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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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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.
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“A small case of injustice”
Pride as a movement in the UK but also across the world signals a history of struggles for LGBTQ+ community and their recognition of their civil rights. A long journey fraught with difficulties from decriminalisation to legalisation and the eventual acceptance of equal civil rights. The movement is generational, and in its long history revealed the way social reactions mark our relationship to morality, prejudice, criminalisation and the recognition of individual rights. In the midst of this struggle, which is ongoing, some people lost their lives, others fell compelled to end theirs whilst others suffer social humiliation, given one of the many colourful pejoratives the English language reserved for whose accused or suspected for being homosexuals.
This blog will focus on one of the elements that demonstrates the relationship between the group of people identified homosexual and the law. In sociological terms, marginalised groups, has a meaning and signals how social exclusion operates against some groups of people, in these case homosexuals but it does apply to any group. These groups face a “sharper end” of the law, that presumably is equal to all. This is the fallacy of the law; that there are no inherent unfairness or injustice in laws. The contention for marginalised groups is that there are presumptions in the law on purported normality that disallows them to engage fully with the wider community in some cases forced to live a life that leads all the way to segregation.
Take for example “entrapment”. Originally the practice was used by law enforcement officers to identify counterfeit money, later to investigate the sales of untaxed tobacco or the use of unlicensed taxis. The investigation in law allows for the protection of the public, non uniform officers to pose as customers in order to reveal criminalities that occur in the dark corners of society. The focus predominantly was to protect consumers and the treasury from unpaid tax. So, from that how did the law enforcement officers use it to arrest homosexuals? It is interesting to note we can separate the letter of the law as opposed to the spirit of the law. This distinction is an important one criminologically whilst for the law enforcement agencies evidently there is no such distinction.
The most recent celebrity case led to the arrest of George Michael in Los Angeles, US; the operation led to the outing of the artist and his conviction. As a practice across many years, entrapment played a significant part in the way numerous homosexuals found themselves arrested given a criminal record, loss of employment and in some cases ending up in prison. It is important to note that prior to the Sexual Offences Act of 1967, the biggest sexual crime in England and Wales was that of homosexuality (recorded as indecency or buggery). It took decades for that statistic to change, although historically remains still the highest category.
The practice of entrapment employed by the police demonstrates the uphill struggle the LGBTQ+ community faced. Not only they had to deal with social repulsion of the wider community that detested, both their practices and their existence, but also with public officials who used entrapment to criminalise them. This was happening whilst the professionals were divided about the origins of homosexual “anomaly” and how to deal with it, the practice of entrapment added new convictions and supplied more humiliation to those arrested. For the record, the criminological community was split along theoretical lines on this; the classicists such as Bentham argued for the decriminalisation of sodomy whilst the positivists namely Lombroso considered homosexuals to be in the class of moral criminals (one of the worst because they are undeterred) .
The issue however is neither theoretical, nor conceptual; for those who were aware of their sexuality it was real and pressing. During the post WWII civil rights movement, people started taking note of individual differences and how these should be protected by privacy laws allowing those who do not meet the prescribed “normal” lifestyles to be allowed to live. It emerged that people who were successful in their professional lives, like Alan Turing, John Forbes Nash Jr, John Gielgud etc etc, found themselves facing criminal procedures, following string operations from the police. This injustice became more and more evident raising the profile of the change in the law but also in the social attitudes.
In 2001 Lord Nicholls of Birkenhead addressed the issue of entrapment head on. In his judgement in Regina v Looseley:
“It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.”
This was the most damming condemnation of the practice of entrapment and a vindication for all those who faced prosecution as the unintended consequence of the practise. For the record, in 2017 under the Policing and Crime Act, included the “Alan Turing law” that pardoned men who were cautioned or convicted for historical homosexual acts. The amnesty received mixed reviews and some of those who could apply for denied doing so because that would require admission of wrongdoing. The struggle continues…
Regina v Looseley, 2001 https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/loose-1.htm
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Visa by Impression, Atavism or Exploitation?
My paper, ‘beyond institutional autonomy: a quadrumvirate interaction theory of civil-military relations’ was accepted for presentation at the 2019 Biennial International Conference of the Inter-University Seminar on Armed Forces and Society scheduled for November 8-10, 2019 at the Hyatt Regency, Reston, Virginia. However, I am unable to attend the conference because I was denied visa at the US Embassy in Abuja, Nigeria. In this entry, I wish to highlight and add my voice to the concerns academics and non-academics, especially those from the ‘Global South’ face in securing visas to enable them attend conferences in the supposed ‘developed world.’ Hence, this entry is a personal reflection on the US visa regime in Nigeria, and its nexus with criminology.
Individual visas are often issued based on the merit of an application and the adequacy of the supporting documents submitted by applicants who are also required to pay certain fees and charges for the application. The issuing authorities would normally consider the criminal background record of an applicant, their previous travel history and the adequacy of funds to cover for the cost of the trip. In some cases, as typical with the US visa regime in Nigeria, applicants are required to present themselves before a consular officer for a visa interview and the decision to issue a visa is at the discretion of the consular officer.
Given this, one would expect that the consular officer would in the least, view/review the supporting documents of an applicant, in addition to asking some pertinent questions. The rationale being that the US visa web-application platform does not provide a link/option for submitting the supporting system prior to the interview. However, this was not the case when I was denied a visa. In fact, the interview barely lasted two minutes, and the following was the ‘interview’ conversation I had with the male consular officer:
Why do you want to go to Reston Virginia? To attend a conference.
What do you intend to do in the conference? I will be presenting a paper, a theory from my PhD research.
Who would pay for the conference and travel fee? The conference organisers and (he interjects with the next question, but I told him I still have another source of income, but he replied saying I had told him enough and that I should answer the next question).
What is your highest academic qualification? A PhD from the University of Stellenbosch, South Africa, I just concluded last December.
What do you do for a living? I just concluded a Postdoctoral Fellowship with the University of Stellenbosch and I have just accepted an appointment with the University of Jos as a Lecturer.
Do you have a family? Yes, a wife and a child, and we are expecting another.
For how long have you been married? 3 years
How old is your child? 1 year and 8 months
What does your wife do for a living? She is a housewife, she looks after the family
Are you travelling alone? Yeah (At this point, he faced his computer keyboard, typed some few words, then turned to me and told me, unfortunately we cannot issue you the visa while handing over a pre-printed form containing the reasons for visa denials).
From this ‘interview’ conversation, two things stood out for me. One is the fact that the consular officer made his decisions without viewing or considering any of my supporting documents and the second was the question, what did I do, say, or answer wrongly?
In terms of the latter, I found nothing wrong with my responses, but I found a huge systemic fault with regards to the former. The internet is rife with complaints from individuals, organisations and recently countries accusing the US of implementing a harsh visa regime which deliberately frustrates and traumatises visa applicants. My web application process in Nigeria is nothing short of this, in fact, I thought it was easier to make heaven than to obtain the US visa from Nigeria.
Having carefully thought about the visa regime in the light of my ‘interview,’ I concluded that the US visa regime is anachronistically atavistic, an exploitative business strategy, or both. My opinion is simply that I was denied visa not because of my responses to the questions but because the consular officer found a questionable impression through observing my face as he had not viewed or considered my supporting documents. For this, I appreciate Cesare Lombroso and one needs not be a Criminologist before knowing that facial impression and appearance are never better yardstick than considering the merits of the supporting documents.
A fair and equitable visa system will consider the merit of an application, the travel history of an applicant (which I have a reasonable one), whether the supporting documents are convincing, the criminal record background, purpose of travel, sufficiency of funds, and the existence of a strong tie with one’s origin. However, this was not the case, and this led me to the business exploitation opinion.
Customarily, when one pays for a service, the norm is to provide quality and effective service worth the value of the money paid or promised, anything short of this is clear exploitation – unfortunately, this is how the US visa regime operates in Nigeria. On the day of my interview, there were at least seventy (70) persons queuing up for theirs early in the morning, but it is not my intention to analyse how much income the US derives from this.
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Come Together
For much of the year, the campus is busy. Full of people, movement and voice. But now, it is quiet… the term is over, the marking almost complete and students and staff are taking much needed breaks. After next week’s graduations, it will be even quieter. For those still working and/or studying, the campus is a very different place.
This time of year is traditionally a time of reflection. Weighing up what went well, what could have gone better and what was a disaster. This year is no different, although the move to a new campus understandably features heavily. Some of the reflection is personal, some professional, some academic and in many ways, it is difficult to differentiate between the three. After all, each aspect is an intrinsic part of my identity.
Over the year I have met lots of new people, both inside and outside the university. I have spent many hours in classrooms discussing all sorts of different criminological ideas, social problems and potential solutions, trying always to keep an open mind, to encourage academic discourse and avoid closing down conversation. I have spent hour upon hour reading student submissions, thinking how best to write feedback in a way that makes sense to the reader, that is critical, constructive and encouraging, but couched in such a way that the recipient is not left crushed. I listened to individuals talking about their personal and academic worries, concerns and challenges. In addition, I have spent days dealing with suspected academic misconduct and disciplinary hearings.
In all of these different activities I constantly attempt to allow space for everyone’s view to be heard, always with a focus on the individual, their dignity, human rights and social justice. After more than a decade in academia (and even more decades on earth!) it is clear to me that as humans we don’t make life easy for ourselves or others. The intense individual and societal challenges many of us face on an ongoing basis are too often brushed aside as unimportant or irrelevant. In this way, profound issues such as mental and/or physical ill health, social deprivation, racism, misogyny, disablism, homophobia, ageism and many others, are simply swept aside, as inconsequential, to the matters at hand.
Despite long standing attempts by politicians, the media and other commentators to present these serious and damaging challenges as individual failings, it is evident that structural and institutional forces are at play. When social problems are continually presented as poor management and failure on the part of individuals, blame soon follows and people turn on each other. Here’s some examples:
Q. “You can’t get a job?”
A “You must be lazy?”
Q. “You’ve got a job but can’t afford to feed your family?
A. “You must be a poor parent who wastes money”
Q. “You’ve been excluded from school?”
A. “You need to learn how to behave?”
Q. “You can’t find a job or housing since you came out of prison?”
A. “You should have thought of that before you did the crime”
Each of these questions and answers sees individuals as the problem. There is no acknowledgement that in twenty-first century Britain, there is clear evidence that even those with jobs may struggle to pay their rent and feed their families. That those who are looking for work may struggle with the forces of racism, sexism, disablism and so on. That the reasons for criminality are complex and multi-faceted, but it is much easier to parrot the line “you’ve done the crime, now do the time” than try and resolve them.
This entry has been rather rambling, but my concluding thought is, if we want to make better society for all, then we have to work together on these immense social problems. Rather than focus on blame, time to focus on collective solutions.
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Thinking “outside the box”
Having recently done a session on criminal records with @paulaabowles to a group of voluntary, 3rd sector and other practitioners I started thinking of the wider implications of taking knowledge out of the traditional classroom and introducing it to an audience, that is not necessarily academic. When we prepare for class the usual concern is the levelness of the material used and the way we pitch the information. In anything we do as part of consultancy or outside of the standard educational framework we have a different challenge. That of presenting information that corresponds to expertise in a language and tone that is neither exclusive nor condescending to the participants.
In the designing stages we considered the information we had to include, and the session started by introducing criminology. Audience participation was encouraged, and group discussion became a tool to promote the flow of information. Once that process started and people became more able to exchange information then we started moving from information to knowledge exchange. This is a more profound interaction that allows the audience to engage with information that they may not be familiar with and it is designed to achieve one of the prime quests of any social science, to challenge established views.
The process itself indicates the level of skill involved in academic reasoning and the complexity associated with presenting people with new knowledge in an understandable form. It is that apparent simplicity that allows participants to scaffold their understanding, taking different elements from the same content. It is easy to say to any audience for example that “every person has an opinion on crime” however to be able to accept this statement indicates a level of proficiency on receiving views of the other and then accommodating it to your own understanding. This is the basis of the philosophy of knowledge, and it happens to all engaged in academia whatever level, albeit consciously or unconsciously.
As per usual the session overran, testament that people do have opinions on crime and how society should respond to them. The intriguing part of this session was the ability of participants to negotiate different roles and identities, whilst offering an explanation or interpretation of a situation. When this was pointed out they were surprised by the level of knowledge they possessed and its complexity. The role of the academic is not simply to advance knowledge, which is clearly expected, but also to take subjects and contextualise them. In recent weeks, colleagues from our University, were able to discuss issues relating to health, psychology, work, human rights and consumer rights to national and local media, informing the public on the issues concerned.
This is what got me thinking about our role in society more generally. We are not merely providing education for adults who wish to acquire knowledge and become part of the professional classes, but we are also engaging in a continuous dialogue with our local community, sharing knowledge beyond the classroom and expanding education beyond the campus. These are reasons which make a University, as an institution, an invaluable link to society that governments need to nurture and support. The success of the University is not in the students within but also on the reach it has to the people around.
At the end of the session we talked about a number of campaigns to help ex-offenders to get forward with work and education by “banning the box”. This was a fitting end to a session where we all thought “outside the box”.
Thoughts from the criminology team 