Thoughts from the criminology team

Home » Civil Liberty

Category Archives: Civil Liberty

It’s all about me: when did I become invisible?

I wander around on the pavement, earbuds neatly fitted, mobile phone conveniently held in front of me so I can see the person I’m talking to. You can all listen to my conversation whilst attempting to navigate around me, oops, someone bumped into me, a small boy left sprawling, I laugh, not at the small boy, but the joke my mate has just relayed, it’s funny right. People weave left and right but me, I don’t worry, I walk straight on, embroiled in my conversation, it’s not about them, it’s about me.

There’s my friend and his family, let’s stop here, in the middle of the pavement and let’s talk. What, people are having to walk in the road to get past, I’m discussing weighty matters here, can’t you see, it’s not about you, it’s about me.

I hop on the bus, earbuds, I’m not sure where they are. Now where’s that YouTube video my mate told me about, oh yeah, here it is. Now that’s hilarious, can’t hear it because of all the hub bub around me, turn it up and enjoy, I’m having a gas. Didn’t want to listen to that? It’s not about you, it’s about me.

And now at work, I take up the laptop and watch some TED talk video, I need to go somewhere so with laptop open, speaker on full, I wander across the office and out through the door held open for me. I don’t acknowledge your politeness, I don’t see you, it’s not about you, it’s about me.

I sit waiting for a colleague to join me in an open area, people around using laptops, having conversations, I turn the volume up, this video is good, I need to hear it, it’s not about the rest of you, it’s about me.

I go to the work restaurant with my friend, it’s a bit busy, never mind we can sit here. I push my chair back banging into another chair, catching the knuckles of someone that happens to be leaning on the chair. I don’t see it, I don’t see you, I want to sit here right, it’s not about you, it’s about me.

And when I learn to drive, I’m going to speed even if it is dangerous because I will need to get to where I am going quickly, it’s not about the rest of you, it’s about me.  And I will be the one that overtakes all the cars in the queue, only to push in at the last moment. My indicator tells you to give me room, it’s not about you, it’s about me.

And when I have kids, I will park right outside the school, never mind if I obstruct the road, I need to pick up my little darlings, it’s not about you, it’s about me.

And in my real world, when I have to constantly move out of the way of people on phones, have to listen to videos and conversations I have no interest in, hold doors open without even a glance from the person that has walked through, have my knuckles scraped with the back of a chair, without even an acknowledgement that something has happened, despite my yelp from the pain, when I sit watching the idiots overtaking and have to brake to avoid a collision as they push into the queue, when I sit and wait in the road whilst someone strolls along, little one in tow and straps them in the back seat before having a quick chat with another parent, I inwardly shout to myself; WHEN WAS IT THAT I BECAME INVISIBLE? I’s not just about you, it’s also about me.

Unravelling the Niger Coup: Shifting Dynamics, Colonial Legacies, and Geopolitical Implications

On July 26, the National Council for Safeguarding the Homeland (CNSP) staged a bloodless coup d’état in Niger, ousting the civilian elected government. This is the sixth successful military intervention in Africa since August 2020, and the fifth in the Sahel region. Of the six core Sahelian countries, only Mauritania has a civilian government. In 2019, it marked its first successful civilian transition of power since the 2008 military intervention, which saw the junta transitioning to power in 2009 as the civilian president.

Military intervention in politics is not a new phenomenon in Africa. Over 90% of African countries have experienced military interventions in politics with over 200 successful and failed coups since 1960 – 1, (the year of independence). To date, the motivation of these interventions revolves around insecurity, wasteful and poor management of state resources, corruption, and poor and weak social governance. Sadly, the current situation in many African countries shows these indicators are in no short supply, hence the adoption of coup proofing measures to overcome supposed coup traps.

The literature evidences adopting ethnic coup proofing dynamics and colonial military practices and decolonisation as possible coup-proofing measures. However, the recent waves of coups in the Sahel defer this logic, and are tilting towards severing ties with the living-past neocolonial presence and domination. The Nigerien coup orchestrated by the CNSP has sent shockwaves throughout the region and internationally over this reason. Before the coup, Mali and France had a diplomatic row. The Malian junta demanded that France and its Western allies withdraw their troops from Mali immediately. These troops were part of Operation Barkhane and Taskforce Takuba. A wave of anti-French sentiments and protests resulted over the eroding credibility of France and accusation of been an occupying force. Mohamed Bazoum, the deposed Nigerien president, accepted the withdrawn French troops and its Western allies in Niger. This was frowned at by the Nigerien military, and as evidenced by the bloodless coup, similar anti-French sentiments resulted in Bazoum’s deposition.

The ousting of President Bazoum resulted in numerous reactions, including a decision by the Economic Community of West African States (ECOWAS), of which Niger is a member and is currently chaired by Nigerian President Bola Ahmed Tinubu. ECOWAS demanded the release and reinstatement of President Bazoum, imposed economic sanctions, and threatened military intervention with a one-week ultimatum. Some argued that the military intervention is unlikely, and some member states pledged support to the junta. At the end of the ultimatum, ECOWAS activated the deployment of its regional standby force but it remains unclear when it will intervene and what the rules of engagement will be. Nonetheless, the junta considers any such act as an aggression, and in addition to closing its airspace, it is understood to have sought support from Wagner, the Russian mercenary.

Amongst the citizenry, while some oppose the military intervention, there is popular support for both the intervention and the military with thousands rallying support for the junta. On 6 August, about 30,000 supporters filled the Niamey stadium chanting and applauding the military junta as they parade the crowd-filled stadium. Anti-French sentiments including a protest that led to an attack on the French embassy in Niger followed the declaration of the coup action. In the civil-military relations literature, when a military assumes high political roles yet has high support from society over such actions, it is considered as a popular praetorian military (Sarigil, 2011, p.268). While this is not a professional military attribute (Musa and Heinecken, 2022), it is nonetheless supported by the citizenry.

In my doctoral thesis, I argued that in situations where the population is discontent and dissatisfied with the policies of the political leadership, a civil-military relations crisis could result. I argued that “as citizens are aware that the military is neither predatory nor self-serving, they are happy trusting and supporting the military to restore political stability in the state. It is possible that in situations where political instability becomes intense, large sections of the citizenry could encourage the military to intervene in politics” (Musa, 2018, p.71). The recent waves of military intervention in Africa, together with anti-colonial sentiments evidences this, and further supports my argument on the role of the citizenry in civil-military relations. For many Nigeriens including Maïkol Zodi who leads an anti-foreign troops movement in Niger, the coup symbolises the political independence and stability that Francophone Africa has long desired.

Thus, as the events continue to unfold, I would like to end this blog with some questions that I have been thinking about as I try to make sense of this rather complex military intervention. The intervention is affecting international relations and has the potential to destabilise the current power balance between the major powers. It could also lead to a military conflict in Africa, which would be a disaster for the continent.

  1. How have recent coups in the Sahel region signalled a shift away from colonial legacies, and how are these sentiments reshaping political dynamics?
  2. What is the significance of the diplomatic tensions between Mali and France, and how might they have influenced the ousting of President Bazoum and the reactions to it?
  3. Given the surge in military interventions in politics across the Sahel region, how does this trend reflect evolving dynamics within the affected countries, and does this has the potential to spur similar interventions in other African States?
  4. What lessons can be drawn from Mauritania’s successful transition from military to civilian rule in 2019, and how might these insights contribute to diplomatic discussions around possible transition to civilian rule in Niger?
  5. Are the decisions of ECOWAS influenced by external pressures, how effective is ECOWAS’s approach to addressing coups within member states, and how does the Niger coup test the regional organization’s capacity for conflict resolution?
  6. To what extent do insecurity, mismanagement of resources, corruption, and poor governance collectively contribute to the susceptibility of African nations to military interventions?
  7. How can African governments strike a balance between improving the quality of life and coup-proofing measures, and which is most effective for preventing or mitigating the risk of military interventions?
  8. What are the potential ramifications of the coup on the geopolitical landscape, especially in terms of altering power dynamics among major players?
  9. What are the implications of the coup for regional stability, and how might it contribute to the potential outbreak of conflict and could it destabilize ongoing counterterrorism efforts and impact cooperation among countries in addressing common security threats?
  10. Why do widespread demonstrations of support for the junta underscore the sentiments of political independence and stability that resonate across Francophone Africa?
  11. Given the complexities of the situation, what measures can be taken to ensure long-term stability, governance improvement, and democratic progress in Niger?
  12. Ultimately, is the western midwifed democracy in Africa serving its purpose, and given the poor living conditions of the vast populace in African countries as measured against all indices, can these democracies serve Africans?

Navigating these questions is essential for comprehending the implications of the coup and the potential outcomes for Niger and its neighbours. In an era where regional stability and international relations are at stake, a nuanced understanding of these multifaceted issues is imperative for shaping informed responses and sustainable solutions.

References

Musa, S.Y. (2018) Military Internal Security Operations in Plateau State, North Central Nigeria: Ameliorating or Exacerbating Insecurity? PhD, Stellenbosch University. Available from: https://scholar.sun.ac.za/handle/10019.1/104931. [Accessed 7 March 2019].

Musa, S.Y., Heinecken, L. (2022) The Effect of Military (Un)Professionalism on Civil-Military Relations and Security in Nigeria. African Security Review. 31(2), 157–173.

Sarigil, Z. (2011) Civil-Military Relations Beyond Dichotomy: With Special Reference to Turkey. Turkish Studies. 12(2), 265–278.

Keep Calm and Forget the Pandemic or What to do in a pandemic? Take advantage of the situation

Eleven months now and there is a new spectre haunting Europe; a plague that has taken hold of our lives and altered our lifestyles.  Lockdowns, the r rate, viral transmission, mutations are new terms that common people use as if we are experienced epidemiologists.  Masks, made of cloth or the surgical ones, gloves and little bottles of antiseptic have become new fashion accessories.  Many people report mental fatigue and others a state of confinement inside their own homes.  Some people have started complaining that there is no light in this long tunnel, in country after country face with overwhelmed medical staff and system.

The optimist in me is unequivocal.  We can make it through.  Life is far more powerful than a disease and it always finds a way to continue, even in the most hostile of conditions.  In my view however this is not going to be a feat of a great person; this is not going to be resolved by one solution.  The answer is in us as a collective.  Humanity thrived when it gets together and the ability to form meaningful bonds that is the backbone of our success to survival.

Imagine our ancestors making their first communities; people that had no speed like the felines, no strength like the great apes and no defensive shell to protect them.  Coming out of Africa thousands of years ago, this blood creature had no offensive nor defensive structures to prevail.  Our ancestors’ survival must have been on the brink.  Who could imagine that some thousands of years ago, we were the endangered species?  Our endurance lies on the ability to form a group that worked together and understood each other, carried logic, used tools and communicated with each other. 

The current situation is a great reminder of the importance of society and its true purpose.  People form societies to protect each other and advance their opportunity for success. We may have forgotten that and understandably so, since we have had people who claimed that there is no such thing as a society, only the individual.  The prevailing economic system focuses on individual success, values individual recognition and prioritises individual issues.  In short, why worry about others, miles away, feet away, steps away from us if we are doing well. 

It is interesting to try to imagine a society as a random collection of indifferent individuals, but more people begin to value the importance of the other.  After years of austerity and the promotion of individualism, more people live alone, make relationships through social networking and mostly continue to live a solitary life even when they live with others.  Communities, as an ex-prime minister claimed as broken and so people waste no time with them.  We take from our communities, the things we need, and we discard the rest.  Since the start of the pandemic, deliveries, and online companies have been thriving.  Whilst physical shops are facing closure, online ones can hardly cope with the demand.  As a system, capitalism is flexible enough to retune the way wealth is made.  Of course, when you live alone, there are things you cannot have delivered; intimacy, closeness, intercourse.  People can fulfil their basic needs apart from the one that makes them people; their socialisation.  We will have to address it and perhaps talk about the need to be a community again. 

In the meantime, what happens at the top? In the Bible there was the story of the pool of Siloam.  This miraculous pond blessed by an angel offered the opportunity for clemency for those who swam in the waters.  Wipe the slate clean and start again.  So, what do governments do? Interestingly not as much.  Right now, as people try to come to terms with loss, isolation and pain, different governments try to address other political issues.  One country is rocked by the revelations that its head of state has created a palace to live in.  Another one, has finished construction of his summer palace.  In another country they are bringing legislation to end abortions, in another they propose the introduction of police on campuses.  Others are restricting the right to protest, and in a country famed for its civil rights, legislation is being introduced not to take pictures of police officers in public, even if they may be regarded in violation of duties.  It seems that it is open season for the curtail of civil liberties through the back door.  In an island kingdom the system has ordered and moves forward with the construction of more and bigger prisons.  A sign that they anticipate public upheaval. Maybe; whatever the reason this opportunity to supress the masses may be tantalising, but it is wrong.  When ever we come out of this we need to reconnect as a community.  If this becomes an opportunity for some, under the suppression of civic rights, things will become problematic.  For starters, people will want to see their patience and perseverance rewarded.  My advice to those who rule, listen to your base. 

“A small case of injustice”

Gilbert Baker

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

When I grow up what will I be?

A 6 months old @flowerviolet

Wherever I go in life, whatever I do, as long as I am helping others and making a positive difference, I will be happy”

For many years, that has been my take on looking for jobs – helping people, and making a positive difference.

What will I do with my life? Where will life lead me? I’ll say my prayers, and find out!

As a child (between 5-9 years old), I wanted to be a nurse; I have a caring nature, and love helping people! Imagining myself in a nurse’s uniform, and putting bandages on patients and making them better, was something I dreamed about.

Life moves forward, and at the age of 13 I wanted to be so much!

I considered becoming a teacher of either English or Religious Studies. At 13, I loved English and learning about all world faiths. It fascinated me! My teacher had a degree and masters from Oxford University; and I absorbed everything I could! Religious Studies was my favourite subject (alongside art, drama and English) I also had my first, most profound spiritual experience, deepening my Catholic faith (written in more detail in chapter 1 of Everyday Miracles).

My hobbies included reading, writing and drawing. Throughout my teenage years, I devoured the Harry Potter books, the Lord of the Rings books, and Phillip Pullman’s His Dark Materials books. I had a library card, and would borrow books from the library in my village and would read regularly at home. I wanted to be an artist and author, and would often write poetry and short stories, and kept a sketchbook to do drawings in. I dreamed of being a published author, and to be an artist – however, these were seemingly beyond my reach. I prayed to God, that I would be able to fulfil these life ambitions one day.

Alongside of this, I also did some charity work – any change that I got from my lunches, I would put in an empty coffee jar and save them up. I was given the rather cruel nickname, ‘penny picker’, which resulted in bullying from people across different year groups, because I picked up pennies off the floor and put them in my charity pot. Though I did get a mention in the school newsletter stating that the money I raised amounted to quite a large sum, and went to CAFOD, and a homeless charity. I have always done charity work, and still do charity work today!

In school, there were 2 sets in each year; the A-band and the B-band. The A-band were the high academic performers, and those who got high grades. The B-band was the lower set… the set which I was in… This meant that when it came to picking GCSEs, I could only choose 2, not 3, which the A-band students were able to do.

In my Citizenship and Religious studies lessons, I began learning more about the globalized world, human rights, and social issues. Here, I learned in great detail about slavery (slightly covered in history too), prejudice and discrimination, the Holocaust, and 3rd world issues, such as extreme poverty, deprivation, and lack of basic human necessities, such as water, food and sanitation. We even touched upon the more horrific human rights abuses such as extraordinary rendition, religious persecution, torture, and rape and sexual violence.

My ambitions began to evolve more, and I dreamed of becoming a lawyer and even a judge. I wanted to serve justice, make communities safer, and to do more to combat these issues. With my soft heart, and a love of helping people, I knew that being a lawyer would help with doing this!

Moving forward to Year 10; choosing my GCSEs…. I spoke with one of the school heads, and asked for advice. I was still adamant on being a lawyer, and so was advised to do drama and history. Drama as it would boost my confidence, public speaking and expressive skills. History, because of the analytical thinking and examination of evidence that lawyers need when presenting their arguments. I was very happy with this! I loved drama and I enjoyed history – both the teachers were great and supportive!

At the age of 15, I was diagnosed with Asperger Syndrome – this explained so much about me and my idiosyncrasies. Ironically, it was my drama and my history teacher who picked up on it, due to my odd gait, social skills, and how I processed information. At parents’ evening, both teachers discussed with my mum about the diagnosis, and getting support. It was a big shock when I spoke with each of my teachers individually about the diagnosis.

At the end of doing my GCSEs, I was a pretty average student with mostly C grades. When it came to picking A-levels, I was unable to to the subjects that I really wanted to do…. Philosophy, Theology, Law and Psychology…. After a few weeks of battling and trying to get onto a course that would accept me, I ended up doing Travel and Tourism, A-level Media, Applied Sciences and Forensics (which had a criminology module), and, in Year 13, I took on an Extended Project, to boost my chances of getting into university.

I felt somewhat disillusioned… I’m studying courses that will only accept me because of my grades – an odd combination, but a chance to learn new things and learn new skills! In my mind, I wondered what I would ever do with myself with these qualifications…

Deciding to roll with it, I went along. I was much more comfortable in my Sixth Form years as I learned to embrace my Asperger’s, and started being included in different socials and activities with my peers.

Those 2 years flew by, and during my science course, when I did the criminology unit, I was set on studying that joint honors at a university. Criminology gripped me! I loved exploring the crime rates in different areas, and why crime happens (I had been introduced briefly to Cesare Lombroso, and the Realist theories). I have always loved learning.

Fast forward, I decided to go to Northampton University to do Criminology and Education, and even had the hope that I may be able to get a teaching job with the education side. However, due to an education module no longer being taught, I majored in Criminology.

However, in my second year of studies, I did a placement at a secondary special needs college, and helped the children with their learning! All the children would have a day at a vocational training centre doing carpentry, arts and crafts, and other hands on and practical courses. Back in their classrooms, they had to write a log of what they learned. The students I helped were not academic, and so I would write questions on the board to guide them with their log writing, and would write words that they struggled to spell – my opportunity to help students with their education! Later in life, I worked as a Support Worker for students with additional needs at both Northampton, and Birmingham City University, so still learning whilst helping others.

July 2015, I graduated with a 2:1 in my degree, and I had been encouraged to do an LLM in International Criminal Law and Security – a degree in law! It was unreal! From being told I could not do A-level law, here, I was able to do a masters in law! I applied for the Santander Scholarship, and got enough money to cover my course and some living costs – basically, a Masters degree for free!

During those 2 years of being a part time post graduate, I set up and ran the Uni-Food Bank Team and continued with running Auto-Circle Spectrum Society. January 2016 saw a downward dive in my mental health and I was diagnosed with severe depression (When the Darkness Comes).

I learned to cope and found my own way of healing myself through art and painting (which I later began painting on canvasses and sold at arts and crafts fayres).

February 2018 – I graduate with my LLM; the first on my dad’s side of the family to go to university, and on my mum’s side, the first to have a masters’ degree.

Going back to the question of this blog; When I grow up, what will I be?

I will be everything that I ever wanted to be! I am now a published author (mentioned at the start of the blog), have done freelance writing and art (everything I have written on every platform used can be accessed here: Blog Home Page: Other Writing Pieces)! I got a degree in Criminology with Education, and a Masters degree in International Criminal Law and Security!

I have have utilised my knowledge of human rights to fight for the rights of Persecuted Christians, political and social activists, and write to someone on death row too! (Serving Our Persecuted Brothers and Sisters GloballyI See YouPrisoners of ConscienceWithin Grey Walls

I still do loads of charity work, and support my local food bank along the side too! (Brain Tumor Research; Helping Those in Need)

It’s safe to say that God answered every single one of my prayers, and even gave me strength in some circumstances!

Currently, I am working as the administrator of an an addiction recovery unit in my home village! A job I thoroughly enjoy – it is challenging, my colleagues are the funniest bunch I have ever met! I have learned so much, and am thriving!

Most importantly, as I’ve grown up, I’ve learned to be happy, learned to overcome all odds that are against me, and to always help others regardless of the circumstance. I’ve learned to be compassionate and strong ❤

Within Grey Walls

“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment!  Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”

Everyone has the right to life, liberty and security of person (1).     

Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.

However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?

The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).

Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).

According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6). 

This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.

However, what is it actually like being on death row?

June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.

He has shared some of his thoughts of what it is like to be on death row:

“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.

Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.

Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever! 

References

(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/    Accessed on 21/01/2020

(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons  Accessed on 24/03/2020

(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/  Accessed on 24/03/2020

(4)  Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim

(5) Ibid

(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’  Available online at:  https://www.snopes.com/fact-check/george-stinney-execution-exoneration/  Accessed on 24/03/2020

Other

Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp

Human Writes: https://www.humanwrites.org

A utilitarian argument for human rights

https://www.flickr.com/photos/46452859@N03

I am minded to write something about both utilitarianism and human rights as a consequence of watching the news the other night.  Two separate but linked news articles struck a chord.  The first about police being heavy handed in applying the emergency laws surrounding the restricting of movement and the second about the emergency laws being passed to suspend jury trials in Scotland.  Both have an impact in respect of human rights.

Turning to the first, the complaint is that the police across England and Wales have in some cases been disproportionate in their dealing with the public when attempting to manage the restrictions around movement.  The example shown was the uploading of videos onto social media depicting people walking around the Peak District.  The captions simply asked whether the trip was necessary.

The government guidance is pretty clear regarding staying at home but perhaps is a little less clear about travelling to a location to partake in exercise. I must admit though I am a little perplexed at the accusation of heavy handedness.  The Human Rights Act 1998 provides for a right to life and it has been held that the government and its agencies have a positive obligation to facilitate this. There are of course some caveats as it would be almost impossible to ensure this in all circumstances.  There is no doubt that people are dying from Covid-19.  The approach to enforce social distancing, presently predominantly through information and the reliance on responsibility and good will, seems to be the only current viable approach to combating this killer.  The curtailment of some Human Rights is it seems necessary to ensure the greater good and to preserve life.  The latter of course is a primary duty that most police officers would recognise.  The greater good for the many is it seems compatible with a key principle of human rights.

Turning to the second news article.  The right to a fair trial is a fundamental human right.  The suspension of a jury may be against longstanding legal principles but, the Human Rights Act does not specify that the trial should be before a jury, merely an independent judge.  The argument could be made that trials should be suspended but this might be impinging on rights in respect of defendants being held in custody awaiting trial. The convening of a jury would flout the rationale behind current legislation in place to enforce social distancing and would quite simply be contrary to obligations to protect life.

The notions of utilitarianism are often viewed as in conflict with individual rights and therefore the Human Rights Act.  Many see the two as incompatible, one relates to the many and the other the individual. This argument though fails to have vision, it is not truly consequentialist.  Human Rights are utilitarian in their very nature.  Is it not to the greater good that people have a right to life, a right to freedom of association, a right to a fair trail to name but a few?  Should it not be considered that every individual case that is examined under the Human Rights Act has consequences for the many as well as the individual? A breach of the Act if unchallenged opens the way for abuses by governments and their agencies, it is utilitarian in nature, it is there for the greater good, not just the individual circumstances that are being examined. But should we also not consider that there is a need to prioritise rights, particularly in the circumstances the country and world finds itself in?  Some parts of the Act are in clearly on occasions, incompatible with others. Curtailment of some freedoms and rights is necessary for the greater good but more importantly, it is necessary to save lives, perhaps even the life of the individual complaining of the curtailment.  We can but hope that amidst all of this, good sense prevails.

What’s in the future for criminology?

This year marks 20 years that we have been offering criminology at the University of Northampton and understandably it has made us reflect and consider the direction of the discipline.  In general, criminology has always been a broad theoretical discipline that allows people to engage in various ways to talk about crime.  Since the early days when Garofalo coined the term criminology (still open to debate!) there have been 106 years of different interpretations of the term. 

Originally criminology focused on philosophical ideas around personal responsibility and free will.  Western societies at the time were rapidly evolving into something new that unsettled its citizens.  Urbanisation meant that people felt out of place in a society where industrialisation had made the pace of life fast and the demands even greater.  These societies engaged in a relentless global competition that in the 20th century led into two wars.  The biggest regret for criminology at the time, was/is that most criminologists did not identify the inherent criminality in war and the destruction they imbued, including genocide.    

In the ashes of war in the 20th century, criminology became more aware that criminality goes beyond individual responsibility.  Social movements identified that not all citizens are equal with half the population seeking suffrage and social rights.  It was at the time the influence of sociology that challenged the legitimacy of justice and the importance of human rights.  In pure criminological terms, a woman who throws a brick at a window for the sake of rights is a crime, but one that is arguably provoked by a society that legitimises inequality and exclusion. Under that gaze what can be regarded as the highest crime? 

Criminologists do not always agree on the parameters of their discipline and there is not always consensus about the nature of the discipline itself.  There are those who see criminology as a social science, looking at the bigger picture of crime and those who see it as a humanity, a looser collective of areas that explore crime in different guises.  Neither of these perspectives are more important than the other, but they demonstrate the interesting position criminology rests in.  The lack of rigidity allows for new areas of exploration to become part of it, like victimology did in the 1960s onwards, to the more scientific forensic and cyber types of criminology that emerged in the new millennium.   

In the last 20 years at Northampton we have managed to take onboard these big, small, individual and collective responses to crime into the curriculum.  Our reflections on the nature of criminology as balancing different perspectives providing a multi-disciplinary approach to answering (or attempting to, at least) what crime is and what criminology is all about.  One thing for certain, criminology can reflect and expand on issues in a multiplicity of ways.  For example, at the beginning of 21st terrorism emerged as a global crime following 9/11.  This event prompted some of the current criminological debates. 

So, what is the future of criminology?  Current discourses are moving the discipline in new ways.  The environment and the need for its protection has emerge as a new criminological direction.  The movement of people and the criminalisation of refugees and other migrants is another.  Trans rights is another civil rights issue to consider.  There are also more and more calls for moving the debates more globally, away from a purely Westernised perspective.  Deconstructing what is crime, by accommodating transnational ideas and including more colleagues from non-westernised criminological traditions, seem likely to be burning issues that we shall be discussing in the next decade.  Whatever the future hold there is never a dull moment with criminology.   

A month of Black history through the eyes of a white, privileged man… an open letter

Dear friends,

Over the years, in my line of work, there was a conviction, that logic as the prevailing force allows us to see social situations around (im)passionately, impartially and fairly.  Principles most important especially for anyone who dwells in social sciences.  We were “raised” on the ideologies that promote inclusivity, justice and solidarity.  As a kid, I remember when we marched as a family against nuclear proliferation, and later as an adult I marched and protested for civil rights on the basis of sexuality, nationality and class.  I took part in anti-war marches and protested and took part in strikes when fees were introduced in higher education.    

All of these were based on one very strongly, deeply ingrained, view that whilst the world may be unfair, we can change it, rebel against injustices and make it better.  A romantic view/vision of the world that rests on a very basic principle “we are all human” and our humanity is the home of our unity and strength.  Take the environment for example, it is becoming obvious to most of us that this is a global issue that requires all of us to get involved.  The opt-out option may not be feasible if the environment becomes too hostile and decreases the habitable parts of the planet to an ever-growing population. 

As constant learners, according to Solon (Γηράσκω αεί διδασκόμενος)[1] it is important to introspect views such as those presented earlier and consider how successfully they are represented.  Recently I was fortunate to meet one of my former students (@wadzanain7) who came to visit and talk about their current job.  It is always welcome to see former students coming back, even more so when they come in a reflective mood at the same time as Black history month.  Every year, this is becoming a staple in my professional diary, as it is an opportunity to be educated in the history that was not spoken or taught at school. 

This year’s discussions and the former student’s reflections made it very clear to me that my idealism, however well intended, is part of an experience that is deeply steeped in white men’s privilege.  It made me question what an appropriate response to a continuous injustice is.  I was aware of the quote “all that is required for evil to triumph is for good men to do nothing” growing up, part of my family’s narrative of getting involved in the resistance, but am I true to its spirit?  To understand there is a problem but do nothing about it, means that ultimately you become part of the same problem you identify.  Perhaps in some regards a considered person is even worse because they see the problem, read the situation and can offer words of solace, but not discernible actions.  A light touch liberalism, that is nice and inclusive, but sits quietly observing history written in the way as before, follow the same social discourses, but does nothing to change the problems.  Suddenly it became clear how wrong I am.  A great need to offer a profound apology for my inaction and implicit collaboration to the harm caused. 

I was recently challenged in a discussion about whether people who do not have direct experience are entitled to a view.  Do those who experience racism voice it?  Of course, the answer is no; we can read it, stand against it, but if we have not experienced it, maybe, just maybe, we need to shut up and let other voices be heard and tell their stories.  Black history month is the time to walk a mile in another person’s shoes.

Sincerely yours

M



[1] A very rough translation: I learn, whilst I grow, life-long learning.

When the Police takes to Tweeter HashTags to Seek ‘Justice’


https://twitter.com/PoliceNG/status/1159548411244371969?s=20)

I am tempted to end this blog in one sentence with the famous Disney lyrics, “disaster is in the air” but this may do no justice to the entry as it lacks a contextual background. So last week, Nigerian Twitter was agog with numerous tweets, retweets, comments, and reactions following the news that soldiers of the Nigerian Army had allegedly killed one civilian and three police personnel in the line of duty. A brief summary of the case is that the killed police personnel had arrested an alleged notorious and ‘wanted’ kidnaper and were transporting him to a command headquarters when they ran into a military checkpoint. Soldiers at the checkpoint allegedly opened fire at close range, killed the police who were said to have attempted identifying themselves, and freed the handcuffed ‘kidnapper.’

In a swift reaction, a Joint Investigation Panel comprised of the Police and the Army was constituted to investigate the incident. Notwithstanding this, the Police took to their Twitter handle @PoliceNG calling out for justice and expressing dissatisfaction and concerns in what metamorphosed into series of threads and hashtags – #WhereIsEspiritDCorp and  #ProvideAnswersNigerianArmy. Ordinarily, this should have aroused and generated wide condemnation and national mourning, but, the comments, tweets and reactions on twitter suggests otherwise. While Nigerians expressed sympathy to the victims of the unfortunate incident, they also took to the social media platform to unravel their anger with many unleashing unsympathetic words and re-stating their distrust in the Police. In fact, it was the strong opinion of many that the incident was just a taste of their medicine as they often infringe on the rights of civilians daily, and are notoriously stubborn and predatory.

Certainly, this issue has some criminological relevance and one is that it brings to light the widely debated conversation on the appropriateness and the potency of deploying the military in society for law enforcement duties which they are generally not trained to do. Hence, this evokes numerous challenges including the tendency for it to make civilians loathe to interact with the military. I have previously argued that the internal use of the Nigerian military in law enforcement duties has exacerbated rather than ameliorated insecurity in several parts of the country. As with this instance, this is due to the penchant of the military to use force, the unprofessional conduct of personnel, and a weak system of civil control of the military to hold personnel accountable for their actions.

Similarly, this issue has also raised concerns on the coordination of the security forces and the need for an active operational command which shares security information with all the agencies involved in internal security. However, the reality is that interagency feud among the numerous Nigerian security agencies remains a worrying concern that not only undermine, but hinders the likelihood for an effective coordination of security activities.

Another angle to the conversation is that the social media provides a potent weapon for citizens to compel response and actions from state authorities – including demanding for justice. However, when the police is crippled and seemingly unable to ensure the prosecution of rights violations and extrajudicial killings, and they resort to twitter threads and hashtags to call out for justice, overhauling the security architecture is extremely necessary.