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“Over-policed and under-protected”- School children and policing: some criminological discussions
During the first week of Semester 2, the Criminology team put on a number of small sessions designed around topic areas to encourage some ‘radical’ discussion. Topic areas were designed to deliberately encourage debate and critical consideration. Due to the increasing use of police in schools, and relatively recent (within the past few years) issues around police stop and search in schools, disproportionately being used in schools with a majority Black and Brown cohort, often framed as ‘urban’ schools: it is an area of great interest for both Stephanie and myself. We were expecting some lively discussions around whether the Police should be in schools, and if so, in what capacity: and whilst the students did not disappoint in relation to this matter, they also raised some excellent points around the policing of school children and the control the school forces upon them. It is this area of the discussions that I would like to share with you.
Policing as a form of social control, exerted by schools, not necessarily the Police force, is rife within schools: something the students were quick to draw attention to. This was raised in relation to the policing of Black children’s hair. They are told to alter their appearances based on white standards, have been sent home for not conforming to the school dress code, sent to the back of classrooms for having distracting hair: in both primary and secondary school settings. This power over Black children’s hair, stands in contrast to the idea that children have no say over their hair, and are held to white westernised standards, yet can be held criminally responsible and subject to the force of the law as they are recognised as mature enough to understand crime and its consequences.
This baffling, controlling narrative is also evident in the use of school uniforms. Students raised the inappropriateness of some of the school uniforms in relation to the length of skirts, banning trainers, and piercings, which was a method of control which removed all sense of individuality and identity. It was recognised that children are encouraged to ‘grow up’ and ‘mature’ and ‘figure out’ what they want to do, but they had the methods of exploring this, especially in relation to their identity, restricted and policed. The limited autonomy over hair, clothes, piercings and children’s bodies stands in stark contrast to the legal discourse of children being criminally responsible at the age of 10years old in England and Wales. This was baffling to us!
A further way of policing students in school was through the surveillance the schools exerted over children. The use of CCTV, fingerprints as a method of purchasing lunch was originally considered as a form of security: the all seeing eye of big brother, oops sorry the school, and the attempt to reduce bullying by removing the carrying of cash was originally framed as a way of protecting children. However, the students were very critical of whether this surveillance was intended as protection, or rather as control. The idea of being deterred from delinquency through the use of CCTV, and preventing bullying by removing the possibility of money was considered, but again this refers back to the controlling of children’s behaviour.
There isn’t enough space to include all areas of the 2 hour discussion, and the time flew by quickly as the students and staff lost themselves in considering the role police play in schools, and the role schools play in policing children. The session concluded with us considering the school as an institution and whether its primary role was that of education, or of the creation of obedient bodies. I won’t tell you where we settled, but it is worth a ponder…
With thanks to all those who attended and stimulated the critical discussions around over-policed and under-protected: school children and policing: Gloria, Lucy, Kayode, Uche, Christivie, Joseph, Rosemary, Katya, Kayleigh, Chrissy, Diamante, Shola-Renee, Ellie, Sarah, Zoe, Stephanie and Jessica.
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!
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.
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.
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
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.