Home » Crime and Justice
Category Archives: Crime and Justice
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.
The knife was raised for the first time, and it went down plunging into naked flesh; a spring of blood flowed cascading and covering all in red. The motion was repeated several times. Abel fell to his death and according to scriptures this was the first crime. Cain who wielded the knife roamed the earth until his demise. The fratricide that was committed was the first recorded murder and the very first crime. A colleague tried to be smart and pointed that the first crime is Eve’s violation in the garden with the apple, but I did point out that according to Helena Kennedy QC, she was framed! In the least Eve’s was a case of entrapment which is criminological but leaves the first crime vacant. So, murder it is! A crime of violence that separates aggressor and victim.
The response to this crime is retribution. In the scriptures a condemnation to insanity. In later years this crime formed the basis of the Mosaic Law inclusive of the 10 commandments and death as the indicative punishment. In the Ancien Régime the punishment became a spectacle on deterrence whilst the crowds denounced the evildoer as they were wheeled into the square! In modern times this criminality incorporated rehabilitation to offer the opportunity for the criminal to repent and make amends.
‘The first man who having enclosed a piece of ground bethought himself of saying “This is mine”’! This is an alternative interpretation of the first crime, according to Jean-Jacques Rousseau (1762/1993: 192). In The Social Contract he identifies the first crime very differently from the scriptures. In this case the crime is not directed at a person but the wider community. The usurping of land or good in any manner that violates the rights of others is crime because it places individualism ahead of the common good. As in this crime there is no violence against the person, the way in which we respond to it is different. Imperialism as a historical mechanism accepts the infringement of property, rights, and human rights as a necessity in human interactions. The law here is primarily protected for the one who claims the land rather than those who have been left homeless. In this case, crime is associated with all those mechanisms that protect privilege and property. Soon after titles of land emerged and thereafter titles of people owning other people follow. The land becomes an empire, and the empire allows a man and his regime to set the laws to protect him and his interests. Traditionally empires change from territories of land to centres of government and control of people. The land of the English, the land of the Finnish, the land of the Zulu. In this instance the King become a figure and custom law subverts natural law to accommodate authority and power.
These two “original” crimes represent the diversity in which criminology can be seen; one end is the interpersonal psychological rendition of criminality based on the brutality of violence whilst on the other end is an exploration of wider structural issues and the institutional violence they incorporate. The spectrum of variety criminology offers is a curse and a blessing in one. From one end, it makes the discipline difficult to specify, but it also allows colleagues to explore so many different issues. Regardless of the type of crime category for any person attracted to the discipline there is a criminology for all.
Between these two polar apart approaches, it is interesting to note their interaction. In that it can be seen the interaction of the social and historical priorities of crime given at any given time. This historical positivism of identifying milestones of progression is an important source of understanding the evolution of social progression and movements. Let’s face it, crime is a social construct and as such regardless of the perspective is indicative of the way society prioritises perceptions of deviance.
Arguably the crimes described previously denote different schools of thought and of course the many different perspectives of criminology. A perfectly contorted discipline that not only adapts following the evolution of crime but also theorises criminality in our society. When you are asked to describe criminology, numerous associations come to mind, “the study of crime and criminality” the “discipline of criminal behaviours” “the social construction of crime” “the historical and philosophical understanding of crime in society across time” “the representation of criminals, victims, and agents in society”. These are just a few ways to explain criminology. In this entry we explore the origins of two perspectives; theology and sociology; image that the discipline is influenced by many other perspectives; so consider their “origin” story. How different the first crime can be from say a psychological or a biological perspective. The origins of criminology is an ongoing tale of fascinating specialisms.
Rousseau, Jean-Jacques, (1762/1993), The Social Contract and Discourses, tr. from the French by G.D.H. Cole, (London: Everyman’s Library)
At the heart of the “National Memorial for Peace and Justice” (Lynching memorial) is a vast collection of giant, rusty metal, rectangular pillars, hanging tightly together like a neatly planned and well-looked-after orchard.
Etched in each are the names of (known) lynching victims by date.
The pillars are hung so cleverly that one has to experience this artistic installation in person.
Nonetheless, the subject of white terrorism in the deep south is heavy,
Which is perhaps why Guests are invited to visit the nearby museum before the Memorial.
One needs time to prepare.
Naturally, sandwiched between enslavement and mass incarceration exhibits,
The museum also has an array of material on lynching.
This included a giant mural of jars surrounded by videos, infographic murals, maps and
An interactive register of every known lynching by county, date, state, and name.
I’m still stuck on the mural of snapshots of actual lynching advertisements, and
Pictures of actual news reports of victims’ final words.
These were the actual final words of folks etched forever in these hanging, rusty pillars.
Ostensibly, written by war correspondents.
Standing in awe of the museum’s wall of jars, I chatted with a tall Black man about my age.
He’d traveled here from a neighboring state with his teen son to, as he said,
“See how this stuff we go through today ain’t new.”
I recounted to him what a young man at the EJI memorial had showed me a few years ago:
A man’s name who’d been lynched early last century for selling loose cigarettes –
Just like Eric Garner!
Yet, even since then,
Amadou Diallo was shot 19 times in 1999, standing on his own stoop
And while Jayland Walker got 46 bullets this year while fleeing on foot.
Tamir Rice was a little boy.
A little boy playing in the park. But his mere presence terrified a white man.
So he called 9-1-1 and the police showed up and shot Tamir within seconds!
We can watch the tape.
After their own legal work in representing the wrongfully imprisoned for damn near life,
EJI began collecting jars of dirt near every known lynching, and
If invited by local officials, EJI would offer a memorial plaque and ceremony commemorating that community’s recognition of historic injustice(s).
An open field sits next to the suspended pillars, filled with a duplicate of each pillar.
These duplicates sit, having yet to be collected and properly dedicated by each county.
These communities are denied healing, and we know wounds fester.
The field of lame duplicates effectively memorializes the festering denial in our body politic.
There are far too many unrecorded victims and versions of white mob violence, and intimidation, not just barbarous torture and heinous murder.
We do have to wonder how else this rich history has stayed in our collective memories.
Too many Black families were too traumatized to talk and didn’t want to pass it to their kids.
We know many fled after any minor incursion,
Just as someone had advised Emmet Till to do,
And there’s no accounting for them and the victims’ families who fled and
Even hid or discarded any news clippings they’d seen of the events.
Yet, whites must have kept record.
Did whites collect the newspaper ads or reports of a lynching they’d attended or hoped to?
They made and sold lynching postcards, curios, and other odd lynching souvenirs.
Where are the avid collectors?
Plus, apparently, terrorists don’t just kidnap and hang someone to death,
So what did they do with all the ears, noses, fingers, and genitals they cut off?
Or eyes they plucked out?
Or scalps they shaved?
Many victims pass out from the immense pain of being tortured and burned alive, but still
I doubt all those pieces and parts got thrown in the fire, because, of course,
Plenty of pictures show entire white families there to celebrate the lynching like (a) V-day.
And in many ways, it was, and
The whites looked as if they would’ve wanted to remember.
Looks can be deceiving, but the ways whites were also bullied into compliance is real.
Still, my mother swears that some white families’ heirlooms must include
Prized, preserved pieces of Nat Turner.
Ooh, wouldn’t that be a treasure that would be.
Plus, given the spate and state of anti-Black policing and violence,
Our democracy, nay, our Constitution itself, is as rusty as these pillars.
The pillars resting in the field remind us not only the work left to do, but also, it’s urgency.
How many more pillars may we still need?
How many amendments
did will freedom take?
It goes to show how great thou art now!
Recently I have begun watching ABC’s The Good Doctor, which is a medical drama based in the fictional, yet prestigious, San Jose St Bonaventure Hospital and follows the professional and personal journeys of a number of characters. The show is based on a South Korean tv medical drama called Good Doctor and is produced by Daniel Dae Kim and developed by David Shore (creator of House). The main character is Dr Shaun Murphy who has Autism. He is a surgical resident in the early seasons and the show focuses on how Dr Murphy navigates his professional and personal life, as well as how the hospital and other doctors, surgeons, nurses and patients navigate Dr Murphy’s style of communication and respond to him. As a medical drama, in my humble opinion, it is highly entertaining with the usual mix of interesting medical cases and personal drama required. The characters are also relatable in a number of different areas. As a springboard for a platform to talk about equality, equity and fairness, it is accessible and thought-provoking.
A key focus of the programme is the difficulty Dr Murphy has with communication. Well, I say difficulty in communicating, but in actuality I would say he communicates differently to what is recognised as an ‘accepted’ or ‘normal’ form of communication. Dr Murphy struggles to express emotions and becomes overwhelmed when things change and are not within his controlled environment. A number of his colleagues adapt their responses and ways of interacting with him in order to support and include him, whereas others do not and argue that despite his medical brilliance, and first-rate surgical skills, he should not be treated differently to the other surgical residents, as this is deemed unfair.
Whilst watching, the claims of treating all surgical residents equally, and ensuring the hospital higher-ups are being fair; notions of John Rawls’ writing scream out at me. Students who have studied Crime and Justice should be familiar with Rawls’ veil of ignorance, liberty principles and difference principle, in particular with its reference to ‘justice’. But the difference principle weighs heavily when looking at how Dr Murphy functions within the hospital institution with its rules, procedures and power dynamics which clearly benefit and align with some people more so than others. Under the veil of ignorance, maybe an empathetic doctor or surgeon is not required, but a competent and successful one is? Maybe being empathetic is a personal circumstance rather than an objective trait? For Rawls, it is important that the opportunity to prosper is equal for all: and this might mean the way this opportunity is presented is different for different individuals. Rawls asks us to consider a parallel universe and what could be (a popular stance to take within the philosophical realm): why can’t people with autism be given the chance to save lives and perform surgeries just because they cannot communicate in a way deemed ‘the norm’ when dealing with patients.
It is possible that I am over-thinking this. And when I ask my partner about it, they raise questions about why Dr Murphy should be given different opportunities to the other residents and the harm Dr Murphy’s communication barriers could and do cause within the series. But I feel they are missing the point: it is not about different opportunities, its about different methods to ensure they all have the same opportunity to succeed as surgeons. It is not about treating everyone the same, which might on the surface appear to be fair, it is about recognising that equal treatment involves taking account for the differences. Why should Dr Murphy be measured against norms and values from an institution which is historically white, non-disabled, male, and cis-gendered? This might appear to be a lot of thought for a fictional medical drama, but to reiterate it’s an excellent programme with plenty to think about…
Rawls, J. (1971) A Theory of Justice. Oxford: Oxford University Press.
Ryan, A. (1993) Justice. Oxford: Oxford University Press.
Teamwork is often promoted as a valuable transferable skill both by universities and employers. However, for many the sheer mention of this type of group activity is enough to fill them with dread. This is a shame, and I want to use this blog to explain why.
I’m definitely not one for sports, but even I cannot avoid the discourse around women’s football and Euro 2022. Much has been written about the talents and skill of England’s Lionesses, of which I know very little. Equally there has been disquiet around the overwhelming whiteness of the team, an inequality I am very familiar with throughout my studies of crime, criminality and criminal justice. Nevertheless this blog isn’t about inclusion and exclusion, but about teamwork. Football, like many activities is not a solo enterprise but a group activity. All members need to be able to rely upon their team mates for support, encouragement and ultimately success. If a player doesn’t turn up for training, doesn’t engage in sharing space, passing the ball and so on, the team will fail in their endeavours. Essentially, the team must be on the same page and be willing to sacrifice individuality (at times) for the good of the team. But football isn’t the only activity where teamwork is crucial.
One only has to imagine the police, another overwhelmingly white institution, but with a very different mandate and different measures of success. Here a lack of support from team mates could be a matter of life and death. Even if not so severe, the inability to work closely with other officers in a team can make professional and person life extraordinarily difficult to maintain. It has repercussions for individual offices, the police force itself and indeed, society.
Whilst I’ve the made the case for teamwork, it is not clear what makes a good team, or how it could be maintained. Do all teams work? Personal experience tells me that when members have very different agendas and lose sight of the main objective, team work can be very challenging, if not impossible. There has to be a buy in from all members, not just some. There has to be space for individuals to develop themselves as well as the wider team. However, when the individual aims continue to take priority over the collective, cracks emerge. The same experiences suggest that teamwork cannot be accomplished instantly regardless of intent. Teams take a long time to build rapport, to bond, to gain trust across members and this cannot be hurried. Furthermore, this process requires continuing individual and collective reflection and development. So where can we find an example of such excellence (outside of the wonderful Criminology Team, of course)?
I recently watched the BBC 4-part documentary My Life as a Rolling Stone. Produced to mark 60 years of the band, the documentary explores the lives of Mick Jagger, Keith Richards, Ronnie Wood and the late, Charlie Watts. There were lots of interesting aspects to each part, but the most striking to me was the sense of belonging. That the Rolling Stones are a cohesive team, with each member playing very different parts, but all essential to not only the success of the band, but also to the well-being of the four men. Alongside discussions around creativity, musicality and individual skills, they describe drug taking, alcohol abuse, romantic relationships, fights, falling out and making up. There were periods of silence, of discord and distrust and periods of celebration and sheer personal and collective joy. Working together they provide each other with exactly what they need to thrive individually and collectively.
These men have made more money than most of us can dream of. They have been to parts of the world and seen things that most of us will never see. All of them are heading toward 80 but keep writing and performing. More importantly for this blog, they seem to illustrate what teamwork looks like, one where communication is key, where disputes must be resolved one way or another, regardless of who was right and who was wrong and where the sheer sense of needing one another, belonging remains paramount. I could use a dictionary definition of teamwork, but it seems to me the Rolling Stones say it better than I ever could:
“You can’t always get what you want
But if you try sometime
You get what you need”(Jagger and Richards, 1969).
Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.
We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.
These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span.
To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.
While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.
I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’. I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.
BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)
Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge
In September 2021, I visited the newly expanded Equal Justice Initiative’s Legacy Museum: From Enslavement to Mass Incarceration, in my maternal grandparents’ hometown, Montgomery, Alabama. I was struck by the range of artifacts used to chronicle each era. Consider these1854 slave market advertisements from the Montgomery Advertiser and Gazette – still the local newspaper!
Catalog of Negroes, mules, carts, wagons and Co., to be sold in Montgomery. Headlines included: Wenches and bucks, quality Negroes for sale.
Nancy – about 26, fieldhand, cannot recommend her particularly, complains of indisposition, but probably a proper master might cure her.
Ben – A strong and hearty man, about 30 years old, an excellent field hand, and a remarkably handy boy, in any use, being usually quick and intelligent; a No. 1 Negro.
Suckey, A remarkably intelligent Negro girl about 15 years of age, understands General house work well for her age; can sew tolerably, and is a most excellent nurse and attendant for children; has remarkable strength of constitution, and never known to have been complaining even for a moment; a pretty good field hand, and would make an excellent one.
Allison – about 15, fine body and house servant, carriage driver and Ostler, honest, steady, handy, healthy, smart, intelligent, and in all respects a choice and desirable boy.
Mary Jane – about 11.
Martha – about 10.
Louisa – about 7.
Old George – as faithful and honest an old African as ever lived.
His wife Judy, the same sort of character.
Henrietta – about 24… First-rate cotton picker.
One of the humans being trafficked recounted:
“To test the soundness of a male or female slave… They are handled in the grossest manner, and inspected with… disgusting minuteness… in the auction room where the dealer is left alone with the ‘chattels’ offered… God has recorded the wickedness that is done there, and punishment will assuredly fall upon the guilty.” -J. Brown.
The ebb and flow of freedom.
Each exhibit in the ‘Enslavement to Mass Incarceration’ museum takes visitors seamlessly through the Atlantic slave trade, past Jim and Jane Crow segregation, to a recorded face-to-face visit with a real-life, modern-day inmate. As you enter what seems like the final hall, you are confronted with an array of individual seats at a glass window/screen projecting an inmate calmly sitting, waiting. Like a real prison visit, there’s a telephone, which once lifted, the prisoner does the same, introduces themselves, and recounts their story. History confronts you in the present: The confederacy surrendered on April 9, 1865. By 1898, 73% of state revenue came from convict leasing. Now?
One explicit goal of the EJI project, reflected and reinscribed in the exhibits’ descriptions, is a shift in language from slavery and slaves to human trafficking and enslavement. Surely, one can feel the sublingual, subliminal shift from victimology to responsibility, and that implies accountability. To be clear, the entire economy centered around usurping land, driving-out or exterminating the indigenous people, human trafficking and slave labor, shredding the natural environment into farmland to produce cotton, cane and tobacco, manufacturing a range of commodities from these raw materials, trading around the world. Who got rich? Whose labor was exploited?
Who is accountable for giving birth to Jim Crow, if slavery died with ole Abe Lincoln’s Emancipation Proclamation? Who is accountable for cultivating chronic poverty and voter intimidation, if we’d exterminated white lynch mobs through the Civil Rights codes of the sixties? Who indeed is responsible for mass incarceration? The exhibits challenge language that focuses on the victim and remains hush about the status quo, masking the ensuing abuse of power needed for its maintenance, especially hidden from abusers who may themselves be exploited by the myth of meritocracy.
As a side note, perhaps people will not actually be able to reckon with this cognitive dissonance of heroic CONfederate generals and their cause to uphold each state’s right to let white men traffic and enslave Blacks. I’d truly like to see public statues of say, the valiant General Lee, standing next to two or three statues of enslaved people, and a few statues of the white people charged with the quotidian physical labor of enslavement, e.g., driving labor (whip crackers), capturing and punishing escapees (slave catchers, the original law-enforcement force), breaking in new arrivals (torture), breeding ((gang)rape), and general humiliation throughout these duties (sadomasochism). Perhaps the museum just needs to add another exhibit with busts of them.
With stark population stats posted big and bold as visitors transition from room to room, the exhibits chronologically shift through significant eras. Today in the prison industrial complex there are 8 million incarcerated. 10 million were segregated under Jim and Jane Crow until the Civil Rights movement. 9 million terrorized by lynching, accelerating the erosion of Reconstruction. The nation was born and raised with 12 million kidnapped and enslaved Africans. Dear reader, right now I ask, what precisely has our nation done to upend caste?
Examine any organisation and you will find a myriad of policy and procedures that are designed to inform its processes and guide employees. On paper, these formalised ideals and directions make absolute sense but frequently they bear no relationship to reality and rather than empowering, they constrain and often demoralise. These idealistic notions of how an organisation should function facilitate the dehumanising effects of managerial diktat and engender an internalisation of failure amongst employees.
By way of an example, in the 1990s police forces began to consider notions of Standard Operating Procedures (SOPs) in respect of crime investigation. These SOPs seemed on the face of it to be a good idea. The police service, driven by government notions of New Public Management, were being measured on crime reduction and crime detection. Performance indicators were propped up by idealistic notions coming out of government supported by HMIC and the now defunct Audit Commission that catching more criminals would engender a virtuous circle resulting in crime reduction. Nothing of course, was further from the truth. But the introduction of SOPs was meant to attempt to address police failings. These, certainly in one force, were at the outset seen as a guide, a minimum standard required in an investigation. They weren’t intended to constrain.
A small department was set up in this force to measure adherence to these SOPs and to report back where there were inherent failures. For example, on attending a house burglary, the attendant officers were required to take a statement from the householder, and they were required to carry out house to house enquiries in the vicinity. At the very least, they needed to knock on doors either side of the house that had been burgled and a couple of houses across the road. Frequently the statement wasn’t taken, or the house-to-house enquiries hadn’t been completed. It became clear that the officers were failing to carry out simple procedures. Measuring adherence to SOPs and providing feedback to promote improvement soon resulted in measuring adherence in order to enforce compliance.
In hindsight, there should have been a realisation that the SOPs, far from being helpful were in fact having a detrimental effect. Where officers could have carried out further investigations based on their professional judgement, they adhered to the minimum required in the SOPs or simply failed to comply with them fully. This was partially resultant of a notion amongst officers that discretion was being curtailed, but more notably it was driven by other processes and organisational priorities. These other processes were to do with attendance at other incidents. Graded as a priority by the control room, officers were being pulled off the burglary investigation and therefore couldn’t comply with the burglary investigation SOPs. Police forces were also being measured on how quickly they responded to and arrived at various calls for service. There was clearly a direct conflict between management ideals and reality with the officers being set up to fail in one aspect or another. There were simply not enough staff to do all the work and to manage the overwhelming demands at certain times.
One way of dealing with the failures was to link these to the performance and development review (PDR) process. The development aspect was a somewhat redundant term as the PDR was all about performance. Of course, each time the PDR came around the officers had failed to achieve their objectives. This provided lots of evidence of people not doing their job properly. In the wider gamut of crime figures officers at various levels began to realise that the only way to avoid accusations of poor performance was to manipulate the crime figures. In the meantime, those driving the behaviours, washed their hands of them whenever someone was found out, often hiding behind the SOPs and policy. The misuse of the PDR process and the consistent scrutiny of performance metrics resulted in the internalising of failure by staff. Whole systems and processes had been set up to measure failure, after all how could success be measured if it could never be achieved. Of course, it could never be achieved because the ambition and driving force behind this, government’s notions of crime control, were based on ideals and rhetoric not science. But the overriding fact was that it could never be achieved because there were never enough resources to achieve it.
The failure of course wasn’t in the officers that didn’t adhere to the SOPs or those that manipulated crime figures to try to avoid overbearing scrutiny, it was the failure of managers to provide adequate resources. It was a failure of managers to try to understand what reality looked like and it was a failure of managers to deal with the dehumanising effects of policy, procedure and processes.
Having left the police, I thought higher education would somehow be different. I don’t think I need to say anymore.