later, it became clear that COMPSTAT was just another way of bullying in the workplace and zero tolerance policing was totally out of kilter with the ethos of policing in England and Wales, but it certainly left an indelible mark.
As chief officers pushed the responsibility for meeting targets downwards through so called Performance and Development Reviews (PDRs), managers at all levels became somewhat creative with the crime figures and manipulating the rules around how crime is both recorded and detected. This working practice was pushed further down the line so that officers on the front line failed to record crime and became more interested in how to increase their own detection rates by choosing to pick what became known in academic circles as’ low hanging fruit’. Easy detections, usually associated with minor crime such as possession of cannabis, and inevitably to the detriment of young people and minority ethnic groups. How else do you produce what is required when you have so little impact on the real problem? Nobody, perhaps save for some enlightened academics, could see what the problem was. If you aren’t too sure let me spell it out, the police were never going to produce pleasing statistics because there was too much about the crime phenomenon that was outside of their control. The only way to do so was to cheat. To borrow a phrase from a recent Inquiry into policing, this was quite simply ‘institutional corruption’.
In the late 1990s the bubble began to burst to some extent. A series of inquiries and inspections showed that the police were manipulating data; queue another media frenzy. The National Crime Recording Standard came to fruition and with it another audit explosion. The auditing stopped and the manipulation increased, old habits die hard, so the auditing started again. In the meantime, the media and politicians and all those that mattered (at least that’s what they think) used crime data and criminal justice statistics as if they were somehow a spotlight on what was really happening. So, accurate when you want to show that the criminal justice system is failing but grossly inaccurate when you can show the data is being manipulated. For the media, they got their cake and were scoffing on it.
But it isn’t just about the data being accurate, it is also about it being politically acceptable at both the macro and micro level. The data at the macro level is very often somehow divorced from the micro. For example, in order for the police to record and carry out enquiries to detect a crime there needs to be sufficient resources to enable officers to attend a reported crime incident in a timely manner. In one police force, previous work around how many officers were required to respond to incidents in any given 24-hour period was carefully researched, triangulating various sources of data. This resulted in a formula that provided the optimum number of officers required, taking into account officers training, days off, sickness, briefings, paperwork and enquiries. It considered volumes and seriousness of incidents at various periods of time and the number of officers required for each incident. It also considered redundant time, that is time that officers are engaged in activities that are not directly related to attending incidents. For example, time to load up and get the patrol car ready for patrol, time to go to the toilet, time to get a drink, time to answer emails and a myriad of other necessary human activities. The end result was that the formula indicated that nearly double the number of officers were required than were available. It really couldn’t have come as any surprise to senior management as the force struggled to attend incidents in a timely fashion on a daily basis. The dilemma though was there was no funding for those additional officers, so the solution, change the formula and obscure and manipulate the data.
With data, it seems, comes power. It doesn’t matter how good the data is, all that matters is that it can be used pejoratively. Politicians can hold organisations to account through the use of data. Managers in organisations can hold their employees to account through the use of data. And those of us that are being held to account, are either told we are failing or made to feel like we are. I think a colleague of mine would call this ‘institutional violence’. How accurate the data is, or what it tells you, or more to the point doesn’t, is irrelevant, it is the power that is derived from the data that matters. The underlying issues and problems that have a significant contribution to the so called ‘poor performance’ are obscured by manipulation of data and facts. How else would managers hold you to account without that data? And whilst you may point to so many other factors that contribute to the data, it is after all just seen as an excuse. Such is the power of the data that if you are not performing badly, you still feel like you are.
The above account is predominantly about policing because that is my background. I was fortunate that I became far more informed about NPM and the unintended consequences of the performance culture and over reliance on data due to my academic endeavours in the latter part of my policing career. Academia it seemed to me, had seen through this nonsense and academics were writing about it. But it seems, somewhat disappointingly, that the very same managerialist ideals and practices pervade academia. You really would have thought they’d know better.
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The Case of Mr Frederick Park and Mr Ernest Boulton
As a twenty-first century cis woman, I cannot directly identify with the people detailed below. However, I feel it important to mark LGBT+ History Month, recognising that so much history has been lost. This is detrimental to society’s understanding and hides the contribution that so many individuals have made to British and indeed, world history. What follows was the basis of a lecture I first delivered in the module CRI1006 True Crimes and Other Fictions but its roots are little longer
Some years ago I bought a very dear friend tickets for us to go and see a play in London (after almost a year of lockdowns, it seems very strange to write about the theatre).. I’d read a review of the play in The Guardian and both the production and the setting sounded very interesting. As a fan of Oscar Wilde’s writing, particularly The Ballad of Reading Gaol and De Profundis (both particularly suited to criminological tastes) and a long held fascination with Polari, the play sounded appealing. Nothing particularly unusual on the surface, but the experience, the play and the actors we watched that evening, were extraordinary. The play is entitled Fanny and Stella: The SHOCKING True Story and the theatre, Above the Stag in Vauxhall, London. Self-described as The UK’s LGBTQIA+ theatre, Above the Stag is often described as an intimate setting. Little did we know how intimate the setting would be. It’s a beautiful, tiny space, where the actors are close enough to just reach out and touch. All of the action (and the singing) happen right before your eyes. Believe me, with songs like Sodomy on the Strand and Where Has My Fanny Gone there is plenty to enjoy. If you ever get the opportunity to go to this theatre, for this play, or any other, grab the opportunity.
So who were Fanny and Stella? Christened Frederick Park (1848-1881) and Ernest Boulton (1848-1901), their early lives are largely undocumented beyond the very basics. Park’s father was a judge, Boulton, the son of a stockbroker. As perhaps was usual for the time, both sons followed their respective fathers into similar trades, Park training as an articled clerk, Boulton, working as a trainee bank clerk. In addition, both were employed to act within music halls and theatres. So far nothing extraordinary….
But on the 29 April 1870 as Fanny and Stella left the Strand Theatre they were accosted by undercover police officers;
‘“I’m a police officer from Bow Street […] and I have every reason to believe that you are men in female attire and you will have to come to Bow Street with me now”’
(no reference, cited in McKenna, 2013: 7)
Upon arrest, both Fanny and Stella told the police officers that they were men and at the police station they provided their full names and addresses. They were then stripped naked, making it obvious to the onlooking officers that both Fanny and Stella were (physically typical) males. By now, the police had all the evidence they needed to support the claims made at the point of arrest. However, they were not satisfied and proceeded to submit the men to a physically violent examination designed to identify if the men had engaged in anal sex. This was in order to charge both Fanny and Stella with the offence of buggery (also known as sodomy). The charges when they came, were as follows:
‘they did with each and one another feloniously commit the abominable crime of buggery’
‘they did unlawfully conspire together , and with divers other persons, feloniously, to commit the said crimes’
‘they did unlawfully conspire together , and with divers other persons, to induce and incite other persons, feloniously, to commit the said crimes’
‘they being men, did unlawfully conspire together, and with divers others, to disguise themselves as women and to frequent places of public resort, so disguised, and to thereby openly and scandalously outrage public decency and corrupt public morals’
Trial transcript cited in McKenna (2013: 35)
It is worth noting that until 1861 the penalty for being found guilty of buggery was death. After 1861 the penalty changed to penal servitude with hard labour for life.
You’ll be delighted to know, I am not going to give any spoilers, you need to read the book or even better, see the play. But I think it is important to consider the many complex facets of telling stories from the past, including public/private lives, the ethics of writing about the dead, the importance of doing justice to the narrative, whilst also shining a light on to hidden communities, social histories and “ordinary” people. Fanny and Stella’s lives were firmly set in the 19th century, a time when photography was a very expensive and stylised art, when social media was not even a twinkle in the eye. Thus their lives, like so many others throughout history, were primarily expected to be private, notwithstanding their theatrical performances. Furthermore, sexual activity, even today, is generally a private matter and there (thankfully) seems to be no evidence of a Victorian equivalent of the “dick pic”! Sexual activity, sexual thoughts, sexuality and so on are generally private and even when shared, kept between a select group of people.
This means that authors working on historical sexual cases, such as that of Fanny and Stella, are left with very partial evidence. Furthermore, the evidence which exists is institutionally acquired, that is we only know their story through the ignominy of their criminal justice records. We know nothing of their private thoughts, we have no idea of their sexual preferences or fantasies. Certainly, the term ‘homosexual’ did not emerge until the late 1860s in Germany, so it is unlikely they would have used that language to describe themselves. Likewise, the terms transvestite, transsexual and transgender did not appear until 1910s, 1940s and 1960s respectively so Fanny and Stella could not use any of these as descriptors. Despite the blue plaque above, we have no evidence to suggest that they ever described themselves as ‘cross-dressers’ In short, we have no idea how either Fanny or Stella perceived of themselves or how they constructed their individual life stories. Instead, authors such as Neil McKenna, close the gaps in order to create a seamless narrative.
McKenna calls upon an excellent range of different archival material for his book (upon which the play is based). These include:
- National Archives in Kew
- British Library/British Newspaper Library, London
- Metropolitan Police Service Archive, London
- Wellcome Institute, London
- Parliamentary Archives, London
- Libraries of the Royal Colleges of Surgeons, London and Edinburgh
- National Archives of Scotland
Nevertheless, these archives do not contain the level of personal detail, required to tell a fascinating story. Instead the author draws upon his own knowledge and understanding to bring these characters to life. Of course, no author writes in a vacuum and we all have a standpoint which impacts on the way in which we understand the world. So whilst, we know the institutional version of some part of Fanny and Stella’s life, we can never know their inner most thoughts or how they thought of themselves and each other. Any decision to include content which is not supported by evidence is fraught with difficulty and runs the risk of exaggeration or misinterpretation. A constant reminder that the two at the centre of the case are dead and justice needs to be done to a narrative where there is no right of response.
It is clear that both the book and the play contain elements that we cannot be certain are reflective of Fanny and Stella’s lives or the world they moved in. The alternative is to allow their story to be left unknown or only told through police and court records. Both would be a huge shame. As long as we remember that their story is one of fragile human beings, with many strengths and frailties, narratives such as this allow us a brief glimpse into a hidden community and two, not so ordinary people. But we also need to bear in mind that in this case, as with Oscar Wilde, the focus is on the flamboyantly illicit and tells us little about the lived experience of some many others whose voices and experiences are lost in time..
References
McKenna, Neil, (2013), Fanny and Stella: The Young Men Who Shocked Victorian England, (London: Faber and Faber Ltd.) Norton, Rictor, (2005), ‘Recovering Gay History from the Old Bailey,’ The London Journal, 30, 1: 39-54 Old Bailey Online, (2003-2018), ‘The Proceedings of the Old Bailey,’ The Old Baily Online, [online]. Available from: https://www.oldbaileyonline.org/ [Last accessed 25 February 2021]
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Managerialism, students and the language of failure
Imagine that every professional or semi-professional footballer in the country had the same ability and the same fitness levels. How would it be possible to distinguish between them, how would league tables be established, who would play for the top teams? Nonsense of course because we know that not every football player can have the same ability or fitness levels for that matter. And there is a myriad of reasons why this may be the case. However, there is probably little doubt that those that have been professionally coached, even at the lowest level in the professional game can run rings round most part time amateur players.
Not everyone can be at the top, in the Premier League. If we took a sample of players across the leagues and were to somehow measure ability then the likelihood would be that we would find a normal distribution, a bell curve, with most players having average ability and a few with amazing ability and a few with some but perhaps inconsistent ability. It is probably likely that we would find those with the most ability in the Premier League and those with the least in lower or non-league clubs and these are probably semi-professional or amateurs. Perhaps it would be prudent to reiterate that those with the least ability are still way ahead of those that do not play football or just dabble in it occasionally. This then is not to say that those at the lower end of the skills distribution curve are rubbish at playing football, just that they, for whatever reason, are not as skilled as those on the opposite side of the curve. And those that have average skill i.e., the greatest number of footballers, are very good but not quite as good as the most skilled. Make sense so far, I hope so?
If we apply the logic to the skill of footballers can we not apply the logic elsewhere, in particular to university students. Surely, in terms of academic ability, we would find that there were those at the one end of the curve achieving A and B grades or 1st degrees and then the majority in the middle perhaps achieving C and D grades of course tailing off to those that are achieving perhaps low D and F grades. We would probably hope to find a normal distribution curve of sorts. We could probably say that those with lower grades have far greater academic ability than anyone that hasn’t attended university. We could certainly say that the majority i.e. those getting C and higher D grades are good or very good academically when compared to someone that hasn’t attended university but not quite as good as those achieving A and B grades. The assessment grading criteria seems to confirm this, a D grade is labelled as ‘satisfactory’, a C grade ‘commended’ a B grade ‘of merit’ and an A grade ‘distinguished’. Just to reiterate, achieving a D grade suggests a student has displayed ‘satisfactory’ academic ability and met the requisite ‘learning outcomes’.
Why is it then that degrees at institutional level are measured in terms of ‘good degrees’? These are a ‘1st and 2.1. At programme level we talk of ‘good grades’, ‘A’ grades and ‘B’ grades. The antithesis of ‘good’ is ‘bad’. This logic then, this managerialist measurement, suggests that anything that is not a 1st or a 2.1 or an ‘A’ or ‘B’ grade is in fact a ‘bad’ grade. Extending the logic further and drawing on more managerial madness, targets are set that suggest 80% of students should achieve a ‘good grade’. A skewing of a distribution curve that would defeat even the best statistician and would have Einstein baffled.
Let me revisit the football analogy, using the above language and measurements, a comparison would suggest that any player outside of the Premier League is in fact a ‘bad’ player. Not only that but a target should be set where 80% of players should be in the Premier League. The other leagues then appear to be irrelevant despite the fact that they make up probably 90% of the national game and prop up the Premier League in one form or another.
With such a use of language and a desire to simplify the academic world so that it can be reduced to some form of managerial measurement, it is little wonder that perfectly capable students consider their work to be a failure when they earn anything less than an A or B grade or do not achieve a 1st or 2.1 degree.
It is not the students that are failing but higher education and academic institutions in their inability to devise more sophisticated and meaningful measurements. In the meantime, students become more and more stressed and disheartened because their significant academic achievements fail to be recognised as achievements but are instead seen at an institutional level as failures.
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A Love Letter: in praise of art
Some time ago, I wrote ‘A Love Letter: in praise of poetry‘, making the case as to why this literary form is important to understanding the lived experience. This time, I intend to do similar in relation to visual art.
Tomorrow, I’m plan to make my annual visit to the Koestler Arts’ Exhibition on show at London’s Southbank Centre. This year’s exhibition is entitled Another Me and is curated by the musician, Soweto Kinch. Previous exhibitions have been curated by Benjamin Zephaniah, Antony Gormley and prisoners’ families. Each of the exhibitions contain a diverse range of unique pieces, displaying the sheer range of artistic endeavours from sculpture, to pastels and from music to embroidery. This annual exhibition has an obvious link to criminology, all submissions are from incarcerated people. However, art, regardless of medium, has lots of interest to criminologists and many other scholars.
I have never formally studied art, my reactions and interpretations are entirely personal. I reason that the skills inherent in criminological critique and analysis are applicable, whatever the context or medium. The picture above shows 4 of my favourite pieces of art (there are many others). Each of these, in their own unique way, allow me to explore the world in which we all live. For me, each illustrate aspects of social (in)justice, social harms, institutional violence and the fight for human rights. You may dislike my choices. arguing that graffiti (Banksy) and photography (Mona Hatoum) have no place within art proper. You may disagree with my interpretation of these pieces, dismissing them as pure ephemera, forgotten as quickly as they are seen and that is the beauty of discourse.
Nonetheless, for me they capture the quintessential essence of criminology. It is a positive discipline, focused on what “ought” to be, rather than what is. To stand small, in front of Picasso’s (1937) enormous canvas Guernica allows for consideration of the sheer scale of destruction, inherent in mechanised warfare. Likewise, Banksy’s (2005) The Kissing Coppers provides an interesting juxtaposition of the upholders of the law behaving in such a way that their predecessors would have persecuted them. Each of the art pieces I have selected show that over time and space, the behaviours remain the same, the only change, the level of approbation applied from without.
Art galleries and museums can appear terrifying places, open only to a select few. Those that understand the rules of art, those who make the right noises, those that have the language to describe what they see. This is a fallacy, art belongs to all of us. If you don’t believe me, take a trip to the Southbank Centre very soon. It’s not scary, nobody will ask you questions, everyone is just there to see the art. Who knows you might just find something that calls out to you and helps to spark your criminological imagination. You’ll have to hurry though…closes 3 November, don’t miss out!
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How to prepare for a year in University
In our society consumerism seems to rain supreme. We can buy stuff to make us feel better and we can buy more stuff to express our feeling to others and mark almost most events around us. Retail and especially all the shops have long been aware of this and so they have developed their seasonal material. These seasonal promotions may have become consumer events now although they do signify something incredibly important to culture and our collective consciousness. There is time for Christmas decorations and festive foods, Easter time and chocolate eggs, mother’s day and nauseating cards father’s day for equally grinchworthy cards. There is valentine’s day to say I love you in full fat chocolates, Halloween to give little kids rotten teeth and a red poppy to remember some of our dead. To those add the summer season with the disposable BBQs and of course the back to school season!
The back to school is one of the interesting ones. Geared to prepare pupils and parents for going back to school and plan ahead. From ordering the uniforms to getting all the stationery and books required. I remember this time of the year with some rather mixed emotions. It was the end of my summer holidays, but it was also the time to get back to school. Until one day I finished school and I went to university. Education is seen as part of a continuous process that we are actively involved from the first day at school to the last day in high school and more recently for more people also involve the first day of going to university. Every year is more challenging than the next, but we move up and continue. For those of us who enjoy education we continue the journey further to further or high education.
There is something to said about the preparation process coming to University; it is interesting seeing advertisements on education this time of the year on the tv and social media promoting stuff for this transition; from the got to have smartphone to the best laptop, the fastest printer scanner all in one thingy to the greatest sound system and many more stuff that would get you ready for the year ahead. Do they really help us out and if not, what do we got to do to prepare for coming to university?
Unfortunately, there is no standard formula here but there is a reason for that. Higher education is adult education. This is the first time in our educational journey that we are sitting firmly on the driving seat. We choose to study (or ought to) what we wish to study. It is an incredibly liberating process to have choice. This however is only the beginning. We make plans of our time. In higher education the bulk of the time required is independent study, and as such we got to negotiate how we will plan our time. We got to decide which reading we are going to do first which notes to read what seminar we shall prepare and what assignment we will make a draft of.
There will be days spent in the library looking for a book, days in a coffee shop talking to fellow students about the seminar reading, days in the learning hub working on an assignment. There are highs, lows and everything in between. But regardless of the emotion at every stage thee will be a sense of ownership of knowledge.
In the first couple of sessions, the bulk of the students keep quiet expecting the correct answer to be given. One interpretation or one truth that describes all. It takes a few times before the realisation emerges that the way we analyse, and project knowledge can be different provided we go through the same processes of scrutiny and analysis. Then conversation emerges and the more reading the better the quality of the ideas that shall emerge.
The first year at University is definitely a declaration of independence and the realisation that we all have a voice. Getting on to the road on empowerment. This is a long journey, and on occasions arduous but incredibly rewarding because it leads to an insight greater than before that removes ignorance and lifts the veil of the unfamiliar.
To our newest students – Welcome to the University and to our returning 2 and 3 years – Welcome back!
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‘Quelle surprise’: it’s all in the timing.
“Inauguration of Polish EU Presidency (011)” by Bruce MacRae is licensed under CC BY-NC-SA 2.0 edited by SH
The Office of National Statistics has admitted to some frailties in its data collection around migration. What a shock it must have been to discover that the manner in which it collected the data was somewhat flawed, so much so that they have now downgraded the data to ‘experimental’.
It might seem almost laughable that an organisation that prides itself in, and espouses data accuracy and has in the past criticised police recorded figures for being inaccurate (we know they are) has itself fallen foul of inaccuracies brought about by its own ill thought out data gathering attempts. The issue though is far greater than simple school boy errors, these figures have had a major impact on government policy for years around immigration with calls for greater control of our borders and the inevitable identification of the ‘other’.
The figures seem to be erroneous from somewhere between the mid-2000s and 2016, although it is unclear how accurate they are now. New analysis shows that European Union net migration was 16% higher in 2015-16 than first thought. Whilst the ONS admits that its estimation of net migration from non-EU countries is overestimated, it is not clear exactly by how much this might be.
Such a faux pas led to the story hitting the news; ‘EU migration to UK ‘underestimated’ by ONS’ (BBC, 2019) and ‘Office for National Statistics downgrades ‘not fully reliable’ official immigration data as experts claim figures have been ‘systematically under-estimating net migration from EU countries’ (Daily Mail, 2019).
So, there we are the ONS gets statistics wrong as well and the adjusted figures simply support what Brexiteers have been telling everyone all along. But why release the figures now? When were these errors identified? Surely if they have been inaccurate until 2016 then the mistake must have been found some short time after that. So why wait until the eleventh hour when ‘Brexit means Brexit’ is about to come to a calamitous conclusion? And why those headlines? Why not the headline ‘Big mistake: net migration from outside the EU vastly overestimated’?
I’m not one to subscribe to conspiracy theories but at times it is difficult to overlook the blindingly obvious. So called independent bodies may not be that independent, the puppet master pulls the strings and the puppets dance. Little value in headlining facts that do not support the right-wing rhetoric but great political value to be had in muddying the waters about the EU and open borders.
This discourse ignores the value of migration and simply plays on the fears of the populace, these are well rehearsed and now age-old arguments that I and many others have made*. The concern though is when ‘independent institutions’ subtly start to join in the furore and the moral compass starts to become distorted, subjugated to political ideals. I can’t help but wonder, what would Durkheim make of it?
* It is well worth watching Hollie McNish’s Mathematics on YouTube.
Thoughts from the criminology team 