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“A small case of injustice”
Pride as a movement in the UK but also across the world signals a history of struggles for LGBTQ+ community and their recognition of their civil rights. A long journey fraught with difficulties from decriminalisation to legalisation and the eventual acceptance of equal civil rights. The movement is generational, and in its long history revealed the way social reactions mark our relationship to morality, prejudice, criminalisation and the recognition of individual rights. In the midst of this struggle, which is ongoing, some people lost their lives, others fell compelled to end theirs whilst others suffer social humiliation, given one of the many colourful pejoratives the English language reserved for whose accused or suspected for being homosexuals.
This blog will focus on one of the elements that demonstrates the relationship between the group of people identified homosexual and the law. In sociological terms, marginalised groups, has a meaning and signals how social exclusion operates against some groups of people, in these case homosexuals but it does apply to any group. These groups face a “sharper end” of the law, that presumably is equal to all. This is the fallacy of the law; that there are no inherent unfairness or injustice in laws. The contention for marginalised groups is that there are presumptions in the law on purported normality that disallows them to engage fully with the wider community in some cases forced to live a life that leads all the way to segregation.
Take for example “entrapment”. Originally the practice was used by law enforcement officers to identify counterfeit money, later to investigate the sales of untaxed tobacco or the use of unlicensed taxis. The investigation in law allows for the protection of the public, non uniform officers to pose as customers in order to reveal criminalities that occur in the dark corners of society. The focus predominantly was to protect consumers and the treasury from unpaid tax. So, from that how did the law enforcement officers use it to arrest homosexuals? It is interesting to note we can separate the letter of the law as opposed to the spirit of the law. This distinction is an important one criminologically whilst for the law enforcement agencies evidently there is no such distinction.
The most recent celebrity case led to the arrest of George Michael in Los Angeles, US; the operation led to the outing of the artist and his conviction. As a practice across many years, entrapment played a significant part in the way numerous homosexuals found themselves arrested given a criminal record, loss of employment and in some cases ending up in prison. It is important to note that prior to the Sexual Offences Act of 1967, the biggest sexual crime in England and Wales was that of homosexuality (recorded as indecency or buggery). It took decades for that statistic to change, although historically remains still the highest category.
The practice of entrapment employed by the police demonstrates the uphill struggle the LGBTQ+ community faced. Not only they had to deal with social repulsion of the wider community that detested, both their practices and their existence, but also with public officials who used entrapment to criminalise them. This was happening whilst the professionals were divided about the origins of homosexual “anomaly” and how to deal with it, the practice of entrapment added new convictions and supplied more humiliation to those arrested. For the record, the criminological community was split along theoretical lines on this; the classicists such as Bentham argued for the decriminalisation of sodomy whilst the positivists namely Lombroso considered homosexuals to be in the class of moral criminals (one of the worst because they are undeterred) .
The issue however is neither theoretical, nor conceptual; for those who were aware of their sexuality it was real and pressing. During the post WWII civil rights movement, people started taking note of individual differences and how these should be protected by privacy laws allowing those who do not meet the prescribed “normal” lifestyles to be allowed to live. It emerged that people who were successful in their professional lives, like Alan Turing, John Forbes Nash Jr, John Gielgud etc etc, found themselves facing criminal procedures, following string operations from the police. This injustice became more and more evident raising the profile of the change in the law but also in the social attitudes.
In 2001 Lord Nicholls of Birkenhead addressed the issue of entrapment head on. In his judgement in Regina v Looseley:
“It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.”
This was the most damming condemnation of the practice of entrapment and a vindication for all those who faced prosecution as the unintended consequence of the practise. For the record, in 2017 under the Policing and Crime Act, included the “Alan Turing law” that pardoned men who were cautioned or convicted for historical homosexual acts. The amnesty received mixed reviews and some of those who could apply for denied doing so because that would require admission of wrongdoing. The struggle continues…
Regina v Looseley, 2001 https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/loose-1.htm
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“Things you need to know about criminology”: A student perspective – Bonnie Middleton (2017-2020)
We are all living in very strange times, not sure when life will return to normal...but if you're thinking about studying criminology, here is some advice from those best placed to know! The most important module to my understanding of criminology is: All of them! Every module contributes to your understanding of Criminology and all are different and enjoyable. Personally, my favourite module was Violence: From Domestic to Institutional in Year 3; this module ties together everything you know about Criminology; the reasons why we are subjective as criminologists and our ability to look beyond the scope of what we know. The academic criminology book you must read: Outsiders: Studies in the sociology of deviance (1963) by Howard Becker. Albeit a dated book, its ideas are relevant and relate to many criminological such as; how and why criminals are labelled and stigmatised; why are the youth demonised; why people reject the norms and values of society and become criminals in doing so. The academic journal article you must read: This is a hard one. Articles are great for discovering new ideas and methodologically testing theories. I would recommend reading: Arrigo, J. (2004). A Utilitarian Argument Against Torture, Interrogation of Terrorists. Science and Engineering Ethics. 10(3), pp. 543-572. This article poses many questions for a criminologist which enlightens you to think subjectively and challenge your own views; which is what Criminology is all about. From reading this article you will learn to think critically when faced with a challenging dilemma; the rights of a terrorist and how can the law can be tailored to fit the crime. The criminology documentary you must watch: Where do I begin? Louis Theroux and Stacey Dooley are both great journalists and documentary makers. If I had to pick one, I would recommend watching the BBC’s documentary on Grenfell If you watch this documentary you must consider; the government’s response; who is accountable; why are the residents of Grenfell still in temporary accommodation. These are the sorts of questions you should be asking as someone studying Criminology. The most important criminologist you must read: Familiarise yourself with the ideas of Lombroso, this will aid your understanding on how criminological theory and ideas have developed overtime through biological, psychological and sociological standpoints. Something criminological that fascinates me: Domestic abuse. I had done my dissertation on this as I have a great interest in male dominance and power over women, especially in intimate relationships. Gender plays a key role in this which when examined in depth, will change your view on gender paradigms. The most surprising thing I know about criminology is: Criminality was believed by Lombroso to be inherited and that criminals possessed physical defects, criminality would be measured by the size and shape of particular body parts; this was later discredited. I can remember learning this in first year and it fascinated me. The most important thing I've learnt from studying criminology is: To not judge a book by its cover and to not take everything at face value. Do not be afraid to challenge other’s standpoints and beliefs. Thinking critically is the most important skill to have, search deeper into issues and apply your own thoughts and experiences. The most pressing criminological problem facing society is: Mass incarceration and reoffending rates. The UK is yet to move away from the ‘tough on crime’ approach favouring law and order and punishment. The penal system needs to be reformed to ensure offenders are rehabilitated to break the cycle of criminality; definitely educate yourself on political party’s manifesto’s and what they say about crime and justice before voting. When family and friends ask, I tell them criminology is: I tell family and friends that criminology is such a broad field of study; we look at law, psychology, science, sociology, politics, penal systems, criminal justice organisations, media and much more. From this, you attain the ability to think critically and reflect, it can help you in many situations not just criminological issues. It is an incredibly insightful and enlightening field to study; it opens up many opportunities.
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Visa by Impression, Atavism or Exploitation?
My paper, ‘beyond institutional autonomy: a quadrumvirate interaction theory of civil-military relations’ was accepted for presentation at the 2019 Biennial International Conference of the Inter-University Seminar on Armed Forces and Society scheduled for November 8-10, 2019 at the Hyatt Regency, Reston, Virginia. However, I am unable to attend the conference because I was denied visa at the US Embassy in Abuja, Nigeria. In this entry, I wish to highlight and add my voice to the concerns academics and non-academics, especially those from the ‘Global South’ face in securing visas to enable them attend conferences in the supposed ‘developed world.’ Hence, this entry is a personal reflection on the US visa regime in Nigeria, and its nexus with criminology.
Individual visas are often issued based on the merit of an application and the adequacy of the supporting documents submitted by applicants who are also required to pay certain fees and charges for the application. The issuing authorities would normally consider the criminal background record of an applicant, their previous travel history and the adequacy of funds to cover for the cost of the trip. In some cases, as typical with the US visa regime in Nigeria, applicants are required to present themselves before a consular officer for a visa interview and the decision to issue a visa is at the discretion of the consular officer.
Given this, one would expect that the consular officer would in the least, view/review the supporting documents of an applicant, in addition to asking some pertinent questions. The rationale being that the US visa web-application platform does not provide a link/option for submitting the supporting system prior to the interview. However, this was not the case when I was denied a visa. In fact, the interview barely lasted two minutes, and the following was the ‘interview’ conversation I had with the male consular officer:
Why do you want to go to Reston Virginia? To attend a conference.
What do you intend to do in the conference? I will be presenting a paper, a theory from my PhD research.
Who would pay for the conference and travel fee? The conference organisers and (he interjects with the next question, but I told him I still have another source of income, but he replied saying I had told him enough and that I should answer the next question).
What is your highest academic qualification? A PhD from the University of Stellenbosch, South Africa, I just concluded last December.
What do you do for a living? I just concluded a Postdoctoral Fellowship with the University of Stellenbosch and I have just accepted an appointment with the University of Jos as a Lecturer.
Do you have a family? Yes, a wife and a child, and we are expecting another.
For how long have you been married? 3 years
How old is your child? 1 year and 8 months
What does your wife do for a living? She is a housewife, she looks after the family
Are you travelling alone? Yeah (At this point, he faced his computer keyboard, typed some few words, then turned to me and told me, unfortunately we cannot issue you the visa while handing over a pre-printed form containing the reasons for visa denials).
From this ‘interview’ conversation, two things stood out for me. One is the fact that the consular officer made his decisions without viewing or considering any of my supporting documents and the second was the question, what did I do, say, or answer wrongly?
In terms of the latter, I found nothing wrong with my responses, but I found a huge systemic fault with regards to the former. The internet is rife with complaints from individuals, organisations and recently countries accusing the US of implementing a harsh visa regime which deliberately frustrates and traumatises visa applicants. My web application process in Nigeria is nothing short of this, in fact, I thought it was easier to make heaven than to obtain the US visa from Nigeria.
Having carefully thought about the visa regime in the light of my ‘interview,’ I concluded that the US visa regime is anachronistically atavistic, an exploitative business strategy, or both. My opinion is simply that I was denied visa not because of my responses to the questions but because the consular officer found a questionable impression through observing my face as he had not viewed or considered my supporting documents. For this, I appreciate Cesare Lombroso and one needs not be a Criminologist before knowing that facial impression and appearance are never better yardstick than considering the merits of the supporting documents.
A fair and equitable visa system will consider the merit of an application, the travel history of an applicant (which I have a reasonable one), whether the supporting documents are convincing, the criminal record background, purpose of travel, sufficiency of funds, and the existence of a strong tie with one’s origin. However, this was not the case, and this led me to the business exploitation opinion.
Customarily, when one pays for a service, the norm is to provide quality and effective service worth the value of the money paid or promised, anything short of this is clear exploitation – unfortunately, this is how the US visa regime operates in Nigeria. On the day of my interview, there were at least seventy (70) persons queuing up for theirs early in the morning, but it is not my intention to analyse how much income the US derives from this.
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Why Criminology terrifies me
Cards on the table; I love my discipline with a passion, but I also fear it. As with other social sciences, criminology has a rather dark past. As Wetzell (2000) makes clear in his book Inventing the Criminal: A History of German Criminology 1880-1945 the discipline has (perhaps inadvertently) provided the foundations for brutality and violence. In particular, the work of Cesare Lombroso was utilised by the Nazi regime because of his attempts to differentiate between the criminal and the non-criminal. Of course, Lombroso was not responsible (he died in 1909) and could not reasonably be expected to envisage the way in which his work would be used. Nevertheless, when taken in tandem with many of the criticisms thrown at Lombroso’s work over the past century or so, this experience sounds a cautionary note for all those who want to classify along the lines of good/evil. Of course, Criminology is inherently interested in criminals which makes this rather problematic on many grounds. Although, one of the earliest ideas students of Criminology are introduced to, is that crime is a social construction, which varies across time and place, this can often be forgotten in the excitement of empirical research.
My biggest fear as an academic involved in teaching has been graphically shown by events in the USA. The separation of children from their parents by border guards is heart-breaking to observe and read about. Furthermore, it reverberates uncomfortably with the historical narratives from the Nazi Holocaust. Some years ago, I visited Amsterdam’s Verzetsmuseum (The Resistance Museum), much of which has stayed with me. In particular, an observer had written of a child whose wheeled toy had upturned on the cobbled stones, an everyday occurrence for parents of young children. What was different and abhorrent in this case was a Nazi soldier shot that child dead. Of course, this is but one event, in Europe’s bloodbath from 1939-1945, but it, like many other accounts have stayed with me. Throughout my studies I have questioned what kind of person could do these things? Furthermore, this is what keeps me awake at night when it comes to teaching “apprentice” criminologists.
This fear can perhaps best be illustrated by a BBC video released this week. Entitled ‘We’re not bad guys’ this video shows American teenagers undertaking work experience with border control. The participants are articulate and enthusiastic; keen to get involved in the everyday practice of protecting what they see as theirs. It is clear that they see value in the work; not only in terms of monetary and individual success, but with a desire to provide a service to their government and fellow citizens. However, where is the individual thought? Which one of them is asking; “is this the right thing to do”? Furthermore; “is there another way of resolving these issues”? After all, many within the Hitler Youth could say the same.
For this reason alone, social justice, human rights and empathy are essential for any criminologist whether academic or practice based. Without considering these three values, all of us run the risk of doing harm. Criminology must be critical, it should never accept the status quo and should always question everything. We must bear in mind Lee’s insistence that ‘You never really understand a person until you consider things from his point of view. Until you climb inside of his skin and walk around in it’ (1960/2006: 36). Until we place ourselves in the shoes of those separated from their families, the Grenfell survivors , the Windrush generation and everyone else suffering untold distress we cannot even begin to understand Criminology.
Furthermore, criminologists can do no worse than to revist their childhood and Kipling’s Just So Stories:
I keep six honest serving-men
(They taught me all I knew);
Their names are What and Why and When
And How and Where and Who (1912: 83)
Bibliography
Browning, Christopher, (1992), Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland, (London: Penguin Books)
Kipling, Rudyard, (1912), Just So Stories, (New York: Doubleday Page and Company)
Lee, Harper, (1960/2006), To Kill a Mockingbird, (London: Arrow Books)
Lombroso, Cesare, (1911a), Crime, Its Causes and Remedies, tr. from the Italian by Henry P. Horton, (Boston: Little Brown and Co.)
-, (1911b), Criminal Man: According to the Classification of Cesare Lombroso, Briefly Summarised by His Daughter Gina Lombroso Ferrero, (London: G. P. Putnam’s Sons)
-, (1876/1878/1884/1889/1896-7/ 2006), Criminal Man, tr. from the Italian by Mary Gibson and Nicole Hahn Rafter, (London: Duke University Press)
Solway, Richard A., (1982), ‘Counting the Degenerates: The Statistics of Race Deterioration in Edwardian England,’ Journal of Contemporary History, 17, 1: 137-64
Wetzell, Richard F., (2000), Inventing the Criminal: A History of German Criminology 1880-1945, (Chapel Hill: The University of North Carolina Press)
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Tattoos: deviance or individualism?
For my blog this week I thought I’d follow up on @charlottejdann’s blog on tattoos and add some personal experiences to the discussion. The media certainly have had their part to play in the negative connotations surrounding tattoos and the types of people with them, however I question the extent to which the media influence those perceptions today. Based purely on my own experience and opinion I believe that tattoos have become relatively common and as we saw in Charlotte’s blog the rise in tattoo studios would certainly seem to support this assumption. In fact, I think a process of normalisation has occurred whereby it is more surprising when someone hasn’t got a tattoo than when they have. Furthermore, the negative connotations and ‘expressed shock’ at the increase in tattooing is, in my humble opinion, typically associated to those of the older, more traditional generation for whom tattooing was a symbol of deviance, rebellion and/or disrepute.
I got my first tattoo when I was just 14; a small black panther discreetly placed on my thigh. My choice of phrase here is not accidental, being just 14 and below the age of legal consent the placement of this tattoo had to be discrete to hide it from my mother. The intentional law breaking and deception of this act would certainly look like deviance to an outside observer. Since then I added two more tattoos to my collection and have another one planned for the near future. Reflecting on this notion of deviance and my own motivation I arrive at a number of conclusions. My first tattoo was, without doubt, an act of rebellion against the expectations placed upon me by family and peers to be a ‘good girl’ and a ‘high achiever’. I don’t in any way regret that tattoo but I can recognise the reason for getting it. My second tattoo was more daringly placed on my upper arm and in hindsight was not thought through or carefully picked but at the same time it was not an act of rebellion. Those of you with tattoos may understand when I say that getting tattoos is like an addiction, you either love them or hate them but once you’ve got one, you want more. It was this ‘addiction’ so to speak that led to my second tattoo. My third tattoo which covers my foot and spreads up my ankle, symbolises the changing direction of my life after the birth of my first child and is by far my favourite to date. In short, the meaning or motivation for each tattoo has shifted over time reflecting my growth as a person and my life experiences.
At the point of my third tattoo I’d entered the world of academia and was establishing my professional identity; an identity that was in some ways at odds with my tattooed body. Wearing a professional suit and heels with a tattoo on my foot and ankle certainly led to some raised eyebrows and disapproving looks from older colleagues. This reaction was nothing compared to the openly disapproving judgements I later encountered from fellow magistrates; not only was I young to be a magistrate but I was also tattooed and had the audacity to display them in court! Linking this reaction back to my earlier statement about deviance, rebellion and disrepute, the simplest thing would be for me to wear a trouser suit in court and hide my tattoos, in essence, conforming to societies expectations of that position. However, my reasons for not doing so are twofold, firstly I am a bit of rebel at heart and secondly, I do not see my tattoos as an act of deviance but one of self-expression. In all other areas of life, I conform to the norms and values of society, I have a career and present myself as a professional, I’m trying to raise my children to be good law-abiding citizens, I pay my bills on time, I put out my rubbish when asked and I try to treat others with compassion and respect. In short, I’ve joined the collective, blended into society and accepted the expectations of me as a woman, a mother, a daughter and so forth. My tattoos therefore are a reflection of self-expression, my little rebellious side that says, “I’m more than one of the collective, I’m an individual”. Each tattoo reflects my journey, where I have come from, what I have experienced, who I am and where I am going. They tell the reader that I am more than just a number, I am an individual embracing self-expression through body art because to me tattoos are not just ink, they are pieces of art symbolising your life journey. For this reason, I agree with Charlotte’s argument that tattooed people cannot be stereotyped as a homogeneous group because tattoos by their very nature make us unique individuals.
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Perceptions of tattooed bodies
Charlotte Dann is a psychology lecturer in the Faculty of Health and Society, researching women’s tattooed bodies. You can find out more and get in touch via Twitter – @CharlotteJD
Whenever I discuss my tattoo research, I always frame it historically, because I think it’s important to consider how we have come to the point we are at with how tattoos are perceived and understood. And you know, it’s good for a laugh.
In the late 1800s, Lombroso researched deviancy and criminality, and as part of this, came to the conclusion that people who had tattoos were criminals and prostitutes. However, this research was conducted on – you guessed it – criminals and prostitutes. Despite the poor correlation that was presented, his research was influential in how we perceive deviancy and deviant bodies, to the point that those negative connotations towards tattooed bodies still ring true today. Tattoos may be ever rising in popularity (figures indicated one in five has a tattoo, and the number of studios rose by around 170% in the last decade in the UK), but tattooed bodies can still be found to be associated with deviancy.
Let’s consider the influence of the media in this. Over the past few years, there has been a flurry of articles that express shock for the fact that ‘normal’ people are getting tattoos, and why tattoos are becoming more popular for women. It only takes a quick gander at the comments left on these articles to see that public opinion hasn’t changed that much, and that these articles perpetuate negative perceptions about tattoos (i.e. they’re not meant for ‘normal’ people). Newspaper articles such as this often make reference to the ‘normal’ people who are now adorning their bodies – normal being white, middle-class, ‘respectable’ people. The narrative of such newspaper articles often seems to rely on a discourse that positions tattooing as the proper domain of ‘the other’, associated with deviant, problematised, and generally male bodies. Newspaper articles often reflect a certain moral panic about the rise of tattoos among so called ‘normal’ people, whilst at the same time, normalise the practice of tattooing itself.
The media does not do a good job in quelling negative connotations regarding tattooed people, as they tend to focus more on the extremes – the eye-catching headlines, the things that make you wince and tut, not the everyday person who is tattooed. In recent years, newspapers have reported on tattooed teachers as being ‘inappropriate’ for children, on young adults who get cheap ‘joke’ tattoos on holidays in Magaluf, and present morality tales such as those who regret their tattoo choices. In addition, they also frame our understandings of ‘who’ this ‘normal’ tattooed person is (look – even Samantha Cameron and David Dimbleby have them!)
I think what we need to do is question the idea of what a ‘normal’ body is, and really think about the assumptions we make about that body based on frankly outdated perceptions. There is no longer one particular type of person who is tattooed – the availability and accessibility of tattoo studios, designs, and techniques, has meant that you cannot stereotype all tattooed people as one homogenous group.
Thoughts from the criminology team 