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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!

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!

See: Slave Ads at the EJI Museum

Criminology First Week Activity (2021)

Winning posters 2021, from L to R: Year 1, Year 2 and Year 3

Before embarking on a new academic year, it is always worth reflecting on previous years. In 2020, the first year we ran this activity, it was a response to the challenges raised by the Covid-19 pandemic and was designed to serve two different aims. The first of these, was of course, academic, we wanted students to engage with a activity designed to explore real social problems through visual criminology, inspiring the criminological imagination for the year ahead. Second, we were operating in an environment that nobody was prepared for: online classes, limited physical contact, mask wearing, hand sanitising, socially distanced. All of these made it very difficult for staff and students to meet and to build professional relationships. The team needed to find a way for people to work together safely, within the constraints of the Covid legislation of the time and begin to build meaningful relationships with each other.

The start of the 2021/2022 academic year had its own pandemic challenges with many people still shielding, others awaiting covid vaccinations and the sheer uncertainty of going out and meeting people under threat of a deadly disease. After taking on board student feedback, we decided to run a similar activity during the first week of the new term. As before, students were placed into small groups, advised to take the default approach of online meetings (unless all members were happy to meet physically), provided with a very short prompt and limited guidance as to how best to tackle the project. The prompts were as follows:

Year 1: Femicide

Year 2: Mandatory covid vaccinations

Year 3: Revoking British citizenship

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 2022-2022, with different prompts to provoke thought and encourage dialogue and team work. We’ll also take on board student and staff feedback from the previous two activities. Plato once wrote that ‘our need will be the real creator’, put more colloquially, necessity is the mother of all invention, and that is certainly true of our first week activity.

Who knows what exciting ideas and posters will be demonstrated this time, but one thing is for sure Criminology students have the opportunity to flex their activism, prepare to campaign for social justice, in the process becoming real #Changemakers.

What’s happened to the Pandora papers?

Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.

We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.

Via BBC https://www.bbc.co.uk/news/world-58780561

These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span. 

To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.

While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.

I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’.  I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.

References


BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)

Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge

No ways tired: Miss Lillie, arrested with Mrs. Parks.

12 September 2021

Visit to the Equal Justice Initiative Museum, From Enslavement to Mass Incarceration.

Near the end of the EJI’s newly expanded museum, there is a wall of slightly larger than life-size mugshots of folks arrested alongside Mrs. Rosa Parks in just another local act of civil disobedience. I’ve rarely seen a more earnest collection of everyday people, not unlike the folks around me as I get to know Montgomery today.

Mugshots.

Men in suits, ladies sporting pretty hats in their Sunday best.

Farmers in overalls and working women in neat dresses.

Learned-looking men with glasses, and fancy tiepins.

Young men in sleek fedoras and two or three older men in derbies.

Another man wears a skullcap.

Meaningful women and men of age, of reconstruction age, whom we imagine had by then seen every intimate and public side of Jim and Jane Crows’ wickedness.

They were representin’.

The only thing they seem to have in common is their determination.

(Sigh).

I found myself face-to-face and fixated with

Miss Lillie Bell Robinson.

She sat,

Framed,

With her arms,

Crossed.

Double-crossed.

With her head,

Tilted,

With her expression, tired, but

Also, a particular squint in her eye – or perhaps a gleam – that betrays her obvious fatigue,

As if saying: “No ways tired.”

I moan in tune, and

This somehow keeps my knees from buckling under the weight of it all, since

The preceding exhibits have already taken us along a long timeline where

Every glimpse of justice gets trampled upon –

Again, and again.

I sigh and see why they are tired.

On that day, did Miss Lillie know that much more violence, much more real intensified violence was yet to come?

This was the mid-50’s, and

Could Miss Lillie have imagined that:

Just 5-6 years later,

Freedom Riders from the north would arrive around the corner,

Riding federally desegregated, public coaches, and

The same local sheriffs would stand by, and

Let them get beaten, assaulted, brutally, and

Battered by white-hot mobs –

Only to arrest the so-called outside agitators?

Probably all of you, Miss Lillie, were battered by many of the same hands, and

Abandoned by many of the same actors of local justice.

I estimate Miss Lillie to be my grandparents’ age, and

By that day, they’d already fled and made their way to Kentucky.

I am wondering where Miss Lillie is now – right now?

(I take a deep sigh and realize that I’ve not yet reached the mass incarceration part of the museum, and ultimately just skimmed on by.

Graciously, the final exhibit is a “Recovery room,” a hall of walls of portraits,

which we might also call “mugshots,”

As each face had all, actively, over centuries,

Activated against oppression.

I recognized writers, musicians, poets, painters, politicians, preachers, teachers, activists of all flavors, and

After the weight of the truth shown in each timeframe, this left me feeling full of joy.

And, I moaned along with the tunes, there, too.

That day,

She’d had had enough, and

Though reluctant before,

Somehow now,

Miss Lillie could no longer stand by, and

Just wait for justice, and

Just go on about her own merry way, and

Pretend like this is ok, and

Adjust to the insanity of segregation, and

The very look on her face said this is “why we can’t wait.”

Her face calm, but

Twisted.

The mug shot ID, hanging around her neck like a shackle: #7010.

Business as usual, and for sure somebody’s gettin’ paid.

So, she not knowing.

She, not knowing if this all will work.

If getting arrested today mattered.

If any of this is worth it.

If this time change is coming,

having nothing left but Faith…

in herself, in others, and

Somehow faith in her nation… to do the right thing,

Despite this day, and

In spite of the many apparent setbacks, and

A million everyday,

Tiny little cuts.

We rise.

That day, Miss Lillie rose to the occasion.

She and all these others stepped up so we could step out, and

Step in here now,

Free to learn about each step along our legacy of peace.

I’m now in awe of Miss Lillie, and

Take a step back and

Smile at her, and

Take in the glory of this sensation.

Hats off to you, Miss Lillie.

Sculpture at EJI’s Lynching Memorial

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!

References:

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.

Colston, the toppling of a pejorative narrative

https://www.newyorker.com/news/letter-from-the-uk/how-statues-in-britain-began-to-fall

The acquittal of the four defendants for their role in the toppling of Edward Colston in Bristol has created an interesting debate and in some, more right-wing quarters, fury.  In an interview following the verdict Boris Johnson stated we cannot seek to “retrospectively change our history

But what history is he talking about, the one where this country was heavily involved in slavery or some other history around Empire and ‘jolly hockey sticks and all that sort of thing’?  

History tells us that this country’s empire, like all empires significantly benefited from its conquests to the detriment of those conquered.  Although if you watch the Monty Python film The Life of Brian, the right of the political spectrum might find some comfort in the sketch that starts with ‘What have the Romans ever done for us’?  This country’s history is complex more so because it is a shared history with its own inhabits and those of other countries across most of the world.  A history of slaves and slave traders.  A history of rich and powerful and poor and powerless. A history of remapping of countries, redefining of borders, of the creation of unrest, uncertainty and chaos.  A history of theft, asset stripping, taking advantage and disempowerment. As well as a history of standing up to would be oppressors.  It is a complex history but not one that is somehow rewritten or removed by the toppling of a statue of a slave trader.

The tearing down of the statue is history. It is a fact that this country’s so called great and good of the time were tarnished by a despicable trade in human misery.  The legacy of that lives on to this day. Great and good then, not so now, in fact they never were, were they? It may be questionable whether the circumstances of the removal of the statue were right, hence the charges of criminal damage. It might be questionable whether the verdict given by the jury was right, but surely this isn’t about changing history, it is about making it.

There are suggestions that the verdict may be referred to a higher authority, perhaps the Supreme Court.  It appears right that there was a case to answer, and it seems right that the jury were allowed to deliver the verdict they did. There is nothing perverse in this, nothing to challenge, due process has taken place and the people have spoken. The removal of the statue was not criminal damage and therefore was lawful.

If a statue is an affront to the people of a locality, then they should be able to have it removed. If is such an affront to common decency, then the only people guilty of an offence are those that failed to remove it in the first place.  Of course, it is more complex than that and perhaps the bigger question is why this didn’t happen sooner?

It would seem fitting to replace the statue with something else. Something perhaps that shows that slowly people of this country are waking up to the country’s past, well at least some of them. A statue that commemorates a new beginning, that acknowledges the country’s true past and points the way to a far more humane future for all.  No Mr Johnson, we shouldn’t try to rewrite or obliterate history, we just need to change the way it written and stop ignoring the truth.    

https://www.bbc.co.uk/news/uk-england-bristol-57350650

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.  

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