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And still the message is the same…

From The Chronicle. Taken 19 November 1987 by Peter Aman.

Following on from last week’s blog entry from @5teveh, @jesjames50 explores further dimensions of Sarah Everard’s murder.

Recently we saw the sentencing of Sarah Everard’s kidnapper, rapist and murderer. He has received a whole life sentence. As a woman within society I welcome this sentence. As a criminologist I am at a loss. There is a lot to unpick here in terms of ‘justice’ and whether this has been served. It is pertinent to question the use of a whole life order on a violent, misogynistic, kidnapper, rapist and murderer; who cooperated after arrest, who pleaded guilty and expected the full force of the law. But I shall leave that to another day, as the media’s portrayal of the sentencing and aftermath is what is currently fuelling my anger. The message remains the same, women can and should do more to prevent their victimisation.

The sentence given is at odds with the coverage which has followed. Handing down the most severe sentence available in England and Wales represents the seriousness of the offence, and the damage it has caused to those directly involved and those further afield. The possibility that the offender was in a position of trust, has violated this trust and committed abhorrent acts appears to justify the whole life order. The comparison to terrorism, something which violence against women has been linked to before within academia, is also very telling. But what is the focus? The focus is on how women can go about feeling safe in society and make lines of inquiry if they have doubts about a police officer’s conduct! Here the onus is on women acting in a manner of keeping themselves safe. The message remains the same: women should prevent their victimisation. Excellent I’ll add this nugget of information to my bag of ‘top tips for walking alone at night’.

Why aren’t the media building on this platform to challenge misogynist attitudes? Why are they not raising awareness of violence against women? Sarah’s kidnapping, rape and murder is horrific: but what about the women who undergo daily violence at the hands of their partners, family, friends? These individuals are also in a position of trust and abuse this position to cause harm to women! Here the media could raise awareness about how deep-rooted the issue of violence against women is, but instead they reinforce the idea that women can prevent their victimisation, and that violence occurs at night, by a stranger, and will have the offender brought to justice. This is not the reality for the vast majority of women. It is an extreme and exceptional case (no doubt something True Crime will encapsulate in years to come) and this is further reinforced by the sentence given. Yet violence against women is not exceptional, or rare: it is an everyday reality! Something the media has failed to draw attention to. And by failing to cement Sarah’s kidnapping, rape and murder in the wider context of violence against women, it raises the potential to set a standard of violence against women. Those everyday cases which do not fit the same circumstances are not considered an issue.

My intentions are in no way to take away from the abhorrent crimes committed against Sarah. The crimes sit in the context of violence against women which is still a fundament issue overlooked within society, and has been overlooked once again. And the rhetoric which has followed, yet again, is around how women can protect themselves in the future. The message remains the same…

Criminology First Week Activity (2020)

Winning posters 2020, from L to R: Year 1, Year 2 and Year 3

As we prepare to start the new academic year, it is worth reflecting on the beginning of the last one. In 2020 we began the academic year with a whole cohort activity designed to explore visual criminology and inspire the criminological imagination. Students were placed into small (socially distanced) groups, provided with a very short prompt and limited guidance as to how best to tackle the project. The prompts were as follows:

Year 1: Knife Crime

Year 2: Policing Protest (e.g. Black Lives Matter, Extinction Rebellion and so on)

Year 3: Creating Criminals: the CJS during the Covid-19 pandemic

Many of the students had never physically met, yet managed to come together in the midst of a pandemic, negotiate a strategy, carry out the work and produce well designed and thoughtful, criminological posters.

As can be seen from the collage below, everyone involved embraced the challenge and created some remarkable posters. Some of these have been shared previously across social media but this is the first time they have all appeared together in one place.

I am sure everyone will agree our students demonstrated knowledge, understanding, resilience and stamina. We will be running a similar activity for the first week of the academic year 2021-2022, with different prompts to provoke thought and encourage dialogue and team work. Who knows what exciting ideas and posters will be demonstrated this time, but one thing is for sure Criminology students have the opportunity to campaign for social justice becoming real #Changemakers.

Do we have to care?

In recently published The end-to-end rape review report on findings and actions the responsible minister admitted that “victims of rape [are] being failed”.  This stark admission is based on data that indicates that the current situation on dealing with rape is far worst than 5 years ago.  The ministers are “ashamed” of the data but luckily in their report they offer some suggestions on how to improve things; what to do to bring the conviction rates to the 2016 level and to move more cases forward for trial, leading to successful convictions.  At that point, the report presents the Criminal Justice System [CJS] as a singular entity that needs to address the issue collectively.  This, in part, is a fair assessment although it ignores the cultural differences of the constituent parts of the system.  Nonetheless, the government has identified a problem, commissioned a report and has a clear “ambitious” plan of how to address it.     

The report indeed presents some interesting findings and I urge people to review it whenever they can (https://www.gov.uk/government/publications/end-to-end-rape-review-report-on-findings-and-actions).  We know for example already that the number of cases that went into prosecution were low; in the last years this has become even lower.  That despite the prevalence rate remaining more or less the same.  Victims report that they are treated poorly, not believed arguing that the investigative model needs changing.  No wonder the ministers appear apologetic of the situation.  A headline crime category that is likely to cause an uproar and whilst thinking of the political fallout they come out in support of the victims!  Who wouldn’t?  Supporting a victim of crime, any crime is one of the main objectives of the CJS; once they have handed out retribution and prioritised on making an example of specific crimes and focusing on particular criminals, then their focus is on the victims!  The findings were expected, but even so when reading about the higher vulnerability of disabled women to rape and sexual abuse, underscores the systemic failure to deal with this crime.  It does not read like care!             

If I was an agitator, I would say that a criminal committing rape has less chance (statistically) to be convicted than someone who commits theft; but then I will be making a criminological cardinal sin; conflating criminalities and confusing the data.  In our profession we deal with data all the time.  Many of them come in the form of metrics looking at the way different crimes are reported, recorded etc.  We also know that context gives a perspective to these data.  Numbers may look the same, but that is arguably part of the problem.  It does not take into account the source of the data and their circumstances.  Not all numbers are the same and most importantly they do not measure similar trends.  The way the success rates are to be measured is not dissimilar from before and without owning a magic ball, it can be foreseen that rape will remain as is.  Of course, the metrics may change colour to signal improvement, but that will not alter the fundamental issues.    

On the day, one may have their car broken into, to report the incident can be a requirement from their insurance if they are to cover the cost.  On the day, the said person got raped by a current/former partner the matter is not about insurance.  These acts are not similar and to treat criminality as a singularity draws up uneven comparisons.  In this case we have a list of recommendations trying to ameliorate the bad metrics.  What are the recommendations?  The focus is again on the police and the Crime Prosecution Service [CPS] and the court experience the victims will have.  Again, indicates that these institutions have been criticised before for similar failings.  The change of practices in the police does not go as far as exploring the institutional culture.  The CPS’s requirement to do more is tied with the successful cases they will prosecute.  The need for the two organisations to work together more closely has been a discussion point for the last 20 years; as for the better experience in courts, it is definitely welcomed but in recent years, Victim Support as an organisation was stripped bare, the additional services cut and the domestic violence shelters disappearing.  The call for more services was continuously met with the offer of voluntary organisations stepping in, into such a complex area to provide help and support.  One may think that if we are to prioritise on victim experience these services may need to become professional and even expand the current ones. 

Lastly in this document the tone is clear; the focus yet again is reactionary.  We have some bad data that we need to change somehow; we have got some clear action plans and we can measure them (as the report intimates) at regular times.  This approach is the main problem on dealing with rape!  It does not offer any interventions prior to the crime.  There is nothing to deal say with rape culture, the degradation of women, the inequality and the rape myths that women are still subjected to.  Interestingly there are mention of empathy toward the rape victim but there is not a plan to instil empathy for people more widely.  No plan to engage the educational system with respect for the other (whoever the other is; a woman, a person of colour, disability, different origin) regarding sexual behaviours.  The report tenuously mentions consent (or lack of understanding it) instead of making plans how it can be understood across.  Unfortunately, this crime reveals the challenges we face in the discipline but also the challenges we face as a society that has traded care for metrics and the tyranny of managerialism.    

Not so Priti politics: setting a clear example

Of course Priti Patel the home secretary is correct when she declared that England fans have a right to boo England football players taking the knee before the England versus Croatia match on Sunday.  Correct that is, in considering the spirit of the European Convention on Human Rights and Article 10, Freedom of Expression. This being encapsulated in our own Human Rights Act 1998. But whilst, the home secretary considers such booing, lets call it a form of protest, acceptable, she then adds that the ‘taking of the knee’ is simply ‘gesture politics’ and finds this form of protest unacceptable.  The players and others through television advertising have made it clear that the statement is not political, it is simply a reminder of the need to tackle inequality and racism.

So, I’m left considering this, according to Priti Patel, it is acceptable to protest against those that oppose inequality and in particular racism, but it is not acceptable to protest against that in equality and racism.  The first is a right, the second is some form of gesture politics.  Ms Patel doesn’t end it there though but bemoans the Black Lives Matter protests and the ‘devastating impact they had on policing’.  Somehow, I think she’s missed the point.  If it is simply about the resources required to police the BLM protests, well the right of expression you say people have (you can boo if you want to) was simply being exercised and the police have a duty to facilitate those protests, devastating or not.  If the devastation was about some other impact such as morale, then I think a bit of introspection wouldn’t go amiss. There is far too much evidence to show that the criminal justice system and the application of policing in particular is unequal, unfair and in need of change.   

The home secretary is ultimately in charge of policing in this country.  A politician, yes, but also supposedly a leader, who should be leading by example.  What sort of example have her views set police forces across the country?  Carry on folks, this is just gesture politics.  No empathy, no understanding and a devil may care attitude, suggests that tackling inequality is not on the home secretary’s, let alone this government’s, agenda.  This is not politics of the right, this smacks of politics of the far right.  This is something we should all be worried about.  

Chauvin’s Guilty Charges #BlackAsiaWithLove

Charge 1: Killing unintentionally while committing a felony.

Charge 2: Perpetrating an imminently dangerous act with no regard for human life.

Charge 3: Negligent and culpable of creating an unreasonable risk.

Guilty on all three charges.

Today, there’s some hope to speak of. If we go by the book, all the prosecution’s witnesses were correct. Former police officer Chauvin’s actions killed George Floyd. By extension, the other two officers/overseers are guilty, too, of negligence and gross disregard for life. They taunted and threatened onlookers when they weren’t helping Chauvin kneel on Floyd. Kneeling on a person’s neck and shoulders until they die is nowhere written in any police training manual. The jury agreed, and swiftly took Chauvin into custody . Yet, contrary to the testimonials of the police trainers who testified against Chauvin’s actions, this is exactly what policing has been and continues to be for Black people in America.

They approached Floyd as guilty and acted as if they were there to deliver justice. No officer rendered aid. Although several prosecution witnesses detailed how they are all trained in such due diligence, yet witnesses and videos confirm not a bit of aid was rendered. In fact, the overseers hindered a few passing-by off-duty professionals from intervening to save Floyd’s life, despite their persistent pleas. They acted as arbiters of death, like a cult. The officers all acted in character.

Still many more rows to hoe. Keep your hand on the plow.

Teenager Darnella Frazier wept on the witness stand as she explained how she was drowning in guilt sinceshe’d recorded the video of Chauvin murdering Mr. Floyd. She couldn’t sleep because she deeply regrated not having done more to save him, and further worried for the lives many of her relatives – Black men like George Floyd, whom she felt were just as vulnerable. When recording the video, Ms. Frazier had her nine-year-old niece with her. “The ambulance had to push him off of him,” the child recounts on the witness stand. No one can un-see this incident.

History shows that her video is the most vital piece of evidence. We know there would not have even been a trial given the official blue line (lie). There would not have been such global outcry if Corona hadn’t given the world the time to watch. Plus, the pandemic itself is a dramatic reminder that “what was over there, is over here.” Indeed, we are all interconnected.

Nine minutes and twenty seconds of praying for time.

Since her video went viral last May, we’d seen footage of 8 minutes and 46 seconds of Chauvin shoving himself on top of ‘the suspect’. Now: During the trial, we got to see additional footage from police body-cameras and nearby surveillance, showing Chauvin on top of Mr. Floyd for nine minutes and twenty seconds. Through this, Dr. Martin Tobin, a pulmonary critical care physician, was able to walk the jury through each exact moment that Floyd uttered his last words, took his last breath, and pumped his last heartbeat. Using freeze-frames from Chauvin’s own body cam, Dr. Tobin showed when Mr. Floyd was “literally trying to breathe with his fingers and knuckles.” This was Mr. Floyd’s only way to try to free his remaining, functioning lung, he explained.

Nine minutes and twenty seconds. Could you breathe with three big, angry grown men kneeling on top of you, wrangling to restrain you, shouting and demeaning you, pressing all of their weight down against you? 

Even after Mr. Floyd begged for his momma, even after the man was unresponsive, and even still minutes after Floyd had lost a pulse, officer Chauvin knelt on his neck and shoulders. Chauvin knelt on the man’s neck even after paramedics had arrived and requested he make way. They had to pull the officer off of Floyd’s neck. The police initially called Mr. Floyd’s death “a medical incident during police interaction.” Yes, dear George, “it’s hard to love, there’s so much to hate.” Today, at least, there’s some hope to speak of.

One in a million!

We are not the same…respectfully

Disclaimer: whilst I can appreciate that it’s Women’s History Month and it would be appropriate that we all come together in support of one another, especially in the notion of us vs them (men). However, I am undoubtedly compelled to talk about race in this matter, in all matters in that sense. I can only speak on the influence of the women who are around me and of women who look like me. Black women. So, to the lovely white girl on twitter who felt the need to express under my thread how disheartened she was by the racial separation of womanhood in feminism … from the bottom of my heart, I am not sorry.

Sometime last year I stumbled across a book called They Were Her Property: White Women as Slave Owners in the American South by the marvellous Stephanie Jones Rogers. The book protested against the belief that white women were delicate and passive bystanders to the slave economy due to masculine power in the 18th century. Instead, it explores the white supremacy of white women and the high level of protection they had which, which often led to the lynching and killing of many Black men and boys (Emmett Till, 1955). The book also looks at the role of enslaved wet nurses, as many white women perceived breastfeeding to be uncultured and therefore avoided it. However, while enslaved children were flourishing and healthy, many of the white babies were dying. As a result, Black mothers were forced to separate from their babies and dedicate their milk and attention to the babies of their mistresses.

Consequently, this led to the high rise of neglect and death of black babies as cow’s milk and dirty water was used as a substitute (Jones-Rogers, 2019). Furthermore, Rogers goes on to explain how the rape of Black women was used to ensure the supply of enslaved wet nurses. As you can imagine the book definitely does not sugar coat anything and I am struggling to finish it due to my own positionality in the subject. One thing for sure is that after learning about the book I was pretty much convinced that general feminism was not for me.

When I think about the capitalisation and intersectional exploitation that black women endured. I lightly emphasise the term ‘history’ when I say women’s history, because for Black women, it is timeless. It is ongoing. We see the same game play out in different forms. For example, the perception that white women are often the victims (Foley, et al., 1995) and therefore treated delicately, while Black women receive harsher/ longer sentences (Sharp, 2000). The high demand of Black women in human trafficking due to sexual stereotypes (Chong, 2014), the injustice in birth where Black women are five times more likely to die from pregnancy and childbirth than white women in the UK (University of Oxford, 2019) and the historical false narrative that Black women feel less pain than white women (Sartin, 2004, Hoffman et al, 2016).

So again, we are not the same…. Respectfully. 

It is important for me to make clear that we are not the same, because we are viewed and treated differently than white women. We are not the same, because history tells us so. We are not the same, because the criminal justice system shows us so. We are not the same, because the welfare system and housing institutions show us so. We are not the same, because of racism.

This year’s women’s history month was more so about me learning and appreciating the Black women before me and around me. As I get older, it represents a subtle reminder that our fight is separate to much of the world. There is nothing wrong in acknowledging that, without having to feel like I am dismissing the fight of white women or the sole purpose of feminism in general. I am a Black feminist and to the many more lovely white women who may feel it’s unnecessary or who are disheartened by the racial separation of womanhood in feminism, I am truly, truly not sorry.

P.s to Nicole Thea, Sandra Bland, Toyin Salau, Blessing Olusegun, Belly Mujinga and Mary Agyeiwaa Agyapong. I am so sorry the system let down and even though you are not talked about enough, you will never be forgotten.

References:

Chong, N.G., (2014). Human trafficking and sex industry: Does ethnicity and race matter?. Journal of Intercultural Studies, 35(2), pp.196-213.

Foley, L.A., Evancic, C., Karnik, K., King, J. and Parks, A. (1995) Date rape: Effects of race of assailant and victim and gender of subjects on perceptions. Journal of Black Psychology, 21(1), pp.6-18.

Hoffman, K.M., Trawalter, S., Axt, J.R. and Oliver, M.N. (2016) Racial bias in pain assessment and treatment recommendations, and false beliefs about biological differences between blacks and whites. Proceedings of the National Academy of Sciences, 113(16), pp.4296-4301.

Jones-Rogers, S.E.(2019). They were her property: White women as slave owners in the American South. Yale University Press.

Sartin, J.S. (2004) J. Marion Sims, the father of gynecology: Hero or villain?. Southern medical journal, 97(5), pp.500-506.

Sharp, S.F., Braley, A. and Marcus-Mendoza, S. (2000) Focal concerns, race & sentencing of female drug offenders. Free Inquiry in Creative Sociology, 28(2), pp.3-16.

University of Oxford. (2019) NPEU News: Black women are five times more likely to die in childbirth than white women. Why? {Online}. Available from:https://www.npeu.ox.ac.uk/mbrrace-uk/news/1834-npeu-news-black-women-are-five-times-more-likely-to-die-in-childbirth-than-white-women-why {Accessed 29th March 2021}

It’s Autumn, and my hometown is on fire. #BlackenAsiaWithLove

It’s Autumn, and my hometown is on fire. [Theme song: When You Gonna Learn, by Jamiroquai]

Jay Kay sang: “Yeah, yeah, have you heard the news today?”

Me: Yeah, yeah, my hometown is on fire.

Protestors in downtown Louisville, my hometown.

My hometown is on fire. In March, SWAT-armed officers served a warrant, and an EMS worker ended up dead. The deceased was Black and poor, and lived in the poor Black part of town. The officers adhered to the codes of the ruling caste. The media covered the death matter-of-factly. The tag line is: “Breonna Taylor was an innocent person in her own home.” So, by extension, all the other victims were not innocent, and therefore deserved to die. Only Jesus’ death warrants defense…and outrage – according to the actions of the folks who James Baldwin called those who believe themselves to be white. So, Breonna, George Floyd, all of them…these were justifiable killings? Yeah, yeah, casualties of the race war where white supremacy has always had the whip.

My hometown is on fire. The mayor put the city on lockdown days ahead of the grand jury’s announcement, not Corona. Trucks block traffic now; windows were boarded up days ago. All to announce that (only) one of the shooters would be indicted, and on the lower end of charges. The officer was initially denounced and fired, and (only) now charged with “wanton, reckless endangerment.” None of the charges relate to Breonna’s death, so that’s exactly what the courts won’t be able to address.

Those who believe themselves t be white will defend their rights against these dead Black bodies

My hometown is on fire. Locals who believe themselves to be white char the memory of the victim, each victim, individually. For Breonna was not perfect, nor was Trayvon, nor George Floyd, nor Sandra Bland, nor countless others … all just human. Not even Amadou Diallo was a perfect-enough-victim for ‘those who believe themselves to be white’. Each family of each victim has had to fight the system individually, as if in a vacuum. Little attention to this incident was paid until the bodies mounted around the country. Everything changed when people of all races marched together, looters rioted and property was lost. Only then did “voters” take notice.

My hometown is on fire. The police have never been held accountable for such deaths. Apparently, the deceased liked bad boys, and was a victim of circumstance. White citizens – the so-called “voters”  – resist seeing the systemic causes to these deaths. Just a few weeks ago, after MONTHS of national outrage and protest, the police reached a 12-million-dollar settlement with Breonna Taylor’s family. Every Kentucky tax payer will pay for our collective neglect. My hometown held it down, made the world say her name.

My hometown is on fire. Say her name. “Say her name,” is now a moniker for another fallen Black body. Where whites see no systemic problem, there can be no systemic solutions. Please, “stop it going on.”

Protests in my hometown, Louisville, KY

What price justice?

Photo by Pawel Janiak on Unsplash

Having read a colleague’s blog Is justice fair?, I turned my mind to recent media coverage regarding the prosecution rates for rape in England and Wales.  Just as a reminder, the coverage concerned the fact that the number of prosecutions is at an all-time low with a fall of 932 or 30.75% with the number of convictions having fallen by 25%.  This is coupled with a falling number of cases charged when compared with the year 2015/16.  The Victims’ Commissioner Dame Vera Baird somewhat ironically, was incensed by these figures and urged the Crown Prosecution Service to change its policy immediately. 

I’m always sceptical about the use of statistics, they are just simple facts, manipulated in some way or another to tell a story.  Useful to the media and politicians alike they rarely give us an explanation of underlying causes and issues. Dame Vera places the blame squarely on the Crown Prosecution Service (CPS) and its policy of only pursuing cases that are likely to succeed in court. Now this is the ironic part, as a former Labour member of parliament, a minister and Solicitor General for England and Wales, she would have been party to and indeed helped formalise and set CPS policy and guidelines.  The former Labour Government’s propensity to introduce targets and performance indicators for the public services knew no bounds. If its predecessors, the Conservatives were instrumental in introducing and promulgating these management ideals, the Labour government took them to greater heights.  Why would we be surprised then that the CPS continue in such a vein?  Of course, add in another dimension, that of drastic budget cuts to public services since 2010, the judicial system included, and the pursuit of rationalisation of cases looks even more understandable and if we are less emotional and more clinical about it, absolutely sensible.

My first crown court case involved the theft of a two-bar electric fire. A landlady reported that a previous tenant had, when he moved out, taken the fire with him.  As a young probationary constable in 1983, I tracked down the culprit, arrested him and duly charged him with the offence of theft.  Some months later I found myself giving evidence at crown court.  As was his right at the time, the defendant had elected trial by jury.  The judicial system has moved a long way since then.  Trial by jury is no longer allowed for such minor offences and of course the police no longer have much say in who is prosecuted and who isn’t certainly when comes to crown court cases.  Many of the provisions that were in place at the time protected the rights of defendants and many of these have been diminished, for the most part, in pursuit of the ‘evil three Es’; economy, effectiveness and efficiency.  Whilst the rights of defendants have been diminished, so too somewhat unnoticed, have the rights of victims.  The lack of prosecution of rape cases is not a phenomenon that stands alone. Other serious cases are also not pursued or dropped in the name of economy or efficiency or effectiveness. If all the cases were pursued, then the courts would grind to a halt such have been the financial cuts over the years.  Justice is expensive whichever way you look at it.

My colleague is right in questioning the fairness of a system that seems to favour the powerful, but I would add to it.  The pursuit of economy is indicative that the executive is not bothered about justice.  To borrow my colleague’s analogy, they want to show that there is an ice cream but the fact that it is cheap, and nasty is irrelevant.   

Is justice fair?

There is a representation of justice.  A woman (lady justice) blindfolded holding the scales of justice in one hard and a sword in the other.  This representation demonstrates a visualisation of the core principles of justice: blindfold for impartiality, the scales for weighting the evidence and the sword, the authority.  The need for this representation is making the point that justice is fair.  To all people justice is an equaliser that brings the balance back to everyday life.  Those who break the natural order are faced with the consequences of the arbitration made by the system that assumes equality for all against the law.  

The representation of justice must be convincing in order to be accepted by the public.  The impartiality has to be demonstrable and the system forms a bond across all social strata.  Well, at least in principle.  There is a difference between representation and reality.  This is something we learn from early on.  As a kid, I remember a special ice-cream in a cup that had a little toy in the bottom of the cup.  It looked so appealing, but the reality never met my expectations.  Still, I continued to buy it, in anticipation that maybe the representation and the reality will meet.  Like the ice cream, the justice system, has a beautiful packaging that makes it incredibly appealing. 

Forged in the flames of the renaissance and the enlightenment, justice transformed from a convenient divinity to a philosophical ideal and a social need.  It became a concept that reflected social changes and economic growth.  Many of the principles of justice, like equality and fairness, carried forward from the classical era.  Only at this time these concepts were enriched with philosophical arguments influenced by humanism.  The age of exploration and knowledge added to the scientific rigour of forensic investigation and the procedures became standardised.  Great minds conceptualised some of theoretical aspects and transferred them in everyday practice.  Cesare Beccaria’s treatise On Crimes and Punishments demonstrated how humanist principles can affect procedure and sentencing. 

This justice system was/is our social “ice cream”.  Desirable and available to all citizens.  A system beyond people and social status, able to call individuals to account.  Unfortunately like my childhood “ice cream” equally disappointing, primarily because the reality is not even close to the representation.  The principles of justice are all noble and inspiring.  There is however something behind the systems that needs to be explored in order to understand why reality and representation are so far apart.  The guiding principle of any justice system from inception to this day is not to restore the balance (as so beautifully demonstrated with the scales) but to maintain the established order or the social status quo

On the occasions where societies broke down because of war or revolution, significant changes happened.  Those allowed some reforms in different parts of the system allowing changes, sometimes even radical.  Even at those situations the reforms were never too radical or too extensive.  Regardless of the political system, tyrannical, dictatorial or democratic, the establishment is keen to maintain its authority over the people.  For this to happen, the system must be biased in its inception about what we mean about justice.  If the expectations of law and order are given a direction, then the entire system follows that direction and all changes are more cosmetic than fundamental.  Quite possibly this explains what we recognise as miscarriages of justice as simply the inability of the system to be more tactful about its choices and arbitrations. 

Therefore, tax avoidance and drug use take a different level of priority in the system.  It is the same reason that people from different socioeconomic groups are seem differently, regardless of the system’s reassurance on equality and fairness.  Maybe the biggest irony of all is that the representation of justice is a woman, in one of the most male dominated systems.  From the senior judiciary to the heads of police and the prison systems, women are still highly underrepresented.  Whilst the representation of ethnic minorities is even lower.  Of course, even if it was to change in composition, that would be arguably a cosmetic change.  Perhaps it is time as society to use consumer law and demand that our justice system is like it’s been advertised…fair.       

https://www.pikrepo.com/flrpo/lady-justice-statue

“I can’t breathe”: Criminology, Science and Society

Sometimes the mind wanders; the associations it produces are random and odd, but somehow, they connect.  In the book of Genesis, there is reference to the first murder.  Cain murdered Abel with a stone making it the original murder weapon.  After some questioning from God, who acted as an investigating officer, and following a kind-of admission, God then assumed the role of the judge and jury, sentencing him to wander the earth.  This biblical tale is recounted by all three main monotheistic religions, a what to do in the case of murder.  The murderer is morally fallen and criminally dealt by with a swift punishment. 

There is no reason to explore the accuracy of the tale because that is not the point.  Religion, in the absence of science, acted as a moral arbitrator, sentencing council and overall the conscience of society.  In a society without science, the lack of reason allows morality to encroach on personal choices, using superstition as an investigative tool.  As scientific discovery grew, the relevance of religion in investigation was reduced.  The complexity of society required complex institutions that cared for people and their issues.   

When the Normans landed in England, they brought with them a new way of dealing with disputes and conflict. Their system of arbitration, using the King as a divine representative, was following Roman tradition and theology but it soon became apparent that a roaming court may not be as efficient. The creation of the magistrates and the statutes on legal representation introduced the idea of bringing professionals into justice. The creation of new institutions fostered the age of the scholar, who uses evidence-based practice.

This new approach removed more religious practices, instead favouring the examination of facts, the investigation of testimony and the study of law.  It was a long way away from the system we know now as the witch trials can attest to; a number of whom took place in East Anglia (including Northampton).  In the end the only thing that has been left from the early religious trials is the oath witness take when they submit their testimony.* 

The more we learn the better we become in understanding the world around us. The conviction that science can resolve our problems and alleviate social issues was growing and by the 19th century was firm. The age of discovery, industrialisation and new scientific reasoning introduced a new criminal justice system and new institutions (including the police). Scientific reasoning proposed changes in the penal code and social systems. Newly trained professionals, impervious to corruption and nepotism, were created to utilise a new know-how to investigate people and their crimes.

Training became part of skilling new mandarins in a system that reflected social stratification and professionalism. The training based on secular principles became focused on processes and procedures. The philosophy on the training was to provide a baseline of the skills required for any of the jobs in the system. Their focus on neutrality and impartiality, seemed to reflect the need for wider social participation, making systems more democratic. At least in principle that was the main idea. Over centuries of public conflict and social unrest the criminal justice system was moving onto what people considered as inclusive.

Since then the training was incorporated into education, with the new curriculum including some BTECs, diplomas, foundation studies and academic degrees that take on a variety of professions from investigative fields to law enforcement and beyond. This academic skilling, for some was evidence that the system was becoming fairer and their professionals more educated. Police officers with knowledge of the system, akin to lawyers to the probation service and so on. So far so good…but then how do we explain the killing of George Floyd? Four officers trained, skilled, educated and two of them experienced in the job.

If this was a one, two three, four, -offs then the “bad apple” defence seems to be the most logical extrapolation on what went wrong.  If, however this is not the case, if entire communities are frightened of those who allegedly serve and protect them, then there is “something rotten in the state of Denmark”.  Whilst this case is American, it was interesting to read on social media how much it resonated, in communities across the globe of those who felt that this was nothing more than their own everyday experience with law enforcement.  For them, police is merely a mechanism of repression. 

Since the murder I have read a number of analyses on the matter and maybe it worth going a bit further than them. In one of them the author questioned the validity of education, given than two of the officers in the Floyd case hold a criminal justice and a sociology degree respectively. There is a vein of truth there; educators have some responsibility to forge and promote professional conduct and ethical practice among their alumnus. There are however some other issues that have not been considered and it is time for these to be brought to the surface.

Education or training alone is not adequate to address the complexities of our society. Social awareness, cultural acceptance and the opportunity to reflect on the rules using problem solving and insight are equally important. Foucault has long argued that the justice system is inherently unfair because it preserves privileges and blocks anyone outside from challenging it. Reflecting on that, all major constitutional changes took place after a revolution or a war, indicating the truism in his observation.

If we are to continue to train people on procedures and processes the “bad apples” are likely to strike again. The complexity of social situations requires an education that ought to be more rounded, critical and evaluative. If a doctor takes an oath to do no harm, then so should every other professional who works in their community. If the title of the office is more appealing than the servitude, then the officer is not fulfilling their role. If we do not recognise equality among all people, then no training will allow us to be fair. Suddenly it becomes quite clear; we need more education than less, we need knowledge instead of information and we need more criminology for those who wish to serve the system.

*Even that can now be given as an affirmation

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