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It’s different now… it happened to me
A few weeks ago, @paulaabowles shared an article on the Criminology Facebook page which posed the question of whether graffiti is art or crime. My response was art. And like all art, not all variations, interpretations or styles are for everyone. I know I can look at some graffiti and be quite taken aback at the brightness, boldness and creativity which shines through. I can also look at some and go ‘eugh’. However I have the same reactions to various classical and well-known pieces. My unrefined self does not get all the hype about a number of Picasso’s works (possibly all the ones I have seen). Nevertheless this is the beauty of art: it is down to individual taste.
So for me, I was fairly certain on my opinions and convictions towards graffiti as an art form, and as an example of the CJS further stigmatising and criminalisation young people’s behaviours: something I am certain we are all quite familiar with at this stage in our criminological journey. However those beliefs and informed views were put to the test over the Bank Holiday (BH) Weekend, and in all honesty I think I am still trying to get to grips with them. It is different now…. It happened to me.
Some context: as those of you who have read various blog posts from myself will no doubt remember, my partner runs a small kiosk near one of the Royal Parks in London. Often during the weekends and summer months, I provide an extra pair of hands to help clean and serve during the busier periods. And as a result of the pandemic, my partner finds themselves going from a team of 4 down to just them, and me when I am able to support: this was the case for the BH Weekend. Off we popped, down to London for a day of serving hotdogs, drinks and ice creams. However our day was thrown off course by some ‘ugly’ graffiti all over the front of the kiosk.
My partner was angry, and felt personally attacked (not really sure by who- but guess that’s besides the point). It is not the first time the kiosk has had graffiti on it, but it is the first time I have seen it in person and witnessed my partner’s response. Rather than starting our working day and opening up, we had to clean the graffiti off. My partner set to this: just over 3 hours later some of it has been removed, but so has some of the kiosk’s paint. It looks a mess. We are now at midday and we cannot afford to remain closed and keep cleaning. We have lost 3 hours of trading time to try and remove it, only to remove some of it and some of the kiosk’s paint. I am informed that we shall need to go to B&Q to try and find some graffiti remover: Capitalism wins again! But seeing my partner cleaning for 3 hours, losing the trading hours and for this end result: I can’t help but feel angry, frustrated and in want of some kind of justice. It’s different now… it happened to me.
But what realistically would justice be in the scenario? What do I actually want as a result? I have no idea. I asked my partner who said they just wanted them ‘not to do it’. It is private property, will my partner call the police? Nope: just nuisance annoying behaviour, but not much anyone can do about it. I feel less inclined to call it art. I like my partner’s use of ‘nuisance’ behaviour: it feels very accurate. I do not think my partner was targeted, I think it was available as a surface to be used for that individual or individuals to express themselves. But I am shaken in my previously held convictions. Shouldn’t something be done. We lost 3 hours of trading, the kiosk now needs to be repainted and we shall need to purchase some graffiti remover. All for some expression of ‘art’? Shouldn’t there be some kind of repercussion?
I am not too sure. I also know when this has happened before, and I have not been present to witness the impact it has on my partner and the kiosk I have been very nonchalant about it. ‘Oh dear, that’s frustrating’, ‘ah well, never mind’. But being there and seeing it: I view it differently. And this is something many of us come to grips with when considering hypothetical moral situations and larger ethical questions. We think we will act one way, but if it happened to us: it is quite possible our opinions, informed views and beliefs would change. I still think graffiti is art, but I am not so convinced in my previous assertation that it is not a crime…
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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.
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.
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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}
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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.
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.
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.”
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Betty Broderick
I’m sure many of you are aware of the Dirty John series two, Betty Broderick. Although it has not had as much coverage as I’d have hoped. Now true crime documentaries are not always the best way to find out the truth, after delving deep into the history of this case, I found it does represent it well. If you haven’t given it a watch, I would definitely recommend it and would love to know your thoughts on the case.
Betty was married to Daniel Broderick, having 4 children and helping him become a doctor and then through law school. Of course, it all ended in 1989 when Betty had finally had enough of the torturous years with her husband’s affair with Linda Kolkena, killing them both. Not that I am condoning what she did at all, it was wrong for her to end his and Linda’s life. Although I do understand why she did do it and believe others in her situation could be led to this end too. After she kept them afloat with money while he went through law school, having his children and being the perfect housewife, he decided she was too old and needed a young wife to suit his new high class life-style.
This is not to say that Daniel was the sole person to blame, Betty was in the wrong too. However, taking a woman’s children away from her and brainwashing them tipped her over the edge, as it would do with many women. Betty brought the children up alone, with Daniel always too busy with his company to care about them. It seems Daniel did love Betty to begin with, but to me, it seems it became easy and stayed with her to do everything for him.
Daniel began socialising with his new girlfriend, rubbing his success in Betty’s face. This really does make me sad for Betty, she had no money because all her time was invested in her husband’s career. When it came to the divorce, it became a game for Daniel, trying to leave her with next to nothing and only supervised visits with her own children. He really did drive her to the point of destruction.
This woman is now 72 and has been in prison since 1989. I may be too generous, but I believe that this woman should be let to live her final years as a free woman. Free from having to fight for her children, fight for money to live and fight for her sanity. Daniel took all these away from her. And, although he did not get to live, Betty merely existed in the years of their divorce. She lost her spark and became depressed.
What do you believe?
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What price justice?
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.
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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.
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“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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Parole in Lockdown
It’s a sad fact of life in and after lockdown that everything is a bit rubbish. We have called groups of friends a few times to chat via Zoom. It’s nice to see everyone but the conversation doesn’t flow. You can’t pick up the cues to detect who wants to speak next and if everyone talks at once you can’t hear anything. Zoom quizzes are fun, but, for the same reasons, they lack the banter of a real pub quiz and are therefore focussed and functional. A couple of times we have sat down as a family to watch streamed theatre performances. They were very good but it’s not the same as a night at the theatre and, without the atmosphere of a live performance, you might as well watch a TV drama which has been written for the medium through which it is presented. Things which were once simple are now complicated – you need an appointment to go to the tip for heaven’s sake! And while Peter Crouch: Save Our Summer is quite amusing, it is no substitute for the live international football that the Euros were promising.
On 23rd March 2020, the Parole Board made the decision to postpone all face to face hearings with immediate effect. The decision was inevitable – prisons had closed their gates to visitors and it was no longer possible for members and witnesses to travel the country for hearings. A couple of weeks of frenzied activity followed as cases were reviewed. Some were deferred, some were decided on the papers, others were converted to telephone or video hearings. Since then, I have participated in 20 remote Parole hearings, all conducted by Skype / telephone. So, has the Parole process, like so many other things, become a bit rubbish?
The simple answer to that is, surprisingly, no. Remote technology has been available to the Parole Board since I was appointed ten years ago. A new “Parole Hub” had just been established and its virtues were extolled at my initial training. The idea was that the panel would convene in a suite in London while the prisoner and witnesses would join via video link. It was to be the future. In reality, hub hearings never took off in the way that was hoped. While the Parole Hub has been running continuously, only a few prisons have the necessary technology. Most cases were considered too complex to risk making a decision without seeing the prisoner. Any suggestions of learning difficulties, mental health problems, serious or unusual offending meant that cases were deemed unsuitable to be heard remotely. Despite expressing a willingness to conduct hub hearings, I have only done two in ten years.
All that changed on 23rd March. If we had deferred every “complex” case, we would have a massive backlog by now. Instead, after the initial confusion of the first couple of weeks, the Parole system has adjusted. We are now hearing just as many cases as we would have expected in normal times and the backlog is reducing rather than increasing. Telephone hearings are by no means perfect. Sometimes the line crackles and you have to ask people to repeat themselves. Sometimes participants disappear altogether. In one of my hearings, the chair vanished for 10 minutes but after a few frantic e-mails he was able to re-join. Sometimes witnesses don’t pick up the non-verbal cues that they have answered the question and ramble on for longer than they may otherwise. As a result, remote hearings tend to take slightly longer than face to face hearings.
But there are advantages too. In my experience, telephone hearings start on time – everyone logs on when they are supposed to, no one gets stuck in traffic. From a personal point of view, I can wear what I like, I can get up and stretch, I can drink coffee and eat snacks during the hearing, all without looking unprofessional. Hearings may take a little longer but I don’t have a long drive home afterwards, so they are less tiring. If one of my hearings is cancelled, it is relatively easy to find another one to take its place because I’m no longer restricted by geography – I can pick up a vacancy anywhere in the country. And remote hearings cost the tax payer a lot less in travel expenses and hotel costs. As long as solicitors are able to consult with their clients by telephone prior to hearings, they are able to represent their interests effectively. Several of my remote hearings have involved vulnerable prisoners, with learning difficulties, mental health problems, physical health problems and dementia. Prior to 23rd March, none of these would have been considered for remote hearings but in most cases, despite these challenges, the prisoners were able to participate just as effectively as they would have been in face to face hearings.
The crucial issue, however, is whether the quality of our decisions is affected by our new way of working. That remains to be seen. We will have to wait for the statistics to see whether we are more risk averse and reluctant to release from remote hearings. Time will tell whether serious further offences by prisoners on Parole increase. In theory, the fact that we don’t know what the prisoners we are dealing with look like, may help to reduce unconscious bias and make our decisions fairer. It is very difficult to tell whether someone is lying to you, whether you can see them or not. Not being able to see the “whites of their eyes” is unlikely to make much difference to whether or not we are fooled by prisoners who present themselves well but have made little genuine change to the risk they present.
So remote Parole hearings are probably here to stay. While face to face hearings will return for the most complex and vulnerable prisoners, the majority will continue on the telephone or video link. COVID-19 has forced technological change on the Board in a way that the Parole Hub did not. This may be a good thing or it may not – we will have to wait and see.
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Nothing is black and white: the intransigence of fools
One thing we criminologists know is that it is impossible to prevent crime. Many a great criminologist has tried to theorise why crime occurs (my shelves are full of their books) and whilst almost all have made valuable contributions to our understanding of crime, it is an unfortunate fact that crime continues. But then crime itself is difficult to define and has its basis in time, power, opportunity and social discourses. What is criminal today will not be criminal tomorrow and what is important today will lose its importance tomorrow, in favour of some new or maybe, old, manifestation of that elusive concept we call crime. Perhaps we should we grateful, for in the industry of crime lies mass employment. From criminologists to those that attempt to stem the tide of crime, those that deal with its aftermath and those that report on it or write about it (real or fictional), there is money to be made. If we stopped crime, we would all be out of a job.
Most, if not all of us have at some stage in our lives committed some sort of crime. Most crimes will fortunately be almost inconsequential, maybe a flouting of a law such as driving a car over the speed limit. Other crimes will be more serious and whilst some criminals will be brought to book most are not. The inconsequential crime of driving over the speed limit, albeit perhaps due to a lapse of concentration, can have dire consequences. There is clear evidence that the survival rates of pedestrians struck by cars has a direct correlation with speed. So the inconsequential becomes the consequential, the ephemerality of crime, the reality.
When we think of crime, we often have little concept of its reality. We apply labels and our own rules to that we know and find acceptable. Speeding is not criminal, well not generally, unless it’s a boy racer. Drink driving is a no-no, but we might take it to the alcohol limit when having a drink. Drugs (the criminalised type) are ok, well some are and some aren’t, it all depends on your viewpoint. Drugs (the prescription type) are ok, even if they impair our ability to drive. Alcohol, well that’s absolutely ok, even if the abuse of it leads to more deaths than drugs and the consequences of that misuse has a really significant impact on the NHS. Tax evasion, illegal if you get caught, ok if you don’t. A bit like fraud really, ok if you can get away with it but then maybe not, if the victim is a little old lady or me. Assault, well it depends on the seriousness and the situation and probably the victim. Robbery, not good to go into an off licence with a gun and threaten the shopkeeper, bullying if you take lunch money off the lad outside the school gates.
Criminals don’t walk around with a label that says ‘criminal’ and even if they did, there would have to be a method of bestowing the label in an instance. Nonsense of course, only a fool would suggest such a thing. What about the people that committed a crime but have changed their ways I hear my colleagues ask? What about those that haven’t, or have and then relapse, I reply.
Nothing is black and white; the concept of crime is elusive, as are criminals (both by concept and nature). And yet we happily castigate those that attempt to uphold the law on our behalf and in doing so view crime and criminals as clear concepts. Each has a clear label, each is clearly identifiable, so how can they get it so wrong so many times. Whilst criticising those that attempt, and let’s be quite honest, fail most of the time to stem this tide of crime, perhaps we might also think about the impossibility of the job in hand. That’s not to say that a lot of the criticisms are not justified, nor that things should not change, but if we only examine all that is wrong, we lose sight of reality and only an intransigent fool would continue an argument that sees the problems and solutions as simply black and white.
Thoughts from the criminology team 