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“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment! Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”
Everyone has the right to life, liberty and security of person (1).
Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.
However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?
The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).
Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).
According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6).
This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.
However, what is it actually like being on death row?
June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.
He has shared some of his thoughts of what it is like to be on death row:
“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.
Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.
Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever!
(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/ Accessed on 21/01/2020
(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons Accessed on 24/03/2020
(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/ Accessed on 24/03/2020
(4) Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim
(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’ Available online at: https://www.snopes.com/fact-check/george-stinney-execution-exoneration/ Accessed on 24/03/2020
Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp
Human Writes: https://www.humanwrites.org
Learning and teaching is a complex business, difficult to describe even by those in the process of either/or both. Pedagogy, as defined by Lexico is ‘[t]he method and practice of teaching, especially as an academic subject or theoretical concept’. It underpins all teaching activity and despite the seemingly straightforward definition, is a complex business. At university, there are a variety of pedagogies both across and within disciplines. How to teach, is as much of a hot topic, as what to teach and the methods and practices are varied.
So how would you feel if I said I wanted Criminology students to quake in their boots at the prospect of missing classes? Or “literally feel terror” at the thought of failing to do their reading or not submitting an assessment? Would you see this as a positive attempt to motivate an eager learner? A reaction to getting the best out of lazy or recalcitrant students? A way of instilling discipline, keeping them on the straight and narrow on the road to achieving success? After all, if the grades are good then everything must be okay? Furthermore, given many Criminology graduate go on to careers within Foucault’s ‘disciplinary society’ maybe it would be useful to give them a taste of what’s to come for the people they deal with (1977: 209).
Hopefully, you are aghast that I would even consider such an approach (I promise, I’m definitely not) and you’ve already thought of strong, considered arguments as to why this would be a very bad idea Yet, last week the new Home Secretary, Pritti Patel stated that she wanted people to “literally feel terror” at the prospect of becoming involved in crime. Although presented as a novel policy, many will recognise this approach as firmly rooted in ideas from the Classical School of Criminology. Based on the concepts of certainty, celerity and severity, these ideas sought to move away from barbaric notions and practices to a more sophisticated understanding of crime and punishment.
Deterrence (at the heart of Classical School thought) can be general or specific; focused on society or individuals. Patel appears to be directing her focus on the latter, suggesting that feelings of “terror” will deter individuals from committing crime. Certainly, one of the classical school’s primary texts, On Crime and Punishment addresses this issue:
‘What is the political intention of punishments? To terrify, and to be an example to others. Is this intention answered, by thus privately torturing the guilty and the innocent?’(Beccaria, 1778: 64)
So, let’s think through this idea of terrorising people away from crime, could it work? As I’ve argued before if your crime is a matter of conscience it is highly unlikely to work (think Conscientious Objectors, Suffragettes, some terrorists). If it is a crime of necessity, stealing to feed yourself or your family, it is also unlikely to succeed, certainly the choice between starvation and crime is terrifying already. What about children testing boundaries with peers, can they really think through all the consequences of actions, research suggests that may not be case (Rutherford, 1986/2002). Other scenarios could include those under the influence of alcohol/drugs and mental health illnesses, both of which may have an impact on individual ability to think through problems and solutions. All in all, it seems not everyone can be deterred and furthermore, not all crimes are deterrable (Jacobs, 2010). So much for the Home Secretary’s grand solution to crime.
As Drillminister demonstrates to powerful effect, violent language is contextual (see @sineqd‘s discussion here). Whilst threats to kill are perceived as violence when uttered by young, black men in hoods, in the mouths of politicians they apparently lose their viciousness. What should we then make of Pritti Patel’s threats to make citizens “literally feel terror”?
Beccaria, Cesare, (1778), An Essay on Crimes and Punishments, (Edinburgh: Alexander Donaldson), [online]. Available from: https://archive.org/details/essayoncrimespu00Becc/page/n3
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Jacobs, Bruce A., (2010), ‘Deterrence and Deterrability’, Criminology, 48, 2: 417-441
Rutherford, Andrew, (1986/2002), Growing Out of Crime: The New Era, (Winchester: Waterside Press)
For those of you who follow The Criminology Team on Facebook you might have caught @manosdaskalou and I live from Eastern State Penitentiary [ESP]. In this entry, I plan to reflect on that visit in a little more depth.
We first visited ESP in 2011 when the ASC conference was held in Washington, DC. That visit has never left me for a number of reasons, not least the lengths societies are prepared to go in order to tackle crime. ESP is very much a product of its time and demonstrates extraordinarily radical thinking about crime and punishment. For those who have studied the plans for Jeremy Bentham’s panopticon there is much which is familiar, not least the radial design (see illustration below).
This is an institution designed to resolve a particular social problem; crime and indeed deter others from engaging in similar behaviour through humane and philosophically driven measures. The Philadelphia Society for Alleviating the Miseries of Public Prisons* was philanthropic and guided by religious principles. This is reflected in the term penitentiary; a place for sinners to repent and In turn become truly penitent.
This philosophy was distinct and radical with a focus on reformation of character rather than brutal physical punishment. Of course, scholars such as Ignatieff and Foucault have drawn attention to the inhumanity of such a regime, whether deliberate or unintentional, but that should not detract from its groundbreaking history. What is important, as criminologists, is to recognise ESP’s place in the history of penology. That history is one of coercion, pleading, physical and mental brutality and still permeates all aspects of incarceration in the twenty-first century. ESP have tried extremely hard to demonstrate this continuum of punishment, acknowledging its place among many other institutions both home and abroad.
For me the question remains; can we make an individual change their behaviour through the pains of incarceration? I have argued previously in this blog in relation to Conscientious Objectors, that all the evidence suggests we cannot. ESP, as daunting as it may have been in its heyday, would also seem to offer the same answer. Until society recognises the harm and futility of incarceration it is unlikely that penal reform, let alone abolition, will gain traction.
*For those studying CRI1007 it is worth noting the role of Benjamin Rush in this organisation.
Following the apparent growth in acid attacks the suggestion from Amber Rudd on a potential means of tackling the problem has all the markings of another knee-jerk policy that lacks careful planning and application. The proposal is to restrict the sales of corrosive substances and introduce new, specific legislation for possession and use of such substances against another person. The justification for these suggestions is based on the doubling of attacks between 2012 and 2016-17. Furthermore a 6 month review by National Police Chiefs Council (NPCC) report 400 acid or corrosive substance attacks between October 2016 and April 2017. The impact of such attacks is long lasting and without question, a horrific life changing experience, however is this reaction the right one for all concerned?
The plan to ban the sale of corrosive substances to under 18s in itself may be a sensible idea, if there is careful consultation on what substances are to be included in this blanket approach. A similar approach already exists with the sale of knives, tobacco and alcohol yet the extent to which these policies are a success is a moot point. Policing such an approach will also be considerably challenging because there is currently no clear outline of what the government intends to class as a corrosive substance. If the suggestions that bleach will be on the list then this may prove very difficult, if not impossible to police. Many of the corrosive substances being used today are household names readily available in most local shops and supermarkets, not to mention the internet. When purchasing items subject to restriction on the internet, the only check of age is you clicking a button to confirm it and maybe adding a date of birth, neither of which are particularly secure.
Taking this a step further the other suggestion is the creation of a new offence; possession of a corrosive substance in a public place. Such legislation is modelled on legislation already used to tackle knife offences and offensive weapons whereby a prison sentence of upto 4 years can be issues for possession, with intent to carry out an attack. However, why is such an approach necessary when perpetrators of acid attacks can already receive a life sentence under existing legislation. Is it because of the tremendous success of the approach taken to knife crime? Unlikely, if you consider the resistance by the judiciary to use such an approach which would inevitably lead to much higher prison numbers than we already have. In short, the ‘do it again…threat’ is highly unlikely to act as a deterrence when deterrence as a reason for punishment has long been questionable.
Is this another knee-jerk reaction to media hype? Evidence of another poorly considered policy response driven by political self-interest and the desire to be ‘seen to be doing something’. Many of these attacks have been linked to societies folk devils; youth or personal vendetta’s therefore rather than creating new policy, why not focus on existing measures using them to their full force and improving the services offered to the victims of these heinous crimes. Under existing legislations those convicted of an acid attack can receive a life sentences so why new legislation. Survivors also get a life sentence so surely the more appropriate response is to focus on victim’s needs (physical and psychological) rather than the creation of unnecessary legislation