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You can’t tell me what to do….

It seems that much criminological discussion centres on motivation. This ranges from focusing on the motivation to commit crime, the motivation to report victimisation, the motivation to work within the criminal justice system, all the way though to the motivation for punishment. In each of these circumstances, much is taken for granted, assumed and reacted to as if there were a consensus. 

However, how much do we really know about motivation? To be sure, there are plenty of criminological theories focusing on individual explanations for criminality and deviance, particularly around psychopathy, personality and biology. Others, such as Classical theory assume that we are all the same, rational creatures motivated by the same factors. But take a moment and consider what motivates you? Are those factors positive or negative?

Let’s take the prison for example. According to some politicians, the media and other commentators, incarceration can punish and rehabilitate, frighten people out of crime whilst also empowering them to move away from crime. It offers an opportunity to desist from drug taking, whilst simultaneously enabling prisoners to develop a drug habit. Prison can offer a haven from social problems on the outside, whilst also creating a dangerous environment on the inside and these are just a few of the many pronouncements on the prison. Although oppositional, these differing narratives all indicate the prison as a place of change; transformation, the only difference is whether this is positive or negative, in essence does prison make people better or worse?

Considering much of the blog’s readership is focused on education, it might be useful to apply the prison experience to our own personal motivations. Would it be helpful to have someone constantly telling you what to do? Escorting you to and from the toilet, the classroom, the workplace? Controlling your every move? Deciding when and what you eat? Determining if you can access a shower, the library, the gym and so on? Passing judgement on who can visit you and when they can come? Would these “motivational” factors inspire you to study more? What if you were locked in a very small room (think student accommodation) for hour upon end, would your essays be any better?

For me personally, all of the above, would not motivate; they might frighten or even terrify me. They would allow me to feel resentful, bitter, alienated, perhaps even aggressive. Maybe I would become depressed, self-harm, or turn to drugs for consolation. Maybe, I could retreat into studying as release from an oppressive regime, but is that motivation? or escapism? or even institutionalisation?

I wonder, surely there must be far better, less harmful ways of tapping into motivation? By looking at our own experiences and considering what has motivated us in a positive way previously, we can begin to consider how we might motivate ourselves and others. Some of the motivational factors I can identify from my own life include, people who are prepared to listen to my ideas (good and bad) without interrupting, to guide (but not tell, never tell!) me to finding solutions to problems and to treat me with dignity and respect. Other examples, include introducing me to important literature, but not batting an eyelid when I excitedly tell them all about the content. Being there for me as a fellow human regardless of status (perceived or otherwise), when everything is a challenge, and I just want to vent and celebrating all successes (however tiny). These are just a few, personal reflections, but what they have in common, is the focus on another human who matters to you, who is cheering you on from the side-lines and is able to empathise and encourage. The other commonality, of course, is that these factors are not entrenched within the prison or the wider criminal justice system.[1]

Have a think for yourself and see if you can find anything currently within the prison or CJS that would motivate you! If it doesn’t, you need to question what it is the prison is actually trying to achieve.


[1] This does not preclude individual positive interpersonal relationships within the prison or CJS, but it is not a primary function of either.

How literature failed me as a black student

My name is Francine Bitalo, I am 21 years old and a Criminology undergraduate at the University of Northampton. Coming from a black African background I have always had a strong interest in the Criminal Justice System and its treatment towards different groups in society.

My dissertation was based on the impact of police practices such as stop and search on young black men and their families. Whilst statistics present the alarming racial disproportionately which exist in many areas in the criminal justice system, it fails to portray the long-lasting effects it has had on Black families. For example, the daily harassment and differential treatment subjected to young Black men has forced black families to reinvent themselves to conform to institutional racism. Coming from a Black family myself and having male family member, the findings in my dissertation quickly became personal to me, as I could constantly relate them to the structuring of my own family. For example, the fact that it would take my father longer to find a job due to institutional racism, making my mother the breadwinner, or when my mother is preparing my brothers for police harassment and discrimination, but not me and sisters.

While conducting my research I was quick to learn that what literature may describe as a phenomenon, for many of us is a reality. If I am honest the writing stage of my dissertation was difficult for me because it was a passionate topic. I experienced a lot of self-doubt regarding my positionality for example, being a Black woman and facing my own forms of discrimination and now having to talk about the experiences of young Black men. I think my dissertation tutor would agree with me on this as I remember emailing her after I submitted my work expressing how I felt like I didn’t effectively capture the effects and the voices of the young Black men I interviewed, despite that being my main goal. I mean who would blame me, as a student, if I am honest I felt like literature really let me down for instance, when writing my literature review I found that literature neglected the subject of racism solely from the perspectives of young Black men, despite statistics showing them to being the largest group to experience institutional racism. At this point I had to laugh at the criminal justice system and its propositions to improving police relations as well as re offending.

With that being said the information I did come across I couldn’t help but sense the notion of white privilege lingering in the perspective of some scholars. I understand this is a strong claim to make however I say this because not only did literature provide little of the work of Black scholars regarding the topic, yet it was evident that most white scholars did not see the issue with stop and search and its discriminate use. Arguments for this were discussed in my dissertation for example, some argued that the process of racial socialisation in Black households were ineffective to police relations and the functioning of their services, which creates the notion that the Black community should submit to discrimination and harassment in favour of procedures and compliance during police encounter. Some tried to justify the disproportionality in stop and search by claiming that young Black men should be harassed because they tend to be out more especially in certain urban areas or the disproportionate targeting of Black minors is due to parental criminality. I felt there was a lack of accountability from white scholar thus, little understanding in the issue of race which is natural because their experiences do not allow them to understand. Yet this led me to ask questions such as why shouldn’t Black mothers have the right to prepare their sons for police discrimination, does it matter what time and area should a person of colour be around for them to be targeted at?

After completing my dissertation and getting a First Class I felt extremely proud of myself, the fact that I did not shy away from the research topic despite it being limited in literature. As a result, it was satisfying to know that I was able to articulate the experiences of others to a First Class standard. I hope this can encourage others to trust in their abilities and put aside any doubts especially when choosing a research topic. As a student writing a dissertation or even an assignment, I believe we should explore the unexplored, open the unopened and always be willing to discover and learn. Do not be afraid of researching something that is limited or has never been done. Lastly as my dissertation was extremely passionate to me I have decided to turn it into a personal project and continue researching the topic

Teaching Criminology….Cui Bono?

Following several conversations with students and reflecting on another year of studying it got me thinking, what is or can be the quintessentially criminological issue that we can impart onto them?  It is always interesting to hear from others how your ideas are transferred into their notes, phrases and general understanding.  I think that there are a few things that are becoming clear early on, like the usual amazement of those outside the discipline who hear one studying criminology; a reverence as if the person reading the subject is on a par with those committing the deed.  There is a natural curiosity to crime in all walks of life and those seen closer to the topic, attract part of that curiosity.      

There are however some more profound issues relating to criminology that are neither clear nor so straightforward.  The discipline is an amalgamation of thoughts and theories making it incredibly difficult to pinpoint a generic appreciation for the discipline.  Some of us like the social discourses relating to social injustice, a matter traditionally closer to sociology or social work, while others ponder the conceptual dynamics of human behaviour, mostly addressed in philosophical debates, then there are those who find the individual characteristics and personality socio-dynamic dimensions intriguing.  These distinct impressions will not only inform our understanding but will also provide each of us with a perspective, a way of understanding criminology at a granular level.    

In criminological discourses, informed by law, I used to pose the old Latin question: Cui bono (who benefits)?  A question posed by the old legal experts to trace liability and responsibility of the act committed.  Obviously in their view crime is a choice committed freely by a deviant mind.  But then I was never a legal expert, so my take on the old question was rather subversive.  The question of who benefits can potentially lay the question of responsibility wide open, if it is to be looked from a social harm perspective.  The original question was incredibly precise to identify a person for the benefit of a trial.  That’s the old criminal evidence track.    

Taking this question outside the forensic setting and suddenly this becomes quite a loaded query that can unpack different responses.  Cui bono? Why are we talking about drug abuse as a crime and not about tax avoidance?  Why is the first regarded a crime, whilst the second is simply frowned upon?  Cui bono? When we criminalise the movement of people whose undocumented by we have very little information for those who have procured numerous properties in the country?  If our objection is on transparency of movement then there is clearly a difference of how this is addressed.  Cui bono?  When we identify violence at interpersonal level and we have the mechanisms to suppress it, but we can engage in state violence against another state without applying the same mechanisms?  If our objection is the use of violence, this is something that needs to be addressed regardless of the situation, but it is not.  Ironically some of the state violence, may contribute to the movement of people, may contribute to the exploitation of population and to the use of substances of those who returned home broken from a violence they embraced.      

Our criminology is merely informed from our perspective and it is my perspective that led me to those thoughts.  I am very sure that another colleague would have been making a series of different connections when asked “Cui Bono?”

Reflections on teaching ‘justice’

Judge gavel, scales of justice and law books in court

In the midst of the marking mountain (currently at Everest base camp), it is nice to reflect on another aspect of my role as a lecturer in criminology – teaching. In between marking I was thinking about putting together a seminar to focus on the meaning of justice and how this relates to broader structural inequalities, human rights and the need for reform. This is to contribute to my new module on ‘community justice’, as it is a place where I want to examine these terms as separate concepts, and also as a term which encompasses punishment delivered outside the prison walls, in spaces where people live, work and interact with others.

 

I always think it is important for students to critically examine accepted definitions and in this case, the many social constructions of justice. The article I came across, ‘Discussing Alternatives to Justice’ (edited by Allison and McMahon, 2015) very nicely presents a series of debates, discussions and poses important questions which require us to re-examine the criminal justice system and our society. It is presented as a series academics presenting radical changes they would make to shift us away from a punitive, ineffective and socially harmful system.

 

Professor Steve Tombs starts off the debates asking for an ‘alternative to the corporation’ – describing is as an ‘amoral, essentially destructive entity which causes far more physical, social and economic harm than the incivilities upon which criminal justice systems overwhelmingly concentrate’ (Tombs, 2015: 3). There is a clear need to reconsider our notion of what is criminal when we examine those events which lead to extensive social harms, but also the social structures and policies which enable these harms to occur and accept a muted response from our justice system. One theme of Tomb’s article is the need to shift the ownership and governance of services from the private sector to the public sector, to improve compliance and adherence to regulations and safety concerns. He also demands a need to challenge claims of efficiency and effectiveness – anyone seeing recent developments in probation and the consequences of the Transforming Rehabilitation agenda should also be asking some pertinent questions about such claims. This requires a radical shift from our acceptance of remaining a consumerist society, and placing trust in corporations to understand there are many other ways to structure economics and the distribution of capital, such as social and employee owned enterprises and co-operatives. Bell (2015) continues this theme with a rallying call to shift from neoliberal politics which have ‘fuelled the current penal crisis, characterised by mass incarceration and the criminalisation of social problems’ (p.4). For me, these two articles already present different ideas, debates and reinforce the need for students to consider crime and justice in the context of social, political and economic systems. This would then also enable a more critical examination of justice – especially a criminal justice system which is harmful, punitive and ineffective. Bell (ibid) aptly critiques neoliberalist claim of freedom of choice as misrepresentations which actually enable corporations to use the Earth’s resources without consideration for the harms caused to consumers, who accept this risk in favour of cheap goods and services and the promise of more to come. She advocates a participatory democracy in all forms of life, including penology, to allow offenders to be part of the discussion on ways they can redress harms and shift the notion of justice from being predominantly punitive, to restorative and reparative.

 

Pike, (2015) then provides a more focused policy idea change – to build more schools and fewer prisons. This echoes the theme of this edited collection, to pose radical changes, and reinforces the need to understand crime as a reflection of an unequal society. There is a clear focus on prevention, not punishment, a need to rethink justice as a reactive force, to a more stabilising force (Rawls, 1971). Education is presented as vital to creating a more fair society and to stop the discrimination against the disadvantaged who are disproportionately present in our victimisation figures and our justice system.

 

In a discussion close to my own interests, Drake and Samota (2014) discuss the need for collective capacity in policy making, to understand the impact of the apathy which has allowed a rhetoric of being tough on crime to dominate, and indeed to be overtaken by the language of war and conflict as the only adequate response. This collective needs to comprise academic criminologists, practitioners, volunteers – those understanding crime and justice from a range of perspectives to come together and share expertise, engage the public in these debates and stimulate discussion on viable alternatives. This would be a firmer foundation for policy making, compared to the knee jerk reactions of ministers attempt to appease public outrage, fuelled by media misrepresentations. Drake and Samota (ibid) also refer to the misunderstanding of justice among the public and the need for collective hubs to counteract the misleading news and spin which feeds populist punitiveness and the assumptions that justice must be retributive and deterrent, and little else.

 

It may seem at first glance these are complex ideas for undergraduates to grapple with, but with guided discussion, debate and using examples to illustrate what is meant by social harms, injustices, ineffectiveness, I think they could form an important foundation for learning about the criminal justice system, and what we understand as criminal. It is with these ideas in mind, that students can then perhaps understand the need to critically examine what they then learn in their studies, and they also chime with younger generations broader concerns about inequalities, social justice and social harms. It may well be the case with the rising engagement in politics, concerns about the environment and the impact of consumerist lifestyles, that these ideas are not so complex or radical as they might at first seem.

 

 

Allison, C and McMahon, W. (2015) Discussing Alternatives to Criminal Justice, Centre for Crime and Justice Studies, London.

 

Rawls, J. (1971) A Theory of Justice, Harvard University.

 

 

 

 

 

Celebrations and Commemorations: What to remember and what to forget

Today is Good Friday (in the UK at least) a day full of meaning for those of the Christian faith. For others, more secularly minded, today is the beginning of a long weekend. For Blur (1994), these special days manifest in a brief escape from work:  

Bank holiday comes six times a year
Days of enjoyment to which everyone cheers
Bank holiday comes with six-pack of beer
Then it’s back to work A-G-A-I-N


(James et al., 1994).

However, you choose to spend your long weekend (that is, if you are lucky enough to have one), Easter is a time to pause and mark the occasion (however, you might choose). This occasion appears annually on the UK calendar alongside a number other dates identified as special or meaningful; Bandi Chhorh Divas, Christmas, Diwali, Eid al-Adha, Father’s Day, Guys Fawkes’ Night, Hallowe’en, Hanukkah, Hogmanay, Holi, Mothering Sunday, Navaratri, Shrove Tuesday, Ramadan, Yule and so on. Alongside these are more personal occasions; birthdays, first days at school/college/university, work, graduations, marriages and bereavements. When marked, each of these days is surrounded by ritual, some more elaborate than others. Although many of these special days have a religious connection, it is not uncommon (in the UK at least) to mark them with non-religious ritual. For example; putting a decorated tree in your house, eating chocolate eggs or going trick or treating. Nevertheless, many of these special dates have been marked for centuries and whatever meanings you apply individually, there is an acknowledgement that each of these has a place in many people’s lives.

Alongside these permanent fixtures in the year, other commemorations occur, and it is here where I want to focus my attention. Who decides what will be commemorated and who decides how it will be commemorated?  For example; Armistice Day which in 2018 marked 100 years since the end of World War I. This commemoration is modern, in comparison with the celebrations I discuss above, yet it has a set of rituals which are fiercely protected (Tweedy, 2015). Prior to 11.11.18 I raised the issue of the appropriateness of displaying RBL poppies on a multi-cultural campus in the twenty-first century, but to no avail. This commemoration is marked on behalf of individuals who are no longing living. More importantly, there is no living person alive who survived the carnage of WWI, to engage with the rituals. Whilst the sheer horror of WWI, not to mention WWII, which began a mere 21 years later, makes commemoration important to many, given the long-standing impact both had (and continue to have). Likewise, last year the centenary of (some) women and men gaining suffrage in the UK was deemed worthy of commemoration. This, as with WWI and WWII, was life-changing and had profound impact on society, yet is not an annual commemoration.  Nevertheless, these commemoration offer the prospect of learning from history and making sure that as a society, we do much better.

Other examples less clear-cut include the sinking of RMS Titanic on 15 April 1912 (1,503 dead). An annual commemoration was held at Belfast’s City Hall and paying guests to the Titanic Museum could watch A Night to Remember. This year’s anniversary was further marked by the announcement that plans are afoot to exhume the dead, to try and identify the unknown victims. Far less interest is paid in her sister ship; RMS Lusitania (sank 1915, 1,198 dead). It is difficult to understand the hold this event (horrific as it was) still has and why attention is still raised on an annual basis. Of course, for the families affected by both disasters, commemoration may have meaning, but that does not explain why only one ship’s sinking is worthy of comment. Certainly it is unclear what lessons are to be learnt from this disaster.

Earlier this week, @anfieldbhoy discussed the importance of commemorating the 30th anniversary of the Hillsborough Disaster. This year also marks 30 years since the publication of MacPherson (1999) and Monday marks the 26th anniversary of Stephen Lawrence’s murder. In less than two months it will two years since the horror of Grenfell Tower. All of these events and many others (the murder of James Bulger, the shootings of Jean Charles de Menezes and Mark Duggan, the Dunblane and Hungerford massacres, to name but a few) are familiar and deemed important criminologically. But what sets these cases apart? What is it we want to remember? In the cases of Hillsborough, Lawrence and Grenfell, I would argue this is unfinished business and these horrible events remind us that, until there is justice, there can be no end.

However, what about Arthur Clatworthy? This is a name unknown to many and forgotten by most. Mr Clatworthy was a 20-year-old borstal boy, who died in Wormwood Scrubs in 1945. Prior to his death he had told his mother that he had been assaulted by prison officers. In the Houses of Parliament, the MP for Shoreditch, Mr Thurtle told a tale, familiar to twenty-first century criminologists, of institutional violence. If commemoration was about just learning from the past, we would all be familiar with the death of Mr Clatworthy. His case would be held up as a shining example of how we do things differently today, how such horrific events could never happen again.  Unfortunately, that is not the case and Mr Clatworthy’s death remains unremarked and unremarkable. So again, I ask the question: who decides what it is worthy of commemoration?

Selected Bibliography:

James, Alexander, Rowntree, David, Albarn, Damon and Coxon, Graham, (1994), Bank Holiday, [CD], Recorded by Blur in Parklife, Food SBK, [RAK Studios]

The Unbreakable Bond of Criminology

Every student has a different experience in their studies, be it through what they have studied, who they studied with or even where they studied. “Team Cops and Robbers” studied the same degree, the same modules at UON, yet we had different experiences. However what we share (and are all very fond of) is how positive the experience was, tackling the stresses (and joys) of the degree as a trio. We each offer a brief overview of our experience as a member of “Team Cops and Robbers”, who graduated in 2015 and still remain very involved in each other’s lives…

Jes: I was a late comer to Team Cops and Robbers, as Emma and Leona had already bonded without me (rude I know!). We were thrown together in Drew’s 2nd year History module, where there were only a few Crim students – so they didn’t get much of a choice with regards to me joining, the then, duo. And the rest as they say is history! What stemmed from there is quite remarkable; we all had own our strengths when it came to Crim. My recollection is Emma knew everything about everything, Leona kept us all motivated and on top of our seminar preparation and I kept us glued to the library and bossed us around -especially with group work (my car Geoffrey was an unofficial member of the gang taking us to and from Park campus). Although we took the same modules, due to our differing interests, we all did different assignment questions and had very different ways of writing and tackling assessments. In my third year, I distinctly remember Emma and Leona reminding me to take time to myself and to not live 24/7 in the library; and had they not been there to encourage me to breathe, it is likely I would have burned out! They were not afraid to question my views, or understanding, or challenge my bossy attitude when it came to group work, for which I am very grateful! And still today, even though we are no longer studying together, they keep me motivated with the MSc, sending me motivational gifts as a reminder that even though they are not studying with me, I am not alone! My academic journey would have been very different had it not been for our trio, and likely would not have been as successful.

Leona: Sometimes being in class with friends can be detrimental as you end up spending so much time having fun, you end up forgetting the work side of uni. However when you meet friends who are so determined to do well and hard-working, it can really motivate you to push yourself. Myself, Jes and Emma became a power trio; encouraging each other, motivating each other and always making sure we were working together for group projects. We are all completely different when it comes to learning but I think these differences really helped us. Learning from them really helped me to improve my own standard of work, and having the girls’ input and guidance throughout, really encouraged me and helped me gain confidence in my own voice. Plus it made doing all the studying we did much more bearable. I’m sure sometimes it took us longer to get through everything as we would be half working, half chatting, but as a trio it meant we could help each other if we got stuck or go for coffee breaks if we were bored or unmotivated. Having Jes and Emma there with me meant there was always someone there to go through notes with, always someone to explain something in a different way if I didn’t fully understand something, always someone to motivate me when I was exhausted and didn’t feel like working any more. It meant that my viewpoint expanded as I learned from their experiences and that once we had all finished writing our essays we could share them with each other to check, critique and make suggestions for improvement. But more than all that, it meant there was always someone there to help you balance the workload, someone to tell you when to take a break, and to “day drink” in the SU, explore winter wonderland, or have a Disney film day. During my time at uni these girls inspired me to work harder, and to really challenge myself to improve on everything I was doing. Without them there to encourage me and spur me on, I don’t think I would have come out with the grade I did, and I am certain that my uni experience wouldn’t have been half as memorable.

Emma: Meeting Jes and Leona was one of the best things about university. Not just because they are now two very dear friends of mine, but because we were vital to each other’s sanity at uni. I met Leona first in welcome week with a very interesting exchange asking if I was at the right seminar and proceeding to tell her my name, that I was from the south west and that I liked reading about serial killers. Leona reciprocated with the main difference being that she was from the north and from there our friendship blossomed.  Jes was some girl who sat with another group of people. It wasn’t until 2nd year that Jes really came into our friendship group and “Cops and Robbers” was formed. We all had strengths and weaknesses that helped us when it came to group work. Jes was always super, super organised, having her essays completed with weeks to go. Leona was always bubbly and would follow Jes with completing her essay with time to spare. Me… I would research and collect quotes and references and then write my essays with 48-24hrs to go, as I liked the time pressure. This changed in my 3rd year though as being around Leona and Jes, they moulded me and proof read my concepts and challenged me back on things. Any time we had group work, I knew we would do well because as a trio we kicked ass! We did not always have the same views in our seminars and would often debate but we would always leave as friends. Best advice for getting through university sane, is to find people who are fun, you get on with and drive you to be the best.

Hopefully what is clear from each of our perspectives is how important we were to keeping each other (relatively) sane! Your friendship groups during your studies are essential to keeping you happy, but also keeping you motivated! Whilst it is independent studies, and at the end of the day is YOUR degree; the input from friends and family will shape your own ability and attitude. If you find the right group, hopefully you will find that they push you, support you and challenge you!

The roots of criminology; the past in the service of the future;

SessionsHouse

In a number of blog posts colleagues and myself (New Beginnings, Modern University or New University? Waterside: What an exciting time to be a student, Park Life, The ever rolling stream rolls on), we talked about the move to a new campus and the pedagogies it will develop for staff and students.  Despite being in one of the newest campuses in the country, we also deliver some of our course content in the Sessions House.  This is one of the oldest and most historic buildings in town.  Sometimes with students we leave the modern to take a plunge in history in a matter of hours.  Traditionally the court has been used in education primarily for mooting in the study of law or for reenactment for humanities.  On this occasion, criminology occupies the space for learning enhancement that shall go beyond these roles.

The Sessions House is the old court in the centre of Northampton, built 1676 following the great fire of Northampton in 1675.  The building was the seat of justice for the town, where the public heard unspeakable crimes from matricide to witchcraft.  Justice in the 17th century appear as a drama to be played in public, where all could hear the details of those wicked people, to be judged.  Once condemned, their execution at the gallows at the back of the court completed the spectacle of justice.  In criminology discourse, at the time this building was founded, Locke was writing about toleration and the constrains of earthy judges.  The building for the town became the embodiment of justice and the representation of fairness.  How can criminology not be part of this legacy?

There were some of the reasons why we have made this connection with the past but sometimes these connections may not be so apparent or clear.  It was in one of those sessions that I began to think of the importance of what we do.  This is not just a space; it is a connection to the past that contains part of the history of what we now recognise as criminology.  The witch trials of Northampton, among other lessons they can demonstrate, show a society suspicious of those women who are visible.  Something that four centuries after we still struggle with, if we were to observe for example the #metoo movement.  Furthermore, from the historic trials on those who murdered their partners we can now gain a new understanding, in a room full of students, instead of judges debating the merits of punishment and the boundaries of sentencing.

These are some of the reasons that will take this historic building forward and project it forward reclaiming it for what it was intended to be.  A courthouse is a place of arbitration and debate.  In the world of pedagogy knowledge is constant and ever evolving but knowing one’s roots  allows the exploration of the subject to be anchored in a way that one can identify how debates and issues evolve in the discipline.  Academic work can be solitary work, long hours of reading and assignment preparation, but it can also be demonstrative.  In this case we a group (or maybe a gang) of criminologists explore how justice and penal policy changes so sitting at the green leather seats of courtroom, whilst tapping notes on a tablet.  We are delighted to reclaim this space so that the criminologists of the future to figure out many ethical dilemmas some of whom  once may have occupied the mind of the bench and formed legal precedent.  History has a lot to teach us and we can project this into the future as new theoretical conventions are to emerge.

Locke J, (1689), A letter Concerning Toleration, assessed 01/11/18 https://en.wikisource.org/wiki/A_Letter_Concerning_Toleration

Congratulations, but no Celebrations

A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse.  I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right.  It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms.  A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’.  And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country.  But Sir Cliff was never charged nor even arrested, he is innocent.

The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered.  He too is innocent and yet is listed amongst many others on a website called the Creep Sheet.  The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence.  The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.

The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court.  Their concern is the freedom of the press and the rights of the public, citing public interest.  Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases.  Allegations therefore need to be publicised to encourage victims to come forward.  This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002).  But what of the accused, are they to be thrown to the wolves?

Balancing individual freedoms and the rights of others including the press is an almost impossible task.  The focus within the criminal justice system has shifted and some would say not far enough in favour of victims.  What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’.  It is easy to make allegations, not easy to prove them and even more difficult to disprove them.  And so, a new maxim, ‘guilty by accusation’.  The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.

Thoughts from the British Society of Criminology Conference at Birmingham City University

Hazel wordle

I attended the BSC conference last week, presenting a paper from my PhD research, doing the usual rounds of seeing familiar faces, meeting some new faces and hoping nobody uttered the words ‘well its more of an observation than a question’. There was one session which particularly inspired me and so is the focus of this blog. The key theme was that as criminologists and educators, we need to review the quality of methods of teaching to keep students engaged, but crucially, not to lose sight of the importance of the content. We must continue to introduce students to more challenging ideas and shift their thinking from accepted wisdom of how to ‘do justice’ and ‘why people commit crime’.

The session attended was on ‘Public Criminology’, which included papers on the experiences of LGBTQ communities in Turkey, with regards to police response to victimisation, another on the use of social media and other forms of broadcast used by academics on criminology programmes, the impact of the 2011 riots on social capital in the UK and the need to re-introduce political issues in teaching criminology. As with many sessions at large conferences, you never quite know what will emerge from the range of papers, and you hope there are some common themes for the panel and delegate to engage with in discussions. This certainly happened here, in what seems to be a diverse range of topics, we generated interesting discussions about how we understand crime and justice, how the public understand this, what responsibilities we have in teaching the next generation and how important it is to retain our critical focus. The paper that really resonated with me was delivered by Marc Jacobs from the University of Portsmouth on ‘The Myopia of Public Criminology and the need for a (re) Politicised Criminology Education’.  Marc was an engaging speaker and made a clear point about the need to continue our focus on the work of activist criminologists, who emerged during the 1970s, asking important questions about class, race and gender issues. He cited scholars such as Jock Young, Stuart Hall, Frances Heidensohn as pioneers in shining a light on the need to understand crime and justice from these diverse perspectives.

This is certainly what I remember from studying criminology as a post-graduate, and they have informed my teaching, especially criminological theories – I have always had a closer personal affinity with sociological perspectives, compared to biological and psychological explanations of crime. It also reminded me of a running theme of complaint from some students – political issues are not as interesting as say, examining the motivations of serial killers, neither are those lectures which link class, race and gender to crime, and which highlight how discrimination in society is reflected in who commits crime, why they do it, and why we respond the way we do. There is no doubt presenting students with the broader social, political and cultural contexts means they need to see the problem of crime as a reflection of these contexts, that is does not happen as a rare event which we can always predict and solve. It happens every day, is not always reported, let alone detected and solved, meaning that many people can experience crime, but may not experience justice.

As tempting as it might be to focus teaching and engage students through examining the motivation for serious crimes to reinforce students’ expectations of criminology being about offender profiling and CSI techniques which solve cases and allow us all to sleep safely, I’m afraid this means neglecting something which will affect their lives when they do look up from the fascinating case files. I am not advocating the exclusion of any knowledge, far from it, but we need to ensure that we continue to inform students about the foundations of our discipline, and that it is the every day events and the lack of access to justice which they also need to know about. They reflect the broader inequalities which feed into the incidences of crime, the discriminatory policies and practice in the CJS, and the acceptance of this by the public. Rawls (1971) presented justice as a ‘stabilising force’, a premise picked up by New Labour in their active citizenship and neighbourhood renewal agenda. There was an attempt to shift justice away from punitive and retributive responses, to make use of approaches which were more effective, more humane and less discriminatory. The probation services and courts were an important focus, using restorative and problem-solving approaches to genuinely implement Tony Blair’s manifesto promise to be tough on the causes of crime. However, he also continued the rhetoric of being tough on crime, and so there was sense of using community sentencing and community justice in a tokenistic way, and not tackling the broader inequalities and problems sufficiently to allow the CJS to have a more transformative and socially meaningful effect on crime (Donoghue, 2014; Ward, 2014). Since then, the punitive responses to crime have returned, accepted by the public, press and politicians, as anything else is simply too difficult a problem to solve, and requires meaningful and sustained investment. This has been a feature of community justice, half hearted attempts to innovate and adopt different approaches, all too easily overtaken by the need for a day in court and a custodial sentence. It shows what happens when the public accept this as justice and the function of the CJS, even though they are not effective, put the public at risk, and mean entrenched biases continue to occur.

This all emphasises the need to remember the foundations of our discipline as a critical examination of criminal justice and of society. In my own department, we have the debates about where we place theory as part of these foundations. These discussions occur in the context of how to engage students and maintain our focus on this, and it remains an important part of higher education to review practice, content and adapt to broader changes. Moving to a new campus means we have to re-think these issues in the context of the delivery of teaching, and I am all for innovations in teaching to engage students, making use of new technologies, but I firmly believe we need to retain our focus on the content which will challenge students. This is the point of higher education, to advance knowledge, to raise students’ expectations of their own potential and ask them to rethink what they know. The focus on ‘public criminology’ has justified using different forms of broadcast, from TV, tabloid press and social networking to disseminate knowledge and, hopefully, better inform the public, as a counter measure to biased reporting.  I don’t think it is desirable to TV producers to replace ‘I am a Killer’ on the Crime and Investigation network with ‘Adventures of a Problem-Solving Court’ or ‘Restorative Justice: The Facts’. Writing for the tabloid press seems to me an act of futility, as they have editorial control, they can easily misrepresent findings, and are not really interested in anything which shifts the notion of justice as needing to have a deterrent effect and to be a retributive act. Perhaps social networking can overcome this bias, but in an age of claims of fake news and echo chambers, this surely also has a limited affect. So, our focus must remain on our students, to those who will work within the CJS, social policy departments as practitioners, researchers and future academics. They need to continue to raise the debates about crime and justice which affect the marginalised, which highlight prejudice, discrimination and which ensure we continue to ask questions about these thorny, difficult and controversial issues. That, I think, is the responsibility we need to grasp, and it should form a core function of learning about criminology and criminal justice at University.

 

Susie Atherton

Senior Lecturer in Criminology

This entry was re-blogged by the British Society of Criminology blog on 17 July 2018

References

DONOGHUE, J. (2014) Transforming Criminal Justice? Problem-solving and court specialisation. London: Routledge.

RAWLS, J. (1971) A Theory of Justice. Cambridge, MA: Harvard University Press.

WARD, J. (2014) Are problem-solving courts the way forward for justice? London: Howard League for Penal Reform.

 

CRCs: Did we really expect them to work?

Probation

For those of you who follow changes in the Criminal Justice System (CJS) or have studied Crime and Justice, you will be aware that current probation arrangements are based on the notion of contestability, made possible by the Offender Management Act 2007 and fully enacted under the Offender Rehabilitation Act 2014. What this meant in practice was the auctioning off of probation work to newly formed Community Rehabilitation Companies (CRCs) in 2015 (Davies et al, 2015). This move was highly controversial and was strongly opposed by practitioners and academics alike who were concerned that such arrangements would undermine the CJS, result in a deskilled probation service, and create a postcode lottery of provision (Raynor et al., 2014; Robinson et al., 2016). The government’s decision to ignore those who may be considered experts in the field has had perilous consequences for those receiving the services as well as the service providers themselves.

Picking up on @manosdaskalou’s theme of justice from his June blog and considering the questions overhanging the future sustainability of the CRC arrangements it is timely to consider these provisions in a little more detail. In recent weeks I have found myself sitting on a number of probation or non-CPS courts where I have witnessed first-hand the inadequacies of the CRC arrangements and potential injustices faced by offenders under their supervision. For instance, I have observed a steady increase in applications from probation, or more specifically CRCs, to have community orders adjusted. While such requests are not in themselves unusual, the type of adjustment or more specifically the reason behind the request, are. For example, I have witnessed an increase in requests for the Building Better Relationships (BBR) programme to be removed because there is insufficient time left on the order to complete it, or that the order itself is increased in length to allow the programme to be completed[1]. Such a request raises several questions, firstly why has an offender who is engaged with the Community Order not been able to complete the BBR within a 12-month, or even 24-month timeframe? Secondly, as such programmes are designed to reduce the risk of future domestic abuse, how is rehabilitation going to be achieved if the programme is removed? Thirdly, is it in the interests of justice or fairness to increase the length of the community order by 3 to 6 month to allow the programme to be complete?  These are complex questions and have no easy answer, especially if the reason for failing to complete (or start) the programme is not the offenders fault but rather the CRCs lack of management or organisation. Where an application to increase the order is granted by the court the offender faces an injustice in as much as their sentencing is being increased, not based on the severity of the crime or their failure to comply, but because the provider has failed to manage the order efficiently. Equally, where the removal of the BBR programme is granted it is the offender who suffers because the rehabilitative element is removed, making punishment the sole purpose of the order and thus undermining the very reason for the reform in the first place.

Whilst it may appear that I am blaming the CRCs for these failings, that is not my intent. The problems are with the reform itself, not necessarily the CRCs given the contracts. Many of the CRCs awarded contracts were not fully aware of the extent of the workload or pressure that would come with such provisions, which in turn has had a knock-on effect on resources, funding, training, staff morale and so forth. As many of these problems were also those plaguing probation post-reform, it should come as little surprise that the CRCs were in no better a position than probation, to manage the number of offenders involved, or the financial and resource burden that came with it.

My observations are further supported by the growing number of news reports criticising the arrangements, with headlines like ‘Private probation firms criticised for supervising offenders by phone’ (Travis, 2017a), ‘Private probation firms fail to cut rates of reoffending’ (Savage, 2018), ‘Private probation firms face huge losses despite £342m ‘bailout’’ (Travis, 2018), and ‘Private companies could pull out of probation contracts over costs’ (Travis, 2017b). Such reports come as little surprise if you consider the strength of opposition to the reform in the first place and their justifications for it. Reading such reports leaves me rolling my eyes and saying ‘well, what did you expect if you ignore the advice of experts!’, such an outcome was inevitable.

In response to these concerns, the Justice Committee has launched an inquiry into the Government’s Transforming Rehabilitation Programme to look at CRC contracts, amongst other things. Whatever the outcome, the cost of additional reform to the tax payer is likely to be significant, not to mention the impact this will have on the CJS, the NPS, and offenders. All of this begs the question of what the real intention of the Transforming Rehabilitation reform was, that is who was it designed for? If it’s aim was to reduce reoffending rates by providing support to offenders who previously were not eligible for probation support, then the success of this is highly questionable. While it could be argued that more offenders now received support, the nature and quality of the support is debatable. Alternatively, if the aim was to reduce spending on the CJS, the problems encountered by the CRCs and the need for an MoJ ‘bail out’ suggests that this too has been unsuccessful. In short, all that we can say about this reform is that Chris Grayling (the then Home Secretary), and the Conservative Government more generally have left their mark on the CJS.

[1] Community Orders typically lasts for 12 months but can run for 24 months. The BBR programme runs over a number of weeks and is often used for cases involving domestic abuse.

References:

Davies, M. (2015) Davies, Croall and Tyrer’s Criminal Justice. Harlow: Pearson.

Raynor, P., Ugwudike, P. and Vanstone, M. (2014) The impact of skills in probation work: A reconviction study. Criminology and Criminal Justice, 14(2), pp.235–249.

Robinson, G., Burke, L., and Millings, M. (2016) Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales. British Journal of Criminology, 56(1), pp.161-178.

Savage, M. (2018) Private probation firms fail to cut rates of reoffending. Guardian [online]. Available from: https://www.theguardian.com/society/2018/feb/03/private-firms-fail-cut-rates-reoffending-low-medium-risk-offenders [Accessed 6 July 2018].

Travis, A. (2017a) Private probation firms criticised for supervising offenders by phone. Guardian [online]. Available from: https://www.theguardian.com/society/2017/dec/14/private-probation-firms-criticised-supervising-offenders-phone [Accessed 6 July 2018].

Travis, A. (2017b) Private companies could pull out of probation contracts over costs. Guardian [online]. Available from: https://www.theguardian.com/society/2017/mar/21/private-companies-could-pull-out-of-probation-contracts-over-costs [Accessed 6 July 2018].

Travis, A. (2018) Private probation firms face huge losses despite £342m ‘bailout’. Guardian [online]. Available from: https://www.theguardian.com/society/2018/jan/17/private-probation-companies-face-huge-losses-despite-342m-bailout [Accessed 6 July 2018].

 

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