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Have you been radicalised? I have
On Tuesday 12 December 2018, I was asked in court if I had been radicalised. From the witness box I proudly answered in the affirmative. This was not the first time I had made such a public admission, but admittedly the first time in a courtroom. Sounds dramatic, but the setting was the Sessions House in Northampton and the context was a Crime and Punishment lecture. Nevertheless, such is the media and political furore around the terms radicalisation and radicalism, that to make such a statement, seems an inherently radical gesture.
So why when radicalism has such a bad press, would anyone admit to being radicalised? The answer lies in your interpretation, whether positive or negative, of what radicalisation means. The Oxford Dictionary (2018) defines radicalisation as ‘[t]he action or process of causing someone to adopt radical positions on political or social issues’. For me, such a definition is inherently positive, how else can we begin to tackle longstanding social issues, than with new and radical ways of thinking? What better place to enable radicalisation than the University? An environment where ideas can be discussed freely and openly, where there is no requirement to have “an elephant in the room”, where everything and anything can be brought to the table.
My understanding of radicalisation encompasses individuals as diverse as Edith Abbott, Margaret Atwood, Howard S. Becker, Fenner Brockway, Nils Christie, Angela Davis, Simone de Beauvoir, Paul Gilroy, Mona Hatoum, Stephen Hobhouse, Martin Luther King Jr, John Lennon, Primo Levi, Hermann Mannheim, George Orwell, Sylvia Pankhurst, Rosa Parks, Pablo Picasso, Bertrand Russell, Rebecca Solnit, Thomas Szasz, Oscar Wilde, Virginia Woolf, Benjamin Zephaniah, to name but a few. These individuals have touched my imagination because they have all challenged the status quo either through their writing, their art or their activism, thus paving the way for new ways of thinking, new ways of doing. But as I’ve argued before, in relation to civil rights leaders, these individuals are important, not because of who they are but the ideas they promulgated, the actions they took to bring to the world’s attention, injustice and inequality. Each in their own unique way has drawn attention to situations, places and people, which the vast majority have taken for granted as “normal”. But sharing their thoughts, we are all offered an opportunity to take advantage of their radical message and take it forward into our own everyday lived experience.
Without radical thought there can be no change. We just carry on, business as usual, wringing our hands whilst staring desperate social problems in the face. That’s not to suggest that all radical thoughts and actions are inherently good, instead the same rigorous critique needs to be deployed, as with every other idea. However rather than viewing radicalisation as fundamentally threatening and dangerous, each of us needs to take the time to read, listen and think about new ideas. Furthermore, we need to talk about these radical ideas with others, opening them up to scrutiny and enabling even more ideas to develop. If we want the world to change and become a fairer, more equal environment for all, we have to do things differently. If we cannot face thinking differently, we will always struggle to change the world.
For me, the philosopher Bertrand Russell sums it up best
Thought is subversive and revolutionary, destructive and terrible; thought is merciless to privilege, established institutions, and comfortable habits; thought is anarchic and lawless, indifferent to authority, careless of the well-tried wisdom of the ages. Thought looks into the pit of hell and is not afraid. It sees man, a feeble speck, surrounded by unfathomable depths of silence; yet it bears itself proudly, as unmoved as if it were lord of the universe. Thought is great and swift and free, the light of the world, and the chief glory of man (Russell, 1916, 2010: 106).
Reference List:
Russell, Bertrand, (1916a/2010), Why Men Fight, (Abingdon: Routledge)
Majority Verdicts and Reasonable Doubt
Recently I attended an Inside Justice Live Crime event hosted by Anglia Law School at Anglia Ruskin University. The last speaker for the evening was Kevin Lane who is trying to have his wrongful conviction overturned, during his discussion he mentioned that he was found guilty of murder by a 10-2 majority verdict. It came as quite a shock to me to hear that majority verdicts are used for murder charges in England.
In 1994 Robert Magill was shot dead by a hitman while walking his dog in Hertfordshire, two men fled the scene in a BMW car. In 1995 Lane and a co-accused were charged with the murder of Magill. The prosecution alleged that Lane had received payment for this murder and submitted that fingerprints were found in bin liners in the car. Police were unable to link Lane to the scene of the crime, were unable to prove he had received payment, and he has always maintained his innocence.
There were a number of limitations and concerns in this case – the murder weapon was never recovered, two prime suspects who were brought to the police’s attention soon after the murder were not properly investigated and were later found to have an inappropriate relationship with the investigating police officer, and there were on going disclosure problems. Further, in 2002 the investigating officer was sent to prison for four years of conspiracy to steal £160,000 from the Hertfordshire Police and misconduct in a public office. (This is a very brief summary of a complicated case).
A majority verdict is used when the jury cannot reach a unanimous verdict and where the jury consists of usually 12 jurors and at least 10 or 11 agree (depending on the jurisdiction) – under certain conditions the judge is able to accept the jury’s verdict. The provision of a majority verdict is generally used when a prescribed period of time has elapsed, and the judge is satisfied that the jury are unlikely to reach a unanimous verdict after further deliberation. Majority verdicts have been used in England since 1974 and were originally introduced to prevent the intimidation or bribing of jurors.
While I am aware of majority verdicts, as they are used in Queensland, Australia (where I completed my legal education). Majority verdicts cannot be used for murder trials, for an offence which has mandatory life imprisonment as a penalty, and Commonwealth offences. The overall concern with majority verdicts is that if the jury is unable to reach a unanimous decision then they cannot be said to have reached a decision ‘beyond a reasonable doubt’ which is the standard of proof for criminal matters, and as a consequence have demonstrated reasonable doubt.
Unanimous jury verdicts have been part of the common law since the 14thcentury. Prior to 1866, if a jury could not reach an agreement they could be ‘carried around in a wagon with the court without meat or drink, fire or candle until they were starved or frozen into agreement.’ We have obviously come a long way since the days of locking jurors up and separating them from their family and friends until they reached a decision.
Using unanimous verdicts is argued to reduce the risk of convicting an innocent person, that unanimity is a fundamental feature of a jury trial, it leads to better deliberation, and that disagreement in a jury is not unreasonable. When considering the issue from the perspective of the accused, majority verdicts place them at a great disadvantage when one considers that the prosecution has much more resources. There are already a number of contributors to wrongful convictions which the accused needs to contest with, and the fact that appeals are very difficult.
It can be argued there are benefits for majority verdicts – they reduce the instance of a hung jury (where the accused is neither acquitted or convicted) and the potential for a retrial (and the economic cost associated for a criminal justice system which is already overloaded). Majority verdicts are said to overcome problems with ‘rogue’ jurors, bribery and intimidation. The use of majority verdicts allows there to be finality in the case for the victim/s, the accused, the family and friend of the victim/s and accused, and the community.
Personally, I believe that in the interest of justice majority verdicts should not be used in serious criminal cases – such as murder and offences which carry mandatory life imprisonment penalty. These cases are much too serious and if reasonable doubt is present then this should be recognised. In Kevin Lane’s case he would not have been convicted, served 18 years in prison, and still be trying to overturn his conviction.
Further reading
Cowdery, N. (2007). Majority jury verdicts. Reform Issue. 90, 18-19.
Garrett, B.L. & Neufeld, P.J. (2009). Invalid forensic science testimony and wrongful convictions. Virginia Law Review. 95(1), 1-97.
Gray, A. (2009). A guarantee right to trial by jury at state level? Australian Journal of Human Rights. 15(1), 97-125.
Roberts, S. & Weathered, L. (2009). Assisting the factually innocent: The contradictions and compatibility of Innocence Projects and the Criminal Cases Review Commission. Oxford Journal of Legal Studies. 29(1), 43-70.
Sankoff, P. (2006). Majority jury verdicts and the Charter of Rights and Freedoms. UBC Law Review. 39(2), 333-369.
Questions, questions, questions…..
Over the last two weeks we have welcomed new and returning students to our brand-new campus. From the outside, this period of time appears frenetic, chaotic, and incredibly noisy. During this period, I feel as if I am constantly talking; explaining, indicating, signposting, answering questions and offering solutions. All of this is necessary, after all we’re all in a new place, the only difference is that some of us moved in before others. This part of my role has, on the surface, little to do with Criminology. However, once the housekeeping is out of the way we can move to more interesting criminological discussion.
For me, this focuses on the posing of questions and working out ways in which answers can be sought. It’s a common maxim, that within academia, there is no such thing as a silly question and Criminology is no exception (although students are often very sceptical). When you are studying people, everything becomes complicated and complex and of course posing questions does not necessarily guarantee a straightforward answer. As many students/graduates over the years will attest, criminological questions are often followed by yet more criminological questions… At first, this is incredibly frustrating but once you get into the swing of things, it becomes incredibly empowering, allowing individual mental agility to navigate questions in their own unique way. Of course, criminologists, as with all other social scientists, are dependent upon the quality of the evidence they provide in support of their arguments. However, criminology’s inherent interdisciplinarity enables us to choose from a far wider range of materials than many of our colleagues.
So back to the questions…which can appear from anywhere and everywhere. Just to demonstrate there are no silly questions, here are some of those floating around my head currently:
- This week I watched a little video on Facebook, one of those cases of mindlessly scrolling, whilst waiting for something else to begin. It was all about a Dutch innovation, the Tovertafel (Magic Table) and I wondered why in the UK, discussions focus on struggling to feed and keep our elders warm, yet other countries are interested in improving quality of life for all?
- Why, when with every fibre of my being, I abhor violence, I am attracted to boxing?
3. Why in a supposedly wealthy country do we still have poverty?
4. Why do we think boys and girls need different toys?
5. Why does 50% of the world’s population have to spend more on day-to-day living simply because they menstruate?
6. Why as a society are we happy to have big houses with lots of empty rooms but struggle to house the homeless?
7. Why do female ballroom dancers wear so little and who decided that women would dance better in extremely high-heeled shoes?
This is just a sample and not in any particular order. On the surface, they are chaotic and disjointed, however, what they all demonstrate is my mind’s attempt to grapple with extremely serious issues such as inequality, social deprivation, violence, discrimination, vulnerability, to name just a few.
So, to answer the question posed last week by @manosdaskalou, ‘What are Universities for?’, I would proffer my seven questions. On their own, they do not provide an answer to his question, but together they suggest avenues to explore within a safe and supportive space where free, open and academic dialogue can take place. That description suggests, for me at least, exactly what a university should be for!
And if anyone has answers for my questions, please get in touch….