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Congratulations, but no Celebrations

A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse. I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right. It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms. A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’. And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country. But Sir Cliff was never charged nor even arrested, he is innocent.
The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered. He too is innocent and yet is listed amongst many others on a website called the Creep Sheet. The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence. The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.
The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court. Their concern is the freedom of the press and the rights of the public, citing public interest. Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases. Allegations therefore need to be publicised to encourage victims to come forward. This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002). But what of the accused, are they to be thrown to the wolves?
Balancing individual freedoms and the rights of others including the press is an almost impossible task. The focus within the criminal justice system has shifted and some would say not far enough in favour of victims. What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’. It is easy to make allegations, not easy to prove them and even more difficult to disprove them. And so, a new maxim, ‘guilty by accusation’. The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.
Reflection: From student to professional

I graduated in July 2017 with a Criminology BA from the University of Northampton with a 2:2. In university I did two research placements at youth offending services and from there realised that this is what I wanted a career in.
I applied for a job in the Youth Offending Service with little belief that I could get the job. However I was offered the job and started working from September. As it nears to my first year being completed I have reflected on the transition from student to professional.
The past year has been a rollercoaster and I have a steep learning curve through this. University life especially all the deadlines and time management required only scratched the surface for what awaited me in the world of work.
One thing I wasn’t fully prepared for was the difficulties faced as a young professional. particularly when you’re the youngest member of staff by around 8 years. Many people do not take you seriously when you first start and it takes a while to ‘prove yourself’ as a professional to colleagues, other agencies and to the service users. I have even been mistaken for a young person when out on reparation (like community service) so it has been hard overcoming these barriers.
A positive is working with young people and I am enjoying this immensely. My job role means I work with low level offenders and prevention work with young people and this seems to be successful for most young people to avoid the criminal justice system. However I support those on higher orders as well as assisting on Reparation; so doing things like gardening, painting and decorating, to indirectly repair the harm caused. It’s great fun!
Restorative justice, something I learnt about at university, is something that as a youth offending service we try to incorporate with every young person we work with. Restorative justice is not at the forefront of all professionals however I’ve seen the benefits it can bring to both offender, victim and those indirectly affected by this.
I think the main points I’ve learnt over this past year is even after university you are constantly learning and that education doesn’t finish once you graduate. Alongside this is to go for it… no matter whether you think you will achieve it or not, we all have to start somewhere.
Criminology: in the business of creating misery?

I’ve been thinking about Criminology a great deal this summer! Nothing new you might say, given that my career revolves around the discipline. However, my thoughts and reading have focused on the term ‘criminology’ rather than individual studies around crime, criminals, criminal justice and victims. The history of the word itself, is complex, with attempts to identify etymology and attribute ownership, contested (cf. Wilson, 2015). This challenge, however, pales into insignificance, once you wander into the debates about what Criminology is and, by default, what criminology isn’t (cf. Cohen, 1988, Bosworth and Hoyle, 2011, Carlen, 2011, Daly, 2011).
Foucault (1977) infamously described criminology as the embodiment of utilitarianism, suggesting that the discipline both enabled and perpetuated discipline and punishment. That, rather than critical and empathetic, criminology was only ever concerned with finding increasingly sophisticated ways of recording transgression and creating more efficient mechanisms for punishment and control. For a long time, I have resisted and tried to dismiss this description, from my understanding of criminology, perpetually searching for alternative and disruptive narratives, showing that the discipline can be far greater in its search for knowledge, than Foucault (1977) claimed.
However, it is becoming increasingly evident that Foucault (1977) was right; which begs the question how do we move away from this fixation with discipline and punishment? As a consequence, we could then focus on what criminology could be? From my perspective, criminology should be outspoken around what appears to be a culture of misery and suspicion. Instead of focusing on improving fraud detection for peddlers of misery (see the recent collapse of Wonga), or creating ever increasing bureaucracy to enable border control to jostle British citizens from the UK (see the recent Windrush scandal), or ways in which to excuse barbaric and violent processes against passive resistance (see case of Assistant Professor Duff), criminology should demand and inspire something far more profound. A discipline with social justice, civil liberties and human rights at its heart, would see these injustices for what they are, the creation of misery. It would identify, the increasing disproportionality of wealth in the UK and elsewhere and would see food banks, period poverty and homelessness as clearly criminal in intent and symptomatic of an unjust society.
Unless we can move past these law and order narratives and seek a criminology that is focused on making the world a better place, Foucault’s (1977) criticism must stand.
References
Bosworth, May and Hoyle, Carolyn, (2010), ‘What is Criminology? An Introduction’ in Mary Bosworth and Carolyn Hoyle, (2011), (eds), What is Criminology?, (Oxford: Oxford University Press): 1-12
Carlen, Pat, (2011), ‘Against Evangelism in Academic Criminology: For Criminology as a Scientific Art’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 95-110
Cohen, Stanley, (1988), Against Criminology, (Oxford: Transaction Books)
Daly, Kathleen, (2011), ‘Shake It Up Baby: Practising Rock ‘n’ Roll Criminology’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 111-24
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Wilson, Jeffrey R., (2015), ‘The Word Criminology: A Philology and a Definition,’ Criminology, Criminal Justice Law, & Society, 16, 3: 61-82
Racism in the work place

Growing up in a small town and having dealt with racism from a young age; I felt as if getting a degree would prove that I deserve to sit with the top dogs and that would be the end of me experiencing racism.
But I was sadly mistaken. I have experienced racism at 3 out of the 4 jobs I have had since graduating. I never dealt with it head on. I would just apply for other jobs and pray that the next job would be different. Thinking of reporting people for the comments they said was never an option for me as they were managers or supervisors.
Until I had the 3rd person who said a racist comment and I broke down. At this point I was done with running. I reporte d it and it was dealt with. But since then I have been dealing with covert racism. Being the only black person in a department of over 100 people has not been easy. I have not always received the same opportunities as my colleagues. But I never gave up. I might have my melt down for a few hours or days. But I knew I had to work twice as hard as a white person to even get recognition. I have a degree that relates to my occupation and have paid over a £1,000 for courses just to be recognised. Yet, my colleagues never had to pay for those courses.
The truth of the matter is, it has taken centuries for prejudicial thoughts to be embedded in people’s heads. And it will take the same amount of time to get rid of it. That does not excuse it or make it right. All, you can do is work hard and never give up. You should not have to accept being mistreated. Stand up for yourself, no matter what. Do not suffer in silence!
Upskirting: A new criminal offence but will the legislation do the job?

Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.
Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill[1] would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.
[1] See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].





