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Odd thing superstition, it makes reasonable and seemingly rational people think and behave in the most irrational and inexplicable manner. Always we notice these behaviours and thoughts in other people, but so many of us carry in the back of our minds equally irrational ideas and beliefs. We hear of football club managers who always wear the same clothes at a game, athletes that engage in the same pre-game routine and of course, politicians who act in certain ways during their election campaign. For the rest of us there are ladders in the street, black cats, that we may avoid or there are dates in the calendar that we take notice. Friday the 13th is one of those Anglo-Saxon dates that people take notice of.
I am sure that some of my historian friends will be able to give a good account of the origin of the unfortunate date, but I can only go with the “official tradition” of Jesus, the 13th student, (Judas) and his subsequent arrest on the Friday before the Crucifixion. The day, somehow, became one of those that we notice, even when we are not superstitious. There is even a psychologically recognised fear of the date Triskaidekaphobia; which in Greek means the fear of 13! Of course social fears are blended with wider social anxieties, whether that is the fear of the unknown or the realisation that in life, there are things that we have little control of.
In the days leading up to this Friday the 13th we engaged with political discussions about what direction the country shall take. The health service, the justice system, the state’s responsibility, all the way to welfare and the state of the union, were all eclipsed by one topic that has dominated discourses, that of the execution of leave from the European Union commonly known as Brexit. Ironically the “exit” preface was used before for Greece (Grexit), and Italy (Italexit) but seems that Brexit has won the battle of the modern lexicon. The previous “exits” where used as a cautionary tale for the countries being forced out of the union, whilst Brexit is about leaving the Union.
Having considered all the issues, this one issue became the impetus for people to give politicians a mandate. Complete this issue before and above all the rest. It is an issue likened to a divorce, given a texture, (soft/hard) and has even been seen as the reason for generational conflicts. Therefore the expectation is clear now . Leave the European Union, and then let’s see what we can do next. The message is fairly clear and the expectation is palpable. Beliefs and hopes of the people narrowed down to one political move that shall terminate membership to the European Union. Of course there are subsequent questions and issues that this act of national defiance may come with. As for the state of the Union, that may have to be the next thing we discuss. This follow up conversation may not be as welcome, but it is definitely interesting. If joining the EU back in 1975, warranted a discussion, then the 1536 Act of Union may become the next topic for conversation. As for healthcare, justice, education and welfare, we may have to wait a little bit more longer. Whether this will mark Friday 13th December 2019 as a date of fortune or misfortune, that is yet to be decided, but that is the same for every day of the week.
Just for your records and for the Triskaidekaphobians out there, the next Friday the 13 is in March 2020 followed by the one in November 2020. Just saying…
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.
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
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.