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Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
The Good Doctor has me thinking…
Recently I have begun watching ABC’s The Good Doctor, which is a medical drama based in the fictional, yet prestigious, San Jose St Bonaventure Hospital and follows the professional and personal journeys of a number of characters. The show is based on a South Korean tv medical drama called Good Doctor and is produced by Daniel Dae Kim and developed by David Shore (creator of House). The main character is Dr Shaun Murphy who has Autism. He is a surgical resident in the early seasons and the show focuses on how Dr Murphy navigates his professional and personal life, as well as how the hospital and other doctors, surgeons, nurses and patients navigate Dr Murphy’s style of communication and respond to him. As a medical drama, in my humble opinion, it is highly entertaining with the usual mix of interesting medical cases and personal drama required. The characters are also relatable in a number of different areas. As a springboard for a platform to talk about equality, equity and fairness, it is accessible and thought-provoking.
A key focus of the programme is the difficulty Dr Murphy has with communication. Well, I say difficulty in communicating, but in actuality I would say he communicates differently to what is recognised as an ‘accepted’ or ‘normal’ form of communication. Dr Murphy struggles to express emotions and becomes overwhelmed when things change and are not within his controlled environment. A number of his colleagues adapt their responses and ways of interacting with him in order to support and include him, whereas others do not and argue that despite his medical brilliance, and first-rate surgical skills, he should not be treated differently to the other surgical residents, as this is deemed unfair.
Whilst watching, the claims of treating all surgical residents equally, and ensuring the hospital higher-ups are being fair; notions of John Rawls’ writing scream out at me. Students who have studied Crime and Justice should be familiar with Rawls’ veil of ignorance, liberty principles and difference principle, in particular with its reference to ‘justice’. But the difference principle weighs heavily when looking at how Dr Murphy functions within the hospital institution with its rules, procedures and power dynamics which clearly benefit and align with some people more so than others. Under the veil of ignorance, maybe an empathetic doctor or surgeon is not required, but a competent and successful one is? Maybe being empathetic is a personal circumstance rather than an objective trait? For Rawls, it is important that the opportunity to prosper is equal for all: and this might mean the way this opportunity is presented is different for different individuals. Rawls asks us to consider a parallel universe and what could be (a popular stance to take within the philosophical realm): why can’t people with autism be given the chance to save lives and perform surgeries just because they cannot communicate in a way deemed ‘the norm’ when dealing with patients.
It is possible that I am over-thinking this. And when I ask my partner about it, they raise questions about why Dr Murphy should be given different opportunities to the other residents and the harm Dr Murphy’s communication barriers could and do cause within the series. But I feel they are missing the point: it is not about different opportunities, its about different methods to ensure they all have the same opportunity to succeed as surgeons. It is not about treating everyone the same, which might on the surface appear to be fair, it is about recognising that equal treatment involves taking account for the differences. Why should Dr Murphy be measured against norms and values from an institution which is historically white, non-disabled, male, and cis-gendered? This might appear to be a lot of thought for a fictional medical drama, but to reiterate it’s an excellent programme with plenty to think about…
Rawls, J. (1971) A Theory of Justice. Oxford: Oxford University Press.
Ryan, A. (1993) Justice. Oxford: Oxford University Press.
DIE in Solidarity with Diversity-Inclusion-Equality
As an associate lecturer on a casual contract, I was glad to stand in solidarity with my friends and colleagues also striking as part of UCU Industrial Action. Concurrently, I was also glad to stand in solidarity with students (as a recent former undergrad and masters student … I get it), students who simply want a better education, including having a curriculum that represents them (not a privileged minority). I wrote this poem for the students and staff taking part in strike action, and it comes inspired from the lip service universities give to doing equality while undermining those that actually do it (meanwhile universities refuse to put in the investment required). This piece also comes inspired by ‘This is Not a Humanising Poem’ by Suhaiymah Manzoor-Khan, a British author-educator from Bradford in Yorkshire.
Some issues force you to protest
the way oppression knocks on your front door
and you can’t block out the noise
“protest peacefully, non-violently”
I have heard people say
show ‘the undecided’, passive respectability
be quiet, leave parts of yourself at home
show them you’re just as capable of being liked
enough for promotion into the canteen,
protest with kindness and humour
make allusions to smiling resisters in literature
they’d rather passive images of Rosa Parks all honestly
but not her politics against racism, patriarchy, and misogyny
but I wanna tell them about British histories of dissent
the good and the bad – 1919 Race Riots
the 1926 general strikes, and the not so quiet
interwar years of Caribbean resistance to military conscription
I wanna talk about how Pride was originally a protest
I wanna talk about the Grunwick Strike and Jayaben Desai
and the Yorkshire miners that came to London in solidarity
with South Asian migrant women in what was 1980s austerity
I want to rant about Thatcherism as the base
for the neoliberal university culture we work in today
I want to talk about the Poll Tax Riots of 1990
and the current whitewashing of the climate emergency
they want protesters to be frugal in activism,
don’t decolonise the curriculum
they say decolonise
they mean monetise, let’s diversify …
but not that sort of diversity
nothing too political, critical, intellectual
transform lives, inspire change?
they will make problems out of people who complain
it’s your fault, for not being able to concentrate
in workplaces that separate the work you do
from the effects of Black Lives Matter and #MeToo
they make you the problem
they make you want to leave
unwilling to acknowledge that universities
discriminate against staff and students systemically
POCs, working-class, international, disabled, LGBT
but let’s show the eligibility of staff networks
while senior leaders disproportionately hire TERFs
staff and students chequered with severe floggings
body maps of indenture and slavery
like hieroglyphics made of flesh
but good degrees, are not the only thing that hold meaning
workers rights, students’ rights to education
so this will not be a ‘people are human’ poem
we are beyond respectability now
however, you know universities will DIE on that hill
treat us well when we’re tired
productive, upset, frustrated
when we’re in back-to-back global crises
COVID-19, Black Lives Matter, femicide,
failing in class, time wasting, without the right visas,
the right accents; Black, white, homeless, in poverty,
women, trans, when we’re not A-Grade students, when we don’t
have the right last name; when we’re suicidal
when people are anxious, depressed, autistic
tick-box statistics within unprotected characteristics
all permeates through workers’ and student rights
When you see staff on strike now,
we’re protesting things related to jobs yes,
but also, the after-effects
as institutions always protect themselves
so sometimes I think about
when senior management vote on policies…
if there’s a difference between the nice ones ticking boxes
and the other ones that scatter white supremacy?
I wonder if it’s about diversity, inclusion, and equality [DIE],
how come they discriminate in the name of transforming lives
how come Black students are questioned (under caution) in disciplinaries
like this is the London Met maintaining law and order …
upholding canteen cultures of policing
Black and Brown bodies. Decolonisation is more
than the curriculum; Tuck and Yang
tell us decolonisation is not a metaphor,
so why is it used in meetings as lip service –
why aren’t staff hired in
in critical race studies, whiteness studies, decolonial studies
why is liberation politics and anti-racism not at the heart of this
why are mediocre white men failing upwards,
they tell me we have misunderstood
but promotion based on merit doesn’t exist
bell hooks called this
imperialist heteropatriarchal white supremacy
you know Free Palestine, Black Lives Matter, and the rest
we must protest how we want to protest
we must never be silenced; is this being me radical, am I radical
Cos I’m tired of being called a “millennial lefty snowflake”, when I’m just trying not to DIE?!
Ahmed, Sara (2012) On Being Included: Racism and Diversity in Institutional Life. London: Duke.
Ahmed, Sara (2021) Complaint. London: Duke.
Bhanot, Kavita (2015) Decolonise, Not Diversify. Media Diversified [online].
Double Down News (2021) This Is England: Ash Sakar’s Alternative Race Report. YouTube.
Chen, Sophia (2020) The Equity-Diversity-Inclusion Industrial Complex Gets a Makeover. Wired [online].
Puwar, Nirmal (2004) Space Invaders: Race, Gender and Bodies Out of Place. Oxford: Berg.
Read, Bridget (2021) Doing the Work at Work What are companies desperate for diversity consultants actually buying? The Cut [online].
Ventour, Tré (2021) Telling it Like it is: Decolonisation is Not Diversity. Diverse Educators [online].
Time to hear from our students
As part of their commitment to provide an inclusive space to explore a diversity of subjects, from a diverse range of standpoints, the Thoughts from the Criminology team have decided to introduce a new initiative.
From tomorrow (Sunday 21 June) all weekend posts will come from our students. We know that all of our students have plenty to say, they are smart, articulate and have both academic and experiential knowledge on which to draw. We know our readers will be as impressed as we are, by their passion and their criminological imagination.
Over to you, Criminology Students!
Someday at Christmas. #BlackenAsiaWithLove
Now that folks have returned to their normal lives, and the Christmas credit card bills have arrived, let’s reflect on the reason for the season. To get you in the mood, the writer suggests listening to Stevie Wonder’s Someday at Christmas alongside this read; lyrics included here.
Someday at Christmas men won’t be boys
Playing with bombs like kids play with toys
Today’s divisions are so profound, and illiberal tribalism runs so deep, that I believe only art can speak to them – they not hearing me when people like me speak. I’m clearly not an illiberal tribe member, and as soon as I open my mouth, my ‘proper’ American English is dismissed alongside the liberal elite media, Hollywood, etc. The tribe dismisses us, I surmise, due to our training and faith in the transformative power of critical thinking.
“If Republicans ran on their policy agenda alone,” clarifies one article from a prominent liberal magazine, “they would be at a disadvantage. So they have turned to a destructive politics of white identity, one that seeks a path to power by deliberately dividing the country along racial and sectarian lines.” This is lit-er-ally happening right now as the presidential impeachment hearings follows party-not-morality lines. Conservatives are voting along their tribe to support the so-called leader of the free world. Are they free?
Words like ‘diversity’ sound threatening to today’s illiberal thinkers. Those who tout PC-culture as going too far may as well go ahead and admit that they are anti-evolution! Those who denounce implicit racial bias have little to say about any form of racism, save for its so-called ‘reverse’. Those who would rather decry ‘feminism’ as man-hating have little to say about actual misogyny. Yet, it is the liberal candidate/leader/thinker who is held to a higher standard. Are we free?
Someday in a world where men are free
Maybe not in time for you and me
But someday at Christmastime
We are in an era of supreme conservative/illiberal tribalism. That’s the unique We are in an era of supreme conservative/illiberal tribalism. That’s the unique ties that bind America’s 45, to Britain’s BJ to Germany’s AFD, France’s infamous National Front (now in its second generation), Italy’s Lega Nord, Austria’s FPO– yes, the F is for ‘freedom’- all the way to India’s leading Islamaphobe. Let’s not forget Poland’s tiki-torch bearing PiS party that filthy-up the European Parliament joined by their brethren from Denmark to Estonia to Belgium and beyond.
Illiberal tribes are tricking masses of those inside cultures of power into voting against their own interests. This is not, as many commentators have noted, to suggest that their so-called liberal alternatives are virtuous. Of course not, but it’s clear that masses can be motivated through fear of the other, whereas organizing around widening the pool of cooperation and humane concern is simply not sexy.
Someday at Christmas there’ll be no tears
All men are equal and no men have fears
Today’s brand of conservatism is an entire illiberal ethic that clearly must be cultivated from birth. Either you get it, or you don’t. Imagine the folks they’re turning against, and tuning out in order to hold onto those values. Imagine the teacher, friend, colleague, schoolmate, neighbour of ‘foreign’ origin that a Brexiteer must wipe away from their consciousness in order to support the anti-EU migration that fueled the campaign. The ability to render folks as ‘other’ is not an instantaneous predicament. It’s well cultivated like a cash crop, say cotton, cane or tobacco! Going to the ballot box to support bigots can’t be an easy feat when we’re literally surrounded by the type of diversity we seek to eliminate.
Someday at Christmas man will not fail
Hate will be gone love will prevail
There are those who voted for Brexit under some false notion of British independence, despite clear and present evidence of British inter-dependence. Perhaps no nation has been more inter-dependent on its neighbors and former colonies than the British Isles. Yet this illiberal disease is global. Imagine the rich diversity of the Indian sub-continent, yet look squarely at the Hindu nationalism sweeping India right now (as if the Taj Mahal weren’t a global treasure that just happens to have a few mosques on board). Plus, I’m not the first to point out that the Jesus racists celebrate was Jewish and spent most of his life in what we now call the Arab world. No nativity scene without foreigners!
Maybe not in time for you and me
But someday at Christmastime
‘Someday at Christmas’ was written in 1967 for Stevie Wonder, then a 17-year-old bulwark of Motown. Wonder wasn’t yet writing all his songs, yet he was already introduced as the ‘Profit of Soul’. In 1980, he sang: “Why has there never been a holiday, yeah/Where peace is celebrated,” in a song aimed at getting Reagan to declare Rev. Dr. Martin Luther King Jr.’s birthday a national holiday. Wonder won. Happy MLK day!
Naturally, looking back we have to wonder if one could have predicted the impact Wonder would soon have on American music. He’d dominate pop music once he set out on his own, set his fingers to funk instead of pop, and began to bare his soul.
Someday at Christmas we’ll see a Man
No hungry children, no empty hand
One happy morning people will share
Our world where people care
In the summer of ‘67, Wonder’d released another record, I Was Made to Love Her, featuring plenty of his infamous harmonica solos. ‘Someday at Christmas’ was released four years before the other most infamous Christmas message song, John Lennon’s War Is Over. SMH, I get goose-bumps hearing a kids’ chorus sing melancholically “War is over/If you want it.” Much of the world was at war then, struggling to comprehend the incomprehensible devastation meted out on the tiny southeast Asian nation of Vietnam, from where I pen this piece – a virtuoso clash of titans. It’s not surprising that those two troubadours began their careers in popcorn pop, yet had to leave the genre to deliver their most potent, fiercest messages.
Motown was decisively a Popular music machine, specifically crafted to appeal to the wider/whiter masses. Motown steered clear away from ‘message’ songs, a real keel in the heal of the likes of Stevie, Marvin Gaye and eventually Michael Jackson. Each of those Motown troubadours has penned plenty of songs of freedom and ecology, and the ethical interdependence between the two. Those guys must be liberals. Ugh!
‘Quelle surprise’: it’s all in the timing.
“Inauguration of Polish EU Presidency (011)” by Bruce MacRae is licensed under CC BY-NC-SA 2.0 edited by SH
The Office of National Statistics has admitted to some frailties in its data collection around migration. What a shock it must have been to discover that the manner in which it collected the data was somewhat flawed, so much so that they have now downgraded the data to ‘experimental’.
It might seem almost laughable that an organisation that prides itself in, and espouses data accuracy and has in the past criticised police recorded figures for being inaccurate (we know they are) has itself fallen foul of inaccuracies brought about by its own ill thought out data gathering attempts. The issue though is far greater than simple school boy errors, these figures have had a major impact on government policy for years around immigration with calls for greater control of our borders and the inevitable identification of the ‘other’.
The figures seem to be erroneous from somewhere between the mid-2000s and 2016, although it is unclear how accurate they are now. New analysis shows that European Union net migration was 16% higher in 2015-16 than first thought. Whilst the ONS admits that its estimation of net migration from non-EU countries is overestimated, it is not clear exactly by how much this might be.
Such a faux pas led to the story hitting the news; ‘EU migration to UK ‘underestimated’ by ONS’ (BBC, 2019) and ‘Office for National Statistics downgrades ‘not fully reliable’ official immigration data as experts claim figures have been ‘systematically under-estimating net migration from EU countries’ (Daily Mail, 2019).
So, there we are the ONS gets statistics wrong as well and the adjusted figures simply support what Brexiteers have been telling everyone all along. But why release the figures now? When were these errors identified? Surely if they have been inaccurate until 2016 then the mistake must have been found some short time after that. So why wait until the eleventh hour when ‘Brexit means Brexit’ is about to come to a calamitous conclusion? And why those headlines? Why not the headline ‘Big mistake: net migration from outside the EU vastly overestimated’?
I’m not one to subscribe to conspiracy theories but at times it is difficult to overlook the blindingly obvious. So called independent bodies may not be that independent, the puppet master pulls the strings and the puppets dance. Little value in headlining facts that do not support the right-wing rhetoric but great political value to be had in muddying the waters about the EU and open borders.
This discourse ignores the value of migration and simply plays on the fears of the populace, these are well rehearsed and now age-old arguments that I and many others have made*. The concern though is when ‘independent institutions’ subtly start to join in the furore and the moral compass starts to become distorted, subjugated to political ideals. I can’t help but wonder, what would Durkheim make of it?
* It is well worth watching Hollie McNish’s Mathematics on YouTube.