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Doing the right thing
It seems that very often, the problem with politics in this country is that it gets in the way of doing the right thing. Despite the introduction of the The Seven Principles of Public Life known as the Nolan Principles, politicians (not all of them of course, but you will have seen ample examples) still seem to be hell bent on scoring political advantage, obfuscating on matters of principle and where possible avoiding real leadership when the country is crying out for it. Instead, they look to find someone, anyone, else to blame for failures that can only be described as laying clearly at the door of government and at times the wider institution of parliament.
One example you may recall was the complete farce in parliament where the speaker, Sir Lyndsay Hoyle, was berated for political interference and breaking the rules of the house prior to a debate about a ceasefire in Gaza. It became quite obvious to anyone on the outside that various political parties, Conservatives, Labour and the Scottish National Party were all in it to score points. The upshot, rather than the headlines being about a demand for a ceasefire in Gaza, the headlines were about political nonsense, even suggesting that the very core of our democracy was at stake. Somehow, they all lost sight of what was important, the crises, and it really is still a crisis, in Gaza. Doing the right thing was clearly not on their minds, morals and principles were lost along the way in the thrust for the best political posturing.
And then we come to the latest saga involving political parties, the WASPI women (Women Against State Pension Inequality) campaign. The report from the Parliamentary and Health Service Ombudsman has ruled that the Department for Work and Pensions (DWP) “failed to provide accurate, adequate and timely information” about changes to pension ages for women. The report makes interesting reading. In essence, it accuses the DWP of maladministration on several counts.
The Pensions Act 1995 changed the way in which women could draw their pensions in an effort to equalise the age with men. A timetable was drawn up raising the qualifying age for women from 60 to 65, with the change phased in between 2010 and 2020. However, under the Pensions Act 2011, the new qualifying age of 65 for women was brought forward to 2018. The report acknowledges that the DWP carried out campaigns from 1995 onwards but in 2004 received results of research that a considerable number of affected women still believed that their retiring age was 60. Unfortunately, through prevarication and for some quite inexplicable reasoning the women affected were not notified or were notified far too late. There was a calculation carried out that suggested some women were not told until 18 months before their intended retirement date. The matter was taken before the courts but the courts ruling did nothing to resolve the issue other than providing a ruling that the DWP were not required by law to notify the women.
You can read about the debacle anywhere on the Internet and the WASPI women have their own Facebook page. What seems astounding is that both the Government and the opposition have steadfastly avoided being drawn on the matter of compensation for these women. I should add that the maladministration has had serious detrimental impacts on many of them. Not even a sorry, we got it wrong. Instead we see articles written by right wing Conservatives suggesting the women had been provided with ample warning. If you read the report, it makes it clear that provisions under the Civil Service Code were not complied with. It is maladministration and it took place under a number of different governments.
Not getting it right in the first instance was compounded by not getting it right several times over later on. It seems that given the likely cost to the taxpayer, this maladministration is likely, like so many other cock ups by government and its agencies, to be kicked into the long grass. Doing the right thing is a very long, long way away in British politics. And lets not forget the Post Office scandal, the infected blood transfusion scandal and the Windrush scandal to name but a few. So little accountability, such cost to those impacted.
- The quotation in the image is often wrongly misattributed to C. S. Lewis. ↩︎
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Justice or Just Another One?
Luckily I’ve never been one for romantic movies. I always preferred a horror movie. I just didn’t know that my love life would become the worst horror movie I could ever encounter. I was only 18 when I met the monster who presented as a half decent human being. I didn’t know the world very well at that point and he made sure that he became my world. The control and coercion, at the time, seemed like romantic gestures. It’s only with hind sight that I can look back and realise every “kind” and “loving” gesture came from a menacing place of control and selfishness. I was fully under his spell. But anyway, I won’t get into every detail ever. I guess I just wanted to preface this with the fact that abuse doesn’t just start with abuse. It starts with manipulation that is often disguised as love and romance in a twisted way.
This man went on to break me down into a shell of myself before the physical abuse started. Even then, him getting that angry was somehow always my fault. I caused that reaction in his sick, twisted mind and I started to believe it was my fault too. The final incident took place and the last thing I can clearly recall is hearing how he was going to cave my head in before I felt this horrendous pressure on my neck with his other hand keeping me from making any noise that would expose him.
By chance, I managed to get free and RUN to my family. Immediately took photos of my injuries too because even in my state, I know how the Criminal Justice System would not be on my side without evidence they deemed suitable.
Anyway, my case ended up going to trial. Further trauma. Great. I had to relive the entire relationship by having every part of my character questioned on the stand like I was the criminal in this instance. I even got told by his defence that I had “Histrionic Personality Disorder”. Something I have never been diagnosed with, or even been assessed for. Just another way the CJS likes to pathologise women’s trauma. Worst of all, turns out ‘Doctor Defence’ ended up dropping my abuser as he was professionally embarrassed when he realised he knew my mother who was also a witness. Wonderful. This meant I got to go through the process of being criminalised, questioned, diagnosed with disorders I hadn’t heard of at the time, hear the messages, see the photos ALL over again.
Although “justice” prevailed in as much as he was found guilty. All for the sake of a suspended sentence. Perfect. The man who made me feel like he was my world then also tried to end my life was still going to be free enough to see me. The law wasn’t enough to stop him from harming me, why would it be enough to stop him now?
Fortunately for me, it stopped him harming me. However, it did not stop him harming his next victim. For the sake of her, I won’t share any details of her story as it is not mine to share. Yet, this man is now behind bars for a pretty short period of time as he has once again harmed a woman. Evidently, I was right. The law was not enough to stop him. Which leads me to the point of this post, at what stage does the CJS actually start to take women’s pleas to feel safe seriously? Does this man have to go as far to take away a woman’s life entirely before someone finally deems him as dangerous? Why was my harm not enough? Would the CJS have suddenly seen me as a victim, rather than making me feel like a criminal in court, if I was eternally silenced? Why do women have to keep dying at the hands of men because the CJS protects domestic abusers?”
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Media Madness
Unless you have been living under a rock or on a remote island with no media access, you would have been made aware of the controversy of Russell Brand and his alleged ‘historic’ problematic behaviour. If we think about Russell Brand in the early 2000s he displayed provocative and eccentric behaviour, which contributed to his rise to fame as a comedian, actor, and television presenter. During this period, he gained popularity for his unique style, which combined sharp wit, a proclivity for wordplay, and a rebellious, countercultural persona.
Brand’s stand-up comedy routines was very much intertwined with his personality, which was littered with controversy, something that was welcomed by the general public and bosses at big media corporations. Hence his never-ending media opportunities, book deals and sell out shows.
In recent years Brand has reinvented (or evolved) himself and his public image which has seen a move towards introspectivity, spirituality and sobriety. Brand has collected millions of followers that praise him for his activist work, he has been vocal on mental health issues, and he encourages his followers to hold government and big corporations to an account.
The media’s cancellation of Russell Brand without any criminal charges being brought against him raises important questions about the boundaries of cancel culture and the presumption of innocence. Brand, a controversial and outspoken comedian, has faced severe backlash for his provocative statements and unconventional views on various topics. While his comments have undoubtedly sparked controversy and debate, the absence of any criminal charges against him highlights the growing trend of public figures being held to account in the court of public opinion, often without a legal basis.
This situation underscores the importance of distinguishing between free speech and harmful behaviour. Cancel culture can sometimes blur these lines, leading to consequences that may seem disproportionate to the alleged transgressions. The case of Russell Brand serves as a reminder of the need for nuanced discussions around cancel culture, ensuring that individuals are held accountable for their actions while also upholding the principle of innocent until proven guilty in a court of law. It raises questions about how society should navigate the complex intersection of free expression, public accountability, and the potential consequences for individuals in the public eye.
There is also an important topic that seems to be forgotten in this web of madness……..what about the alleged victims. There seems to be a theme that continuously needs to be highlighted when criminality and victimisation is presented. There is little discussion or coverage on the alleged victims. The lack of media sensitivity and lay discussion on this topic either dehumanises the alleged victims by using lines such as ‘Brand is another victim of MeToo’ and comparing him to Cliff Richard and Kevin Spacey, two celebrities that were accused of sexual crimes and were later found not guilty, which in essence creates a narrative that does not challenge Brand’s conduct, on the basis of previous cases that have no connection to one another.
We also need to be mindful on the medias framing of the alleged witch hunt against Russell Brand and the problematic involvement that the UK government. The letter penned by Dame Dinenage sent to social media platforms in an attempt to demonetize Brand’s content should also be highlighted. While I support Brand being held accountable for any proven crimes he has committed, I feel these actions by UK government are hasty, and problematic considering there have been many opportunities for the government to step in on serious allegations about media personalities on the BBC and other news stations and they have not chosen to act. The step made by Dame Dinenage has contributed to the media madness and contributes to the out of hand and in many ways, nasty discussion around freedom of speech. The government’s involvement has deflected the importance of the victimisation and criminality. Instead, it has replaced the discussion around the governments overarching punitive control over society.
Brand has become a beacon of understanding to is 6.6 million followers during Covid 19 lockdowns, mask mandates and vaccinations. This was at a time when many people questioned government intentions and challenged the mainstream narratives around autonomy. Because Brand has been propped up as a hero to his ‘awakened’ followers the shift around his conduct and alleged crimes have been erased from conversation and debates around BIG BROTHER and CONTROL continue to shape the media narrative………
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What cost justice? What crisis?
The case of Andrew Malkinson represents yet another in the long list of miscarriages of justice in the United Kingdom. Those that study criminology and those practitioners involved in the criminal justice system have a reasonable grasp of how such cases come about. More often than not it is a result of police malpractice, negligence, culture and error. Occasionally it is as a result of poor direction in court by the trial judge or failures by the CPS, the prosecution team or even the defence team. The tragic case of Stefan Kiszko is a good example of multiple failures by different bodies including the defence. Previous attempts at addressing the issues have seen the introduction of new laws such as the Police and Criminal Evidence Act 1984 and the Criminal Procedure and Investigations Act 1996. The former dealing in part with the treatment of suspects in custody and the latter with the disclosure of documents in criminal proceedings. Undoubtedly there have been significant improvements in the way suspects are dealt with and the way that cases are handled. Other interventions have been the introduction of the Crown Prosecution Service (CPS), removing in part, charging decisions from the police and the introduction of the Criminal Cases Review Commission (CCRC) to review cases where an appeal has been lost but fresh evidence or information has come to light.
And yet, despite better police training regarding interviews and the treatment of suspects, better training in investigations as a whole, new restrictive laws and procedures, the independence of the CPS, the court appeal system and oversight by a body such as the CCRC, miscarriages of justice still occur. What sets the Malkinson case aside from the others appears to be the failure of the CCRC to take action on new information. The suggestion being that the decision was a financial one, with little to do with justice. If the latter is proved to be true, we will of course have to wait for the results of the inquiry, then how can anyone have any confidence in the justice system?
Over the years we have already seen swingeing cuts in budgets in the criminal justice system such that the system is overloaded. Try to pop into the local police station to make a complaint of a crime, you won’t find a station open to the public. Should you have been unfortunate enough to have been caught for some minor misdemeanour and need to go to magistrates’ court for a hearing, you’ll be lucky if you don’t have to travel some considerable distance to get there, good luck with that if you rely on public transport. Should you be the victim of a more serious crime or indeed charged with a more serious offence, triable in crown court, then you’ll probably wait a couple of years before the trial. Unfortunate if you are the alleged offender and on remand, and if you are the victim, you could be forgiven for deciding that you’d rather put it all behind you and disengage with the system. But even to get to that stage, there has to be sufficient evidence to secure a prosecution and it has to be in the public interest to do so. Your day in court as a victim is likely to be hang on the vagaries of the CPS decision making process. A process that has one eye on the court backlog and another on performance targets. Little wonder the attrition rate in sex offences is so high. Gone are the days of letting a jury decide on occasions where the evidence hangs on little more than one person’s word against the other.
Andrew Malkinson and his legal representative have called for a judicial review, a review where witnesses can be compelled to attend to give evidence and documentary evidence can be demanded to be produced. Instead, the government has said there will be an independent inquiry. On a personal note, I have little faith in such inquiries. My experience is that they are rarely independent of government direction and wishes. Andrew Malkinson’s case is a travesty and the least that can be done is to have a proper inquiry. I suspect though that the Malkinson case might just be the tip of the iceberg. The Criminal Justice System is in crisis but budgetary restraint and political whim seem to be far more important than justice. We can look forward to more finger pointing and yet more reorganisation and regulation.
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Freedom From Torture
Two weeks ago, we marked Refugee Week. The Freedom From Torture Northampton local group put on a showing of Matar, and a short documentary about making the film. Whilst the attendance was small, the showings were powerful and there was some heartful discussion around the importance of raising awareness, compassion and understanding around refugees and asylum seekers. And the importance of giving space to those voices who have lived these realities rather than being spoken for, and often over. The importance of space and empowerment is something all Criminologists and Criminology students will be familiar with.
One week ago we were witness to the Court of Appeal ruling that it was not safe to send asylum seekers to Rwanda, despite Suella Braverman’s ‘dream’ for the Conservative Party to ‘stop the boats’ via this unethical and inhumane migration bill. And whilst a huge sigh of relief leaves my body, I can’t help but feel anxious and angry at what is to come next. These people (the Government) have come from positions of power, comfort, security, wealth, and education- all their lives. They have no lived experience regarding why people flee from their home countries, the desperate need to run from unlawful prosecution, to want a safer life for themselves and their loved ones. So how are they best placed to decide on what response, (if there should be one), the country takes to immigration? There is also a racial element in relation to this: refugees from Ukraine were not met with the hostility and hate from this country, unlike asylum seekers and refugees from Syria or Afghanistan. Why is that? Well, for one thing the structural inequalities around ‘Whiteness’ is a place to start. The Government seems to have forgotten that people are running from harm, torture, and death. Running for their lives for the hope of a kinder, safer life.
Three weeks ago I signed up to run the Royal Parks’ Half Marathon on 8th October 2023. I am fundraising for Freedom From Torture which, whilst specific to fundraising, supporting and providing treatment for torture survivors, also work to campaign against the hatred and harmful policies being spouted by the Government against refugees and asylum seekers. I usually run 2-3 times a week, providing my body is playing ball which frustratingly appears to be less and less the case, but never more than 10km. A half marathon is just over 21km! So I’ve got a long way to go. But this distance is nothing compared to the miles and miles people fleeing harm, unlawful prosecution and/or torture have to endure. All support, be it financial or sharing blog posts and raising awareness on social media is highly appreciated. The link to my JustGiving Page can be found at the bottom of the blog alongside a very pink picture of me after a 5.58km ‘recovery run’.
Fair warning: my social media and blog posts will be dedicated to how I’m getting on in relation to the training, distance, blisters and will be accompanied by unflattering pictures of myself after various runs! But it’s important to remember WHY I’m running and WHO I’m running for.
Thanks for the support: I’ll keep you posted! JustGiving Link.
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Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
References:
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
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And still the message is the same…
Following on from last week’s blog entry from @5teveh, @jesjames50 explores further dimensions of Sarah Everard’s murder.
Recently we saw the sentencing of Sarah Everard’s kidnapper, rapist and murderer. He has received a whole life sentence. As a woman within society I welcome this sentence. As a criminologist I am at a loss. There is a lot to unpick here in terms of ‘justice’ and whether this has been served. It is pertinent to question the use of a whole life order on a violent, misogynistic, kidnapper, rapist and murderer; who cooperated after arrest, who pleaded guilty and expected the full force of the law. But I shall leave that to another day, as the media’s portrayal of the sentencing and aftermath is what is currently fuelling my anger. The message remains the same, women can and should do more to prevent their victimisation.
The sentence given is at odds with the coverage which has followed. Handing down the most severe sentence available in England and Wales represents the seriousness of the offence, and the damage it has caused to those directly involved and those further afield. The possibility that the offender was in a position of trust, has violated this trust and committed abhorrent acts appears to justify the whole life order. The comparison to terrorism, something which violence against women has been linked to before within academia, is also very telling. But what is the focus? The focus is on how women can go about feeling safe in society and make lines of inquiry if they have doubts about a police officer’s conduct! Here the onus is on women acting in a manner of keeping themselves safe. The message remains the same: women should prevent their victimisation. Excellent I’ll add this nugget of information to my bag of ‘top tips for walking alone at night’.
Why aren’t the media building on this platform to challenge misogynist attitudes? Why are they not raising awareness of violence against women? Sarah’s kidnapping, rape and murder is horrific: but what about the women who undergo daily violence at the hands of their partners, family, friends? These individuals are also in a position of trust and abuse this position to cause harm to women! Here the media could raise awareness about how deep-rooted the issue of violence against women is, but instead they reinforce the idea that women can prevent their victimisation, and that violence occurs at night, by a stranger, and will have the offender brought to justice. This is not the reality for the vast majority of women. It is an extreme and exceptional case (no doubt something True Crime will encapsulate in years to come) and this is further reinforced by the sentence given. Yet violence against women is not exceptional, or rare: it is an everyday reality! Something the media has failed to draw attention to. And by failing to cement Sarah’s kidnapping, rape and murder in the wider context of violence against women, it raises the potential to set a standard of violence against women. Those everyday cases which do not fit the same circumstances are not considered an issue.
My intentions are in no way to take away from the abhorrent crimes committed against Sarah. The crimes sit in the context of violence against women which is still a fundament issue overlooked within society, and has been overlooked once again. And the rhetoric which has followed, yet again, is around how women can protect themselves in the future. The message remains the same…
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Do we have to care?
In recently published The end-to-end rape review report on findings and actions the responsible minister admitted that “victims of rape [are] being failed”. This stark admission is based on data that indicates that the current situation on dealing with rape is far worst than 5 years ago. The ministers are “ashamed” of the data but luckily in their report they offer some suggestions on how to improve things; what to do to bring the conviction rates to the 2016 level and to move more cases forward for trial, leading to successful convictions. At that point, the report presents the Criminal Justice System [CJS] as a singular entity that needs to address the issue collectively. This, in part, is a fair assessment although it ignores the cultural differences of the constituent parts of the system. Nonetheless, the government has identified a problem, commissioned a report and has a clear “ambitious” plan of how to address it.
The report indeed presents some interesting findings and I urge people to review it whenever they can (https://www.gov.uk/government/publications/end-to-end-rape-review-report-on-findings-and-actions). We know for example already that the number of cases that went into prosecution were low; in the last years this has become even lower. That despite the prevalence rate remaining more or less the same. Victims report that they are treated poorly, not believed arguing that the investigative model needs changing. No wonder the ministers appear apologetic of the situation. A headline crime category that is likely to cause an uproar and whilst thinking of the political fallout they come out in support of the victims! Who wouldn’t? Supporting a victim of crime, any crime is one of the main objectives of the CJS; once they have handed out retribution and prioritised on making an example of specific crimes and focusing on particular criminals, then their focus is on the victims! The findings were expected, but even so when reading about the higher vulnerability of disabled women to rape and sexual abuse, underscores the systemic failure to deal with this crime. It does not read like care!
If I was an agitator, I would say that a criminal committing rape has less chance (statistically) to be convicted than someone who commits theft; but then I will be making a criminological cardinal sin; conflating criminalities and confusing the data. In our profession we deal with data all the time. Many of them come in the form of metrics looking at the way different crimes are reported, recorded etc. We also know that context gives a perspective to these data. Numbers may look the same, but that is arguably part of the problem. It does not take into account the source of the data and their circumstances. Not all numbers are the same and most importantly they do not measure similar trends. The way the success rates are to be measured is not dissimilar from before and without owning a magic ball, it can be foreseen that rape will remain as is. Of course, the metrics may change colour to signal improvement, but that will not alter the fundamental issues.
On the day, one may have their car broken into, to report the incident can be a requirement from their insurance if they are to cover the cost. On the day, the said person got raped by a current/former partner the matter is not about insurance. These acts are not similar and to treat criminality as a singularity draws up uneven comparisons. In this case we have a list of recommendations trying to ameliorate the bad metrics. What are the recommendations? The focus is again on the police and the Crime Prosecution Service [CPS] and the court experience the victims will have. Again, indicates that these institutions have been criticised before for similar failings. The change of practices in the police does not go as far as exploring the institutional culture. The CPS’s requirement to do more is tied with the successful cases they will prosecute. The need for the two organisations to work together more closely has been a discussion point for the last 20 years; as for the better experience in courts, it is definitely welcomed but in recent years, Victim Support as an organisation was stripped bare, the additional services cut and the domestic violence shelters disappearing. The call for more services was continuously met with the offer of voluntary organisations stepping in, into such a complex area to provide help and support. One may think that if we are to prioritise on victim experience these services may need to become professional and even expand the current ones.
Lastly in this document the tone is clear; the focus yet again is reactionary. We have some bad data that we need to change somehow; we have got some clear action plans and we can measure them (as the report intimates) at regular times. This approach is the main problem on dealing with rape! It does not offer any interventions prior to the crime. There is nothing to deal say with rape culture, the degradation of women, the inequality and the rape myths that women are still subjected to. Interestingly there are mention of empathy toward the rape victim but there is not a plan to instil empathy for people more widely. No plan to engage the educational system with respect for the other (whoever the other is; a woman, a person of colour, disability, different origin) regarding sexual behaviours. The report tenuously mentions consent (or lack of understanding it) instead of making plans how it can be understood across. Unfortunately, this crime reveals the challenges we face in the discipline but also the challenges we face as a society that has traded care for metrics and the tyranny of managerialism.
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Thinking Criminologically: Engaging with darkness
Often when you mention the word criminology to lay people outside of the academy, the initial response is “ooh that’s interesting” or “that sounds exciting”. The next step in the conversation usually reverts to the most extreme forms of interpersonal violence, murderers, serial killers and so on. For many, criminology appears to be the home of “whodunnits”. People talk of Ted Bundy, Ian Brady and Myra Hindley, Fred and Rose West and want to know why they did what they did. For decades, the unsolved case of Jack the Ripper has been pored over by authors, television makers and the general public. For those who choose to engage, we have seen the female victims of this unknown man, eviscerated, degraded and ultimately slain, again and again for the reader/viewers’ delectation. This is not criminology.
Criminology recognises there are no winners in crime, only people left shattered, those devastated by their actions or those impacted by criminality. People are left bloody, bowed and bereaved through victimisation by individuals, institutions and the State. Yet just look on a bookshops ‘Crime’ shelves or flick through the programme schedules and you will find no sign of this. As a society we revel in this darkness and package it as entertainment. This is not criminology.
On the news we see discussions around crime and criminals. What should we do? Shall we give the police yet more powers? Shall we give those oh so lenient judges less leeway for discretion? Should we lock the offenders up and throw away the key? Should we bring back National Service? What about a boot camp? Should we consider bringing back the death penalty? How can we teach these people a lesson they won’t forget? Notice that all of these suggestions are designed to be more and more punitive, no discussions are focused around purely rehabilitative programmes, defunding the police or penal abolition. This is not criminology.
The problem with all of the ideas contained within the preceding paragraphs, is they are entirely negative. Criminology despite its focus on crime, criminality and criminalisation, has a positive focus, motivated by empathy and non-violence, if not pacifism. It is about trying to understand complexity and nuance in human and institutional behaviour. It is not interested in simplistic, quick fire, off the cuff answers for crime. It is forward looking, unconcerned with the status quo and more focused on what ought or might be. It intrinsically has social justice at its heart, an overwhelming desire for fairness for everyone, not just some. This is criminology.
This month is Gypsy, Romany, Traveller History Month, this week is also Refugee Week. Both are groups rarely treated fairly, they are criminalised and subjected to victimisation by individuals, institutions and the State. Their narratives have profound importance to our society. These experiences are far more central to Criminology than who Jack the Ripper might have been. This is criminology.
Also the beginning of this week marked the fourth anniversary of the disaster at Grenfell Tower. The graffiti above (I know, @5teveh and @jesjames50!) seems to capture the feelings of many when we consider this horrific tragedy. I taught for the first time on Grenfell in 2020/2021 and again this year. Both times I have been wracked with huge concerns around whether it was appropriate (many of our students are intimately connected), whether it was too soon and whether I could teach around the disaster with sensitivity. Running counter to this was a strong belief that criminology had a duty to acknowledge the disaster and enable our students to also make sense of such horror. In classes we have utilised poetry, music, graffiti and testimony in sessions to give us all space to consider how we can respond as a society. The biggest question of all, is what would justice look like for the bereaved, the survivors, friends, families and neighbours, the first responders? Some of that discussion is focused on the Grenfell Inquiry but far more is on how we can support those involved, what kind of advocacy can we engage with and how we can all raise our voices. As a society we cannot bring the dead back to life, but we can insist that the survivors and their families get meaningful answers. We can also insist that we make room for these individuals and families to have their voices heard. We can demand that fundamental changes are made so that disasters like these do not happen again. That we learn valuable lessons. This is criminology.
Unfortunately, experience tells us that previous victims of similarly horrible disasters do not receive anything that approximates justice, consider the events at Hillsborough in 1989. Likewise, as a society we do not seem able to learn lessons from inquiries, think about the deaths of Victoria Climbié and Peter Connelly. Nevertheless, as humans we have huge capacity for change, we do not need to keep repeating the same behaviours ad nauseum. As scholars of criminology we are well placed to argue for this change, to understand holistically, the complexities of crime and deviance, to empathise and to make space for marginalised voices to be heard. In addition we must be prepared to challenge and advocate for change. Some of us may be pacifist in orientation, but we must never be passive! This is Criminology.
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What price justice?
Having read a colleague’s blog Is justice fair?, I turned my mind to recent media coverage regarding the prosecution rates for rape in England and Wales. Just as a reminder, the coverage concerned the fact that the number of prosecutions is at an all-time low with a fall of 932 or 30.75% with the number of convictions having fallen by 25%. This is coupled with a falling number of cases charged when compared with the year 2015/16. The Victims’ Commissioner Dame Vera Baird somewhat ironically, was incensed by these figures and urged the Crown Prosecution Service to change its policy immediately.
I’m always sceptical about the use of statistics, they are just simple facts, manipulated in some way or another to tell a story. Useful to the media and politicians alike they rarely give us an explanation of underlying causes and issues. Dame Vera places the blame squarely on the Crown Prosecution Service (CPS) and its policy of only pursuing cases that are likely to succeed in court. Now this is the ironic part, as a former Labour member of parliament, a minister and Solicitor General for England and Wales, she would have been party to and indeed helped formalise and set CPS policy and guidelines. The former Labour Government’s propensity to introduce targets and performance indicators for the public services knew no bounds. If its predecessors, the Conservatives were instrumental in introducing and promulgating these management ideals, the Labour government took them to greater heights. Why would we be surprised then that the CPS continue in such a vein? Of course, add in another dimension, that of drastic budget cuts to public services since 2010, the judicial system included, and the pursuit of rationalisation of cases looks even more understandable and if we are less emotional and more clinical about it, absolutely sensible.
My first crown court case involved the theft of a two-bar electric fire. A landlady reported that a previous tenant had, when he moved out, taken the fire with him. As a young probationary constable in 1983, I tracked down the culprit, arrested him and duly charged him with the offence of theft. Some months later I found myself giving evidence at crown court. As was his right at the time, the defendant had elected trial by jury. The judicial system has moved a long way since then. Trial by jury is no longer allowed for such minor offences and of course the police no longer have much say in who is prosecuted and who isn’t certainly when comes to crown court cases. Many of the provisions that were in place at the time protected the rights of defendants and many of these have been diminished, for the most part, in pursuit of the ‘evil three Es’; economy, effectiveness and efficiency. Whilst the rights of defendants have been diminished, so too somewhat unnoticed, have the rights of victims. The lack of prosecution of rape cases is not a phenomenon that stands alone. Other serious cases are also not pursued or dropped in the name of economy or efficiency or effectiveness. If all the cases were pursued, then the courts would grind to a halt such have been the financial cuts over the years. Justice is expensive whichever way you look at it.
My colleague is right in questioning the fairness of a system that seems to favour the powerful, but I would add to it. The pursuit of economy is indicative that the executive is not bothered about justice. To borrow my colleague’s analogy, they want to show that there is an ice cream but the fact that it is cheap, and nasty is irrelevant.
Thoughts from the criminology team 