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It’s all about perspective…
Within criminology, and other social science disciplines, the understanding that knowledge is socially constructed and meaning is given to things from people and their interactions is particularly pertinent: especially for researchers involved with people. And ‘perspective’ can be challenging to navigate, challenging to be critical of and challenging to recognise within and outside of a research context. Thinking about the public, the understanding of the nature of knowledge is often taken at face value and not viewed critically; perhaps a skill or requirement which should be part of mainstream education, then again maybe not. Consider the below example, your thoughts and attitudes towards the actors, actions and outcomes… consider your perspective.
A boy begins testing boundaries with his father, he deliberately disobeys him around where he can go and what he can do. He even encourages a friend to join him on his adventures: ducking away from the adult eyes that are watching over them. The boy is told off for putting himself and friend in a dangerous situation, and he appears sincere for his mistakes. Alas, he finds himself in trouble again; this time with dire consequences. The boy’s father dies trying to get him out of trouble. The boy runs away to a place where his past is unknown, and joins a group of outcasts. He grows up into a young man on the fringes of society. He is persuaded to return home, whereby he is involved in a violent fight, which almost results in his death. Luckily, he overcomes his opposition; finding himself with a only a few cuts and bruises. His opponent is forced to flee. He is triumphant, but at what cost?
This is one perspective and overview: from an outsider looking in. There are other ways to describe the example below (which we will come on to), but firstly: what are your thoughts on the young boy and his behaviour? What outcomes are required, if any, and at what stages of this boy’s life? Is this something which requires support, love and care or surveillance, control and discipline?
Another way of looking at the above scenario is to watch the Lion King (1994).1 The young boy in question is Simba. Maybe you already spotted that, maybe you aren’t familiar with the story or perspectives the film is told by. Perspectives matter….
- For those less familiar with Disney animations, the themes are also apparent within Shakespeare’s Hamlet (c. 1600). ↩︎
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By whose standards?
This blog post takes inspiration from the recent work of Jason Warr, titled ‘Whitening Black Men: Narrative Labour and the Scriptural Economics of Risk and Rehabilitation,’ published in September 2023. In this article, Warr sheds light on the experiences of young Black men incarcerated in prisons and their navigation through the criminal justice system’s agencies. He makes a compelling argument that the evaluation and judgment of these young Black individuals are filtered through a lens of “Whiteness,” and an unfair system that perceives Black ideations as somewhat negative.
In his careful analysis, Warr contends that Black men in prisons are expected to conform to rules and norms that he characterises as representing a ‘White space.’ This expectation of adherence to predominantly White cultural standards not only impacts the effectiveness of rehabilitation programmes but also fails to consider the distinct cultural nuances of Blackness. With eloquence, Warr (2023, p. 1094) reminds us that ‘there is an inherent ‘whiteness’ in behavioural expectations interwoven with conceptions of rehabilitation built into ‘treatment programmes’ delivered in prisons in the West’.
Of course, the expectation of adhering to predominantly White cultural norms transcends the prison system and permeates numerous other societal institutions. I recall a former colleague who conducted doctoral research in social care, asserting that Black parents are often expected to raise and discipline their children through a ‘White’ lens that fails to resonate with their lived experiences. Similarly, in the realm of music, prior to the mainstream acceptance of hip-hop, Black rappers frequently voiced their struggles for recognition and validation within the industry due similar reasons. This phenomenon extends to award ceremonies for Black actors and entertainers as well. In fact, the enduring attainment gap among Black students is a manifestation of this issue, where some students find themselves unfairly judged for not innately meeting standards set by a select few individuals. Consequently, the significant contributions of Black communities across various domains – including fashion, science and technology, workplaces, education, arts, etc – are sometimes dismissed as substandard or lacking in quality.
The standards I’m questioning in this blog are not solely those shaped by a ‘White’ cultural lens but also those determined by small groups within society. Across various spheres of life, whether in broader society or professional settings, we frequently encounter phrases like “industry best practices,” “societal norms,” or “professional standards” used to dictate how things should be done.
However, it’s crucial to pause and ask:
By whose standards are these determined?
And are they truly representative of the most inclusive and equitable practices?
This is not to say we should discard all concepts of cultural traditions or ‘best practices’. But we need to critically examine the forces that establish standards that we are sometimes forced to follow. Not only do we need to examine them, we must also be willing to evolve them when necessary to be more equitable and inclusive of our full societal diversity.
Minority groups (by minority groups here, I include minorities in race, class, and gender) face unreasonably high barriers to success and recognition – where standards are determined only by a small group – inevitably representing their own identity, beliefs and values.
So in my opinion, rather than defaulting to de facto norms and standards set by a privileged few, we should proactively construct standards that blend the best wisdom from all groups and uplift underrepresented voices – and I mean standards that truly work for everyone.
References
Warr, J. (2023). Whitening Black Men: Narrative Labour and the Scriptural Economics of Risk and Rehabilitation, The British Journal of Criminology, Volume 63, Issue 5, Pages 1091–1107, https://doi.org/10.1093/bjc/azac066
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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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The 7 Year Itch
Back in 2017, as a team we started talking of developing a forum where we can write about ideas, which we had run out of time to discuss in class or wanted to raise in addition to what we do. The first of our entries was called “Reflections from a Pilot” and it was all about the prison module we were running. Since then, all colleagues, many students, graduates and esteemed fellows have contributed to our blog, bringing a variety of perspectives and opinions. The bulk of the reflections are mostly focused on the discipline of Criminology but there are several others that explore wider educational issues, social situations, and cultural commentary. This alone demonstrates the variety and extent that our discipline can go into inspiring people who have been given the criminological gaze.
700 blog posts later and we are still going strong. As a team we have seen, Brexit, the relocation to a new campus, a global pandemic, war in Europe, environmental issues and many more. We have commented on crimes and criminalities, cultural conventions, and wider social issues. Our students and graduates brought in their reflections from the challenges on studying to presenting their own research and criminological interests. One of our esteemed colleagues Dr Steve O’Brien blogged about the Hillsborough disaster drawing the connections between sports, policing, and criminology. An interesting juxtaposition, but not unique when it comes to criminology.
We produced several posts that followed the academic year, from welcome week to exams and graduation, whilst we simultaneously posed questions about content and material that we thought our students and readers outside of our campus will find interesting. Our objective was to instigate conversations, to inform and to motivate. We have received emails, comments and we have started conversations based on the topics we introduced. Our blog entries have reflected on the life changes colleagues and students have gone through, with the most notable the pandemic, when we tried to make sense of it and keep our spirits up for the team and the people around us. Teams in academia change, form, reform, group, regroup but regardless of that we continue “to keep calm and carry on”. That is the nature of academia! The continued strive for improvement is one of those traits that are so underrated.
Overall, the initial concept of sharing ideas was surpassed by the variety of use we have for the blog. We have found many different creative ways, including posts from our book club, reflections on movies, whilst we also managing to attract guest authors who provide some excellent insight like our travelling blogger Diepiriye or our social commentator Tré who brought in some cultural paradigms to the blog. The blog became a collective noticeboard of ideas that demonstrated the diversity and reach of the discipline of Criminology. In an ever-changing world we feel proud that we raise the flag for issues regarding social justice, equality, education. We took our personal experiences and expertise and put them in a context for our wider academic community but also for anyone who is interested in what we have to say. We would like to thank all those who took the time to read our blogs. Some of you are avid readers and we thank you; to our contributors past and present for your insight and to the people who shared our stories our gratitude for increasing the extent of our readership. From a few people at the beginning, we have become a blog with a readership of over 10K. We are delighted and we raise our virtual glass to all! 7 years went through so quickly, so here’s for the next 7 years and beyond! -Spoiler alert- Next year the team will be celebrating our Silver Jubilee so keep reading as more interesting blogs are to come!
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State Crime
A year ago, on this day a terrible accident took place. Two trains collided head on: a passenger and a cargo train. The crash was ferocious, following a massive bright explosion, that was heard for miles. The official count of fatalities are 57 dead and over 100 injured, some of whom very seriously, one of whom at least on a medically-induced coma. The term accident implies something that happened unintentionally and unexpectedly. As the story emerged, different elements came to the surface which indicated that what happened, was not unexpected. The people who worked in the train service raised the alarm months, if not years in advance, sending official statements to the relevant departments and the minister for transport. There were several accidents months before the disaster and there were calls to correct the infrastructure, including the signalling system. Several politically motivated appointments in key positions also meant that the people in the organisation at certain levels lacked the expertise and knowledge to work with the complexities of the railways. The employees’ protests were largely ignored as they never received an official response. So, was it an accident, a disaster, or a crime?
I have left the details, names and even the country of the disaster out, for one reason only. This tragedy can happen in any place at any time and for any kind of people. The aftermath leaves people wondering why it happened and if it was preventable. The pain of those who lost loved ones transcends borders, race, and origin. The question posed earlier remains. Worldwide we have seen similar disasters some of which have permanently marked the local and international community. It is the way we deal with the aftermath that will partially answer the question of what this tragedy was. A disaster goes in deep highlighting questions such as; what do people pay taxes for, what is the role of the State and how important is human life?
People in position of power were warned about it beforehand. There were similar incidents that should have signalled that something wasn’t right. There was underfunding and lack of staffing. All of these may have happened separately, but considered together, they cannot support this being an accidental event. It was a disaster waiting to happen. Then the question is whether this event is a crime or not. Crime is usually seen as a social construction of individual behaviour in conflict with social conventions. This focuses crime onto an action by an individual and therefore the motivations and intent focus on the usual gains, opportunity and other personal rewards. This approach largely ignores an entire section of criminology that deals with harm and social injustices. A crime of this magnitude has individual actors who for their own motivations contributed to the disaster. Nonetheless this is something bigger; it encompasses, services, organisations, departments, and ministries. This is a State crime. Different parts of the State contributed to the disaster and once it happened, they tried to provide a harried response on an individual’s fault…human error.
Years ago, in another place the toxic gases of a plant killed and blinded thousands of people; a nuclear cloud was released in another incident and people were made to evacuate their homes for ever. Some years ago, a fault in a type of plane grounded an entire fleet after a couple of crashes. A terrible earthquake which revealed errors in construction and design. Boats full of people sinking and no one seems to take any notice. A similar picture in most disasters: people looking for their loved ones, feeling powerless in front of a State that took decisions to ignore the risk and the calls of the experts. So, what does this train disaster, the plane crashes, the boat sinkings and the earthquake destruction have in common? They are all State crimes. In modern literature we have learnt to recognise them, identify the commonalities, and explain what a State crime is. What we haven’t done as effectively is to find a way to punish those responsible. Each State, like in this train disaster, recoils into providing all necessary information and changing its mechanisms; maybe because for some countries profit is above people, providing of the main intentions behind State crime. Whilst the State delays, the dead await justice.
In memoriam to the 57 and to the millions of victims of state crimes.
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2024: the year for community and kindness?
The year 2023 was full of pain, loss, suffering, hatred and harm. When looking locally, homelessness and poverty remain very much part of the social fabric in England and Wales, when looking globally, genocide, terror attacks and dictatorships are evident. Politics appear to have lost what little, if any, composure and respect it had: and all in all, the year leaves a somewhat bitter taste in the mouth.
Nevertheless, 2023 was also full of joy, happiness, hope and love. New lives have been welcomed into the world, achievements made, milestones met, communities standing together to march for a ceasefire and to protest against genocide, war, animal rights, global warming and violence against women to name but a few. It is this collective identity I hope punches its way into 2024, because I fear as time moves forward this strength in community, this sense of belonging, appears to be slowly peeling away.
When I recollect my grandparents and parents talking about ‘back in the day’ what stands out most to me is the community identity: the banding together during hard times. The taking an interest, providing a shoulder should it be required. Today, and even if I think back critically over the pandemic, the narrative is very singular: you must stay inside. You must be accountable, you must be responsible, you must get by and manage. There is no narrative of leaning on your neighbours, leaning on your community to the extent that, I’m under the impression, existed before. We have seen and felt this shift very much so within the sphere of criminal justice: it is the individual’s responsibility for their actions, their circumstances and their ‘lot in life’. And the Criminologists amongst you will be uttering expletives at this point. I think what I am attempting to get at, is that for 2024 I would like to see a shared identity as humankind come front and central. For inclusivity, kindness and hope to take flight and not because it benefits us as singular entities, but because it fosters our shared sense of, and commitment to, community.
But ‘community’ exists in so much more than just actions, it is also about our thoughts and beliefs. My worry: whilst kindness and support exist in the world, is that these features only exist if it does not disadvantage (or be perceived to disadvantage) the individual. An example: a person asks me for a sanitary product, and having many of them on me the vast majority of the time, means I am able and happy to accommodate. But what if I only had one left and the likelihood of me needing the last one is pretty high? Do I put myself at a later disadvantage for this person? This person is a stranger: for a friend I wouldn’t even think, I would give it to them. I know I would, and have given out my last sanitary product to strangers who have asked on a number of occasions. And if everyone did this, then once I need a product I can have faith that someone else will be able to support me when required. The issue, in this convoluted way of getting there, is for most of us (including me as evidenced) there is an initial reaction to centralise ‘us’ as an individual rather than focus on the community aspect of it. How will, or even could, this impact me?
Now, I appreciate this is overly generalised, and for those that foster community to all (not just those in their community and are generally very selfless) I apologise. But in 2024, I would like to see people, myself included, act and believe in this sense of community rather than the individualised self. I want people to belong, to support and to generally be kind and not through thinking about how it impacts them to do so. We do not have to be friends with everyone, but just a general level of kindness, understanding and a shared want for a better, inclusive, and safe future would be great!
So Happy New Year to everyone! I hope our 2024 is full of peace, prosperity, community, safety and kindness!
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Festive messages, a legendary truce, and some massacres: A Xmas story
Holidays come with context! They bring messages of stories that transcend tight religious or national confines. This is why despite Christmas being a Christian celebration it has universal messages about peace on earth, hope and love to all. Similar messages are shared at different celebrations from other religions which contain similar ecumenical meanings.
The first official Christmas took place on 336 AD when the first Christian Emperor declared an official celebration. At first, a rather small occasion but it soon became the festival of the winter which spread across the Roman empire. All through the centuries more and more customs were added to the celebration and as Europeans “carried” the holiday to other continents it became increasingly an international celebration. Of course, joy and happiness weren’t the only things that brought people together. As this is a Christmas message from a criminological perspective don’t expect it to be too cuddly!
As early as 390 AD, Christmas in Milan was marked with the act of public “repentance” from Emperor Theodosius, after the massacre of Thessalonica. When the emperor got mad they slaughtered the local population, in an act that caused even the repulson of Ambrose, Bishop of Milan to ban him from church until he repented! Considering the volume of people murdered this probably counts as one of those lighter sentences; but for people in power sentences tend to be light regardless of the historical context.
One of those Christmas celebrations that stand out through time, as a symbol of truce, was the 1914 Christmas in the midst of the Great War. The story of how the opposing troops exchanged Christmas messages, songs in some part of the trenches resonated, but has never been repeated. Ironically neither of the High Commands of the opposing sides liked the idea. Perhaps they became concerned that it would become more difficult to kill someone that you have humanised hours before. For example, a similar truce was not observed in World War 2 and in subsequent conflicts, High Commands tend to limit operations on the day, providing some additional access to messages from home, some light entertainment some festive meals, to remind people that there is life beyond war.
A different kind of Christmas was celebrated in Italy in the mid-80s. The Christmas massacre of 1984 Strage Di Natale dominated the news. It was a terrorist attack by the mafia against the judiciary who had tried to purge the organisation. Their response was brutal and a clear indication that they remained defiant. It will take decades before the organisation’s influence diminishes but, on that date, with the death of people they also achieved worldwide condemnation.
A decade later in the 90s there was the Christmas massacre or Masacre de Navidad in Bolivia. On this occasion the government troops decided to murder miners in a rural community, as the mine was sold off to foreign investors, who needed their investment protected. The community continue to carry the marks of these events, whilst the investors simply sold and moved on to their next profitable venture.
In 2008 there was the Christmas massacre in the Democratic Republic of Congo when the Lord’s Resistance Army entered Haut-Uele District. The exact number of those murdered remains unknown and it adds misery to this already beleaguered country with such a long history of suffering, including colonial ethnic cleansing and genocide. This country, like many countries in the world, are relegated into the small columns on the news and are mostly neglected by the international community.
So, why on a festive day that commemorates love, peace and goodwill does one talk about death and destruction? It is because of all those heartfelt notions that we need to look at what really happens. What is the point of saying peace on earth, when Gaza is levelled to the ground? Why offer season’s wishes when troops on either side of the Dnipro River are still fighting a war with no end? How hypocritical is it to say Merry Christmas to those who flee Nagorno Karabakh? What is the point of talking about love when children living in Yemen may never get to feel it? Why go to the trouble of setting up a festive dinner when people in Ethiopia experience famine yet again?
We say words that commemorate a festive season, but do we really mean them? If we did, a call for international truce, protection of the non-combatants, medical attention to the injured and the infirm should be the top priority. The advancement of civilization is not measured by smart phones, talking doorbells and clever televisions. It is measured by the ability of the international community to take a stand and rehabilitate humanity, thus putting people over profit. Sending a message for peace not as a wish but as an urgent action is our outmost priority.
The Criminology Team, wishes all of you personal and international peace!
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Navigating the Realm of Harm Reduction in the Midst of Chaos
In recent years, Canada has emerged as a trailblazer in progressive drug policy by embracing a bold approach to decriminalization. This paradigm shift represents a departure from the traditional punitive stance toward drug offenses, instead prioritizing harm reduction strategies. As the nation navigates the complex terrain of drug policy reform, it becomes evident that this move holds the promise of addressing public health issues more effectively.
The decriminalization of drugs in Canada is rooted in a recognition of the failure of punitive measures to curb substance abuse. Rather than treating drug addiction as a criminal issue, the emphasis is now on approaching it as a public health concern. By lifting criminal penalties for possession of small amounts of drugs, the Canadian government aims to break the cycle of imprisonment and provide individuals struggling with addiction access to the help they need.
At the core harm reduction is a guiding principle in Canada’s evolving drug policy. Instead of focusing solely on preventing drug use, the emphasis has shifted to minimizing the negative consequences associated with it. This approach includes the distribution of clean needles, supervised injection sites, and access to overdose-reversing medications. By adopting harm reduction strategies, Canada aims to protect the well-being of both individuals using drugs and the broader community.
The decision to decriminalize drugs draws inspiration from the success of Portugal’s approach. In 2001, Portugal decriminalized the possession and use of all drugs, opting for a health-focused model. Over the years, Portugal has witnessed a decline in drug-related deaths, HIV infections, and problematic drug use. Canadian policymakers are eager to replicate these positive outcomes and shift the narrative around drug use from punishment to rehabilitation.
Despite the potential benefits, the decriminalization of drugs in Canada has sparked debates and concerns. Many people have argued that lenient drug policies may contribute to increased drug use, while others worry about the potential strain on public resources for addiction treatment. Furthermore, investigative reporter Tyler Oliveira has demonstrated the damaging effects of drug misuse and homelessness in Vancouver. From watching his investigation, I wonder whether the Canadian government could better use their resources to tackle issues pertaining to homelessness, rather than creating a wider problem of social ills. While there are calls to treat people with issues of addiction more humanely in Canada, Oliveira’s documentary is shocking and, in many ways, frightful. With images of large amounts of methamphetamine users unable to walk and becoming extremely violent to healthcare workers and the general public I wonder if this more towards progressive policy has gone too far (I don’t know how I would feel inhaling meth fumes on my way to my local shop).
Striking a balance between personal freedom and public welfare remains a challenge, but advocates believe that the emphasis on harm reduction will ultimately lead to better outcomes for everyone….
Decriminalization opens the door for more community involvement in addressing drug-related issues. Local initiatives, grassroots organizations, and community outreach programs gain significance as they become crucial players in the broader strategy of harm reduction. By empowering communities, Canada aims to foster a collaborative and compassionate approach to tackling the complex issue of drug addiction.
Canada’s journey toward the decriminalization of drugs represents a paradigm shift in the global war on drugs. By embracing harm reduction as a cornerstone of its strategy, the nation aims to prioritize the health and well-being of its citizens over punitive measures. The lessons learned from Portugal and other progressive models underpin the potential for positive change. As Canada continues to navigate the complexities of drug policy reform, the emphasis on harm reduction holds the promise of transforming the narrative around drug use and addiction. Only time will tell if this bold approach will lead to a healthier, more compassionate society.
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For Tyre’s last Five badges. (spoken word)
The badges you wear were betrayed the very instant you flashed your sights on me.
You had nothing good in mind from the start.
I was doomed from the beginning.
By the time the brutality started,
The senselessness of it all kept my body numb to the assault.
“What did I do,” I keep asking, as
Your brutal blows, strongholds and punches bend my body into painful pretzels.
While y’all’ve got me firmly pressed against the pavement, y’all yell:
“Get on the ground.”
Pressed on the ground, I say disarmingly:
“You guys are really doing a lot right now.”
My calmness stands out against all your unwavering aggressions.
Yet, you continue to play the same game: “Get on the ground.”
Beneath the ground there is only hell, and yet
My face pressed against the gravel by your hooves feels like hell, right here, right now.
‘Watching the world wake up from history.’
As if wielding your fists and batons, tasers and bullets don’t threaten me enough,
There are five of you, and
Each of you is massive.
Each of you …highly trained, experienced, and tremendously pumped up.
I am a little weasel sized up against any one of you, and
You are a mob of five.
Too weak to lift my own self, two officers hoisted me up by my limp arms, blood streaming from my head and outta ev’ry orifice, voice too weak to shout. I’m beaten badly, and yet you continue to brutalise me.
Manhandled.
I stumble up, firmly in your grasp, and all I do is plead, which gave enough time for another officer to grab a baton.
He quickly came back with the baton, screaming “give us your hands,” while the two officers still restrained me by these very same hands.
You continually scream “Stop resisting,” while
At least two if not three of you all strangling some part of my body.
The agony is immense.
You’re a pack on the hunt.
You chase me down, and
Torture and kick me more feverishly for running away.
I am in a battle for my life, you…
You are in a battle for your manhood.
“Bruh, you say, and words like these are the same words used to connect us to one another.
The words you use to abuse me could be endearing in another context.
Yet you have the nerve to call me “bruh,” and beat your brother to death.
‘I was alive and I waited, waited’
Waited for your humanity to show up,
Waited for justice to be served to me equally.
‘I was alive and I waited, waited,’ waited three days in the hospital…and
Neither justice nor your humanity ever showed up.
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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.
Thoughts from the criminology team 