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Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
Do You Remember the Time? At the Lynching Memorial
On September 11, 2021 I visited the Lynching Memorial, which is near the newly expanded Equal Justice Initiative Museum, From Enslavement to Mass Incarceration.
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.
We can see that, at times, entire families were lynched.
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,
We’ve gotten the police murders of George Floyd and Breonna Taylor,
Or even Michael Brown, Walter Scott and Philando Castile.
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.
All of these martyrs are included in the museum’s growing timelines (sigh).
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.
Outside of these few sorts of memorials,
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!
Refugee Week 2022
Next week (20th-26th June) is Refugee Week, coming at a moment in time days after the first deportation flight of asylum seekers to Rwanda was scheduled. Luckily the government’s best efforts were thwarted by the ECHR this time. Each year Refugee Week has a theme and this year’s focus is healing. People fleeing conflict and persecution have a lot to heal from and I am pessimistic about whether healing is possible in the UK. My own research examines the trajectories of victimisation among people seeking safety. I trace experiences of victimisation starting from the context from which people fled, during their journeys and after arrival in the UK. It is particularly disturbing as someone who researches people seeking safety that once they arrive in a place they perceived to be safe, they continue to be victimised in a number of ways. People seeking safety in the UK encounter the structurally violent asylum ‘system’ and discriminatory attitudes of swathes of the public, sections of the media and last not certainly not least, political discourse. Even after being granted leave to remain, refugees face a struggle to find accommodation, employment, convert education certificates and discrimination and hate crime is ongoing.
Over the years I have supported refugees who suffered breakdowns after having their asylum claim awarded. They are faced with the understanding of the trauma they suffered pre-migration, compounded by the asylum system and the move-on period following claims being awarded. Yet this is no time to heal. In the wake of the Nationality and Borders Act 2022, no migrant nor British citizen with a claim to citizenship elsewhere is safe. There is no safety here and therefore there can be no healing, not meaningful healing anyway.
Despite my negative outlook on the state of immigration policy in the UK, there are some positive signs of healing for some people seeking safety. These experiences are often facilitated by peer support, grassroots organisations and charities. I recall one woman who had fled Iraq coming into a charity I was undertaking research in. When we met for the first time, she was tiny and looked much older than she was. She would pull her veil tightly around her head, almost like it was protecting her. This woman did not speak a word of English and the only volunteer Kurdish Sorani interpreter did not attend the group every week. The womens’ group I attended conducted activities which overcame language barriers and at the time we were working with tiles and mosaics on a project which lasted a few weeks. During this time I could visibly see this woman start to heal. She started to stand up straight, making her appear taller. Her face softened and she appeared younger. She started smiling and her veil loosened. She was relaxing among us. In my experience, I’ve noticed that the healing comes in ebbs and flows. Relief of being ‘safe’, compounding stress of asylum, making friends, waiting, waiting, waiting for a negative decision, being supported by NGOs, letters threatening deportation, having a ‘safe’ place to live, having a firework posted through your letterbox.
For me this week is about celebrating those fleeting moments of healing, since I spend so much of my time discussing and researching the negative. The University of Northampton is co-hosting a number of events to mark Refugee Week 2022, starting with a service being held to remember all those seeking sanctuary both past and present. The event will be held on Monday 20th June at 1pm at Memorial Garden, Nunn Mills Road, Northampton, NN1 5PA (parking available at Midsummer Meadow car park).
Monday will end with an ‘in conversation with’ event with University of Northampton doctoral candidate Amir Darwish. Amir is Kurdish-Syrian and arrived in the UK as an asylum seeker in 2003. He is now an internationally published poet and writer. This event will be run in conjunction woth Northampton Town of Sanctuary and will be hosted at Delapre Abbey at 7pm. You can find further details and book tickets here.
On Wednesday the University of Northampton and Northampton Town of Sanctuary will be hosting an online seminar at 3pm with Professor Peter Hopkins, whose recent research examined the exacerbation of existing inequlaities for asylum seekers during the pandemic. I’ve just written a book chapter on this for a forthcoming volume reflecting on the unequal pandemic and it was staggering – but unsurprising – to see the impact on asylum seekers. This seminar can be accessed online here.
The week’s events will conclude with a Refugee Support Showcase which does what it says on the tin. This event will be an opportunity for organisations working with refugees in the local area to show the community the valuable work they do. This event will take place on Thursday 23rd June 4-6pm at the Guildhall, St. Giles Square, Northampton.
This year the University has worked with a number of organisations to produce a well-rounded series of events. Starting with reflection and thought of those who have sought, and continue to seek sanctuary and celebrating the achievements of someone who has lived experiences of the asylum system. Wednesday contibutes to the understanding of inequalities for people seeking safety and we end Friday on a positive note with the work of those who facilitate healing.
Youth or Adult: can you tell?
This week’s blog begins with a game: youth or adult, secure estate in England and Wales. Below are some statements, and you simply need to guess (educated guesses please), whether the statement is about the youth, or adult secure estate. So, are the statements about children in custody (those under the age of 18 years old) or adults in custody (18+). When you’re ready…
- 70% decrease in custody in comparison to 10 years ago
- Segregation, A.K.A Solitary Confinement, used as a way of managing the most difficult individuals and those who pose a risk to themselves or others
- Racial disproportionality in relation to experiencing custody and being remanded to custody
- Self-harm is alarmingly high
- 1/3 have a known mental health disability
- Homelessness after release is a reality for a high proportion of individuals
- Over half of individuals released from custody reoffend, this number increases when looking at those sentenced to 6months of less
How many did you answer youth secure estate, and how many adult secure estate? Tally up! Did you find a 50/50 split? Did you find it difficult to answer? Should it be difficult to spot the differences between how children and adults are treated/experience custody?
All of the above relate specifically to children in custody. The House of Commons Committee (2021) have argued that the secure estate for children in England and Wales is STILL a violent, dangerous set of environments which do little to address the needs of children sentenced to custody or on remand. Across the academic literature, there is agreement that the youth estate houses some of the most vulnerable children within our society, yet very little is done to address these vulnerabilities. Ultimately we are failing children in custody! The Government said they would create Secure Schools as a custody option, where education and support would be the focus for the children sent here. These were supposed to be ready for 2020, and in all fairness, we have had a global pandemic to contend with, so the date was pushed to 2022: and yet where are they? Where is the press coverage on the positive impact a Secure School will make to the Youth estate? Does anyone really care? A number of Secure Training Centres (STCs) have closed down across the past 10 years, with an alarmingly high number of the institutions which house children in custody failing Ofsted inspections and HM Inspectorate of Prisons (2021) found violence and safety within these institutions STILL a major concern. Children experience bullying from staff, could not shower daily, experience physical restraint, 66% of children in custody experienced segregation which was an increase from the year prior (HM Inspectorate of Prisons, 2021). These experiences are not new, they are re-occurring, year-on-year, inspection after inspection: when will we learn?
The sad, angry, disgusting truth is you could have answered ‘adult secure estate’ to most of the statements above and still have been accurate. And this rings further alarm bells. In England and Wales, we are supposed to treat children as ‘children first, offenders second’. Yet if we look to the similarities between the youth and adult secure estate, what evidence is there that children are treated as children first? We treat all offenders the same, and we treat them appallingly. This is not a new argument, many have raised the same points and concerns for years, but we appear to be doing very little about it.
We are kidding ourselves if we think we have a separate system for dealing with children who commit crime, especially in relation to custody! It pains me to continue seeing, year on year, report after report, the same failings within the secure estate, and the same points made in relation to children being seen as children first in England and Wales: I just can’t see it in relation to custody- feel free to show me otherwise!
House of Commons Committees (2021) Does the secure estate meet the needs of young people in custody? High levels of violence, use of force and self-harm suggest the youth secure estate is not fit for purpose [Online]. Available at: https://houseofcommons.shorthandstories.com/justice-youth-secure-estate/index.html. [Last accessed 4th April 2022].
HM Inspectorate of Prisons (2021) Children in Custody 2019-2020: An analysis of 12-18-year-old’s perceptions of their experiences in secure training centres and young offender institutions. London: Her Majesty’s Inspectorate of Prisons.