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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!
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.
How I became an evil man
My love of poetry came in my sleep like a dream, a fever I could not escape and in little hours of the day I would read some poetry from different people who voice the volume of their emotions with words. In one of those poems by Elleni Vakalo How he became a bad man, she introduced me to a new understanding of criminological thinking. The idea of consequences, that lead a seemingly good person to become bad, without the usual motivational factors, other than fear. This was the main catalyst that became the source of this man’s turn to the bad.
This almost surrealistic description of criminal motivation has since fascinated me. It is incredibly focused, devoid of social motivations and personal blame. In fact, it demonstrates a social cognition that once activated is powerful enough to lead a seemingly decent person to behave in uncharacteristic moves of violence. This interesting perspective was forged during the war and the post war turmoil experienced. Like Camus, the act of evil is presented as a matter of fact and the product of thoughts that are originally innocent and even non-threatening.
The realisation in this way of thinking, is not the normalisation of violence, but the simplicity that violence in innate to everyone. The person who commits it, is not born for it, does not carry an elaborate personal story or trauma and has no personal compulsion to do it. In some ways, this violence is more terrifying, as criminality can be the product of any person without any significant predispositions, an everyday occurrence that can happen any time.
The couple that will meet, fall in love, cohabit, and get married, starting a family, follow all the normal everyday stages that millions of people follow or feel socially obliged to follow. In no part of this process do they discuss how he will control her, demean her, call her names, slap her, hit her or kick her. There is no plan or discussion of how terrified she will become, socially isolated and humiliated. At no point in the planning, will she be thinking of ways to exit their home, access helplines or spend a day in court. It happens, as a product of small thoughts and expressed emotions, that convert into micro aggressions, that become overt hostility, that leads to violence. No significant changes, just a series of events that lead to a prolonged suffering.
In some way, this matter of fact violence explains the confusion the victims feel, trapped in a relationship that they cannot recognise as abusive, because all other parts fall under the normality of everyday life. Of course, in these situations, emotion plays a key role and in a way that rearranges logic and reason. We are driven by emotion and if we are to leave criminological theory for a minute a series of decisions, we will make daily take a journey from logic to emotions and back.
This emotional change, the manifestation of thoughts is not always criminal nor destructive. The parents who are willing to fight an entire medical profession so that their newborn has a fighting chance are armed with emotion. Many stories come to mind of those who owe their lives to their determination of their parents who fought logic and against the odds, fought to keep them alive. Friends and partners of people who have been written off by the criminal justice system that assessed them as high risk for society and stuck with them, holding on to emotion as logic departs.
In Criminology, we talk about facts and figures, we consider theories and situations, but above all as a social science we recognise that we deal with people; people without emotions do not exist. So how do you/how do I become a bad man? Simple…the same way you are/I am a good man.
This is the poem by Eleni Vakalo, with my painful translation:
How He Became A Bad Man
I will tell you how it happened
In that order
A good little man met on his way
a battered man
the man was so close from him laying
he felt sad for him
He was so sad
That he became frightened
Before approaching him to bend down to
help him, he thought better
“What do you want, what are you looking for”
Someone else will be found by so many around here,
to assist this poor soul
I have never seen him
And because he was scared
So he thought
Would he not be guilty, after all no one is hit without being guilty?
And they did him good since he wanted to play with the nobles
So he started as well
To hit him
Beginning of the fairy tale
A utilitarian argument for human rights
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.
Friday the 13th
Odd thing superstition, it makes reasonable and seemingly rational people think and behave in the most irrational and inexplicable manner. Always we notice these behaviours and thoughts in other people, but so many of us carry in the back of our minds equally irrational ideas and beliefs. We hear of football club managers who always wear the same clothes at a game, athletes that engage in the same pre-game routine and of course, politicians who act in certain ways during their election campaign. For the rest of us there are ladders in the street, black cats, that we may avoid or there are dates in the calendar that we take notice. Friday the 13th is one of those Anglo-Saxon dates that people take notice of.
I am sure that some of my historian friends will be able to give a good account of the origin of the unfortunate date, but I can only go with the “official tradition” of Jesus, the 13th student, (Judas) and his subsequent arrest on the Friday before the Crucifixion. The day, somehow, became one of those that we notice, even when we are not superstitious. There is even a psychologically recognised fear of the date Triskaidekaphobia; which in Greek means the fear of 13! Of course social fears are blended with wider social anxieties, whether that is the fear of the unknown or the realisation that in life, there are things that we have little control of.
In the days leading up to this Friday the 13th we engaged with political discussions about what direction the country shall take. The health service, the justice system, the state’s responsibility, all the way to welfare and the state of the union, were all eclipsed by one topic that has dominated discourses, that of the execution of leave from the European Union commonly known as Brexit. Ironically the “exit” preface was used before for Greece (Grexit), and Italy (Italexit) but seems that Brexit has won the battle of the modern lexicon. The previous “exits” where used as a cautionary tale for the countries being forced out of the union, whilst Brexit is about leaving the Union.
Having considered all the issues, this one issue became the impetus for people to give politicians a mandate. Complete this issue before and above all the rest. It is an issue likened to a divorce, given a texture, (soft/hard) and has even been seen as the reason for generational conflicts. Therefore the expectation is clear now . Leave the European Union, and then let’s see what we can do next. The message is fairly clear and the expectation is palpable. Beliefs and hopes of the people narrowed down to one political move that shall terminate membership to the European Union. Of course there are subsequent questions and issues that this act of national defiance may come with. As for the state of the Union, that may have to be the next thing we discuss. This follow up conversation may not be as welcome, but it is definitely interesting. If joining the EU back in 1975, warranted a discussion, then the 1536 Act of Union may become the next topic for conversation. As for healthcare, justice, education and welfare, we may have to wait a little bit more longer. Whether this will mark Friday 13th December 2019 as a date of fortune or misfortune, that is yet to be decided, but that is the same for every day of the week.
Just for your records and for the Triskaidekaphobians out there, the next Friday the 13 is in March 2020 followed by the one in November 2020. Just saying…