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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 Euthanasia of the Youth in Asia: Milky White Skin #BlackenAsiawithLove
Shahrukh Khan (SRK) is arguably the Indian film industry’s biggest global star and commercial brand ambassador. In one early advertisement, he strikes a match from a dark-skinned kid’s face to show just how abhorrent it is as a trait. In another ad, ostensibly more humorous, SRK disses a group of traditional Northern Indian wrestlers for wearing skirts and make-up. The star chides them for using the feminine product instead of (converting to) the newly available male version (i.e. re-packaged in gray rather than pink). The product? The skin bleach Fair and Handsome. In both ads, the transformed, ‘fairer’ skinned consumer is pummeled with young girls virtually appearing from nowhere.
This follows the typical consumerist trope: The product makes users more popular and sexually appealing. Yet, things got worse. Clean and Dry’s ‘intimate’ bleaching shower gel for women (C&D). Yes, you read right: A bleaching shower gel aimed at lightening brown women’s crotches. There’s no male equivalent, save for a well-circulated spoof called Gore Gote: India’s #1 Testicular Fairness Cream (Mukherjee). In the initial shot of the C&D advertisement, a pouty-mouthed (fair-skinned) woman is ignored by her (fair-skinned) husband in their (upper-middle-class) apartment. Naturally, it seems, she bleaches her labia with C&D. After displaying the product’s virtues, the husband literally chases the wife around the fancy flat as she playfully dangles (his) keys. Her secret to happiness: A newly bleached intimate area. Is this a proxy for a white woman’s vagina?
What’s wrong with consumerism? The marketplace will not save you. As a Black person interested in self-love, it is clear that the market is murderous. There, the fetish of blackness is made widely available, as if one could bottle stereotypical ‘coolness’ and sell it to the youth in Asia, one of the largest consumer groups in the world. Fashion shops targeting youth regularly plaster posters of Bob Marley or Hip-Hop thugs to peddle goods to youth. Yet, standing in the rotunda of this mall, one could see shops of every major western cosmetics brand, including Clinique, Mac, Estée Lauder. Here in Asia, the flagship product in each shop is skin bleach! Black is cool, but white is power. Ironically, at the time I was modeling for a campaign in Vogue and Elle Décor in India, yet none of the make-up artists carried my mocha shade (shady, right).
The skin bleach industry is by far the most virulent of all consumer products – even fast food. The bulk of this industry is meted out on the bodies of women…and girls who learn early that fate of darkness (just check out any Indian Matrimonials page). According to an August 2019 article in Vogue: “Per a recent World Health Organization report (WHO), half of the population in Korea, Malaysia, and the Philippines uses some kind of skin lightening treatment. And it’s even higher in India (60%) and African countries, such as Nigeria (77%).” After a 7 minutes instrumental intro to his 1976 hit, Yellow Fever, Fela Kuti chants: “Who steal your bleaching?/Your precious bleaching?…/Your face go yellow/Your yansh go show/Your mustache go show/Your skin go scatter/You go die o.”
It’s lethal, often a mercurous poison used to kill the soul. It is a fetishization of whiteness, that reveals the “internalization of the coloniser’s inferiorisation of dark skin as native and Other” (Thapan: 73). It’s euthanasia. Skin bleachers are painlessly killing themselves, willingly participating in their own annihilation. Not only does it quite literally murder the melanin in one’s skin, it symbolically kills one’s ‘dark and native’ self, giving birth to a new and improved modern identity. It requires constant application and reflects a consumerist’s self-regulation. Bleach is expensive, despite the industry’s ‘bottom of the pyramid’ approach to the marketing 4P’s – bleach sold in cheap tiny packages for the poor. Skin bleach is a form of mimesis, to actually embody modernity through crafting the ‘cultivated, developed and perfected’ self (Thapan: 70).
When I began teaching at UoN, I was asked to propose topics for business ethics modules, which were then optional. Hesitantly, I suggested skin bleach and hair weaves. Looking at the composition of the student body, this would be as familiar to them, as the products were locally available (see picture below taken in an ‘ethnic’ hair shop on Northampton’s high street). Several students have subsequently pursed these subjects in their dissertations. I was sad to learn that in colloquial Somali, ‘fair skin’ is a moniker for pretty, just as we western Blacks use ‘light skin and long hair’. Colourism makes dark-skinned people unsafe in our own homes.
I was pleasantly surprised at the support from the module leader, an older, straight white man. He said he knew little about the politics of black and brown skin and hair, yet listened with great interest and did his own research into the matter. What’s more, he stood by me both literally and figuratively. He was there when I was called to account for some negative student feedback such as “I’m a guy, I don’t wear make-up,” when asked to consider the differential impact of beauty standards on the psyches and earnings of women in business. He stood by me when I’d dropped the F-word (feminism) into the curriculum. This was before the Gender Pay Gap became more widely known or theBritish government required audits from large organisations. He is an ally. He stood by me in ways that may have been riskier for individuals outside the circles of normative power of gender, race and class. Talk about a way to use one’s privilege!
Kuti, F. (1976). Yellow Fever. [LP] Decca 8 Track Studios. Available at: https://genius.com/Fela-kuti-and-africa-70-yellow-fever-annotated [Accessed 13 Nov. 2019].
Mukherjee, R., Banet-Weiser, S. and Gray, H. (2019). Racism Postrace. Durham, N.C.
Thapan, M. (2009). Living the Body: Embodiment, Womanhood and Identity in Contemporary India. New Delhi: SAGE.
The tyranny of populism
So, we have a new prime minister Boris Johnson. Donald Trump has given his endorsement, hardly surprising, and yet rather than having a feeling of optimism that Boris in his inaugural speech in the House of Commons wished to engender amongst the population, his appointment fills me with dread. Judging from reactions around the country, I’m not the only one, but people voted for him just the same as people voted for Donald Trump and Volodymyr Zelensky, the recently elected Ukrainian president.
The reasons for their success lie not in a proven ability to do the job but in notions of popularity reinforced by predominantly right-wing rhetoric. Of real concern, is this rise of right wing populism across Europe and in the United States. References to ‘letter boxes’ (Johnson, 2018), degrading Muslim women or tweeting ethnic minority political opponents to ‘go back to where they came from’ (Lucas, 2019) seems to cause nothing more than a ripple amongst the general population and such rhetoric is slowly but surely becoming the lingua franca of the new face of politics. My dread is how long before we hear similar chants to ‘Alle Juden Raus!’ (1990), familiar in 1930s Nazi Germany?
It seems that such politics relies on the ability to appeal to public sentiment around nationalism and public fears around the ‘other’. The ‘other’ is the unknown in the shadows, people who we do not know but are in some way different. It is not the doctors and nurses, the care workers, those that work in the hospitality industry or that deliver my Amazon orders. These are people that are different by virtue of race or colour or creed or language or nationality and, yet we are familiar with them. It is not those, it is not the ‘decent Jew’ (Himmler, 1943), it is the people like that, it is the rest of them, it is the ‘other’ that we need to fear.
The problems with such popular rhetoric is that it does not deal with the real issues, it is not what the country needs. John Stuart Mill (1863) was very careful to point out the dangers that lie within the tyranny of the majority. The now former prime minister Theresa May made a point of stating that she was acting in the national Interest (New Statesman, 2019). But what is the national interest, how is it best served? As with my university students, it is not always about what people want but what they need. I could be very popular by giving my students what they want. The answers to the exam paper, the perfect plan for their essay, providing a verbal precis of a journal article or book chapter, constantly reminding them when assignments are due, turning a blind eye to plagiarism and collusion*. This may be what they want, but what they need is to learn to be independent, revise for an exam, plan their own essays, read their own journal articles and books, plan their own assignment hand in dates, and understand and acknowledge that cheating has consequences. What students want has not been thought through, what students need, has. What students want leads them nowhere, hopefully what students need provides them with the skills and mindset to be successful in life.
What the population wants has not been thought through, the ‘other’ never really exists and ‘empire’ has long gone. What the country needs should be well thought out and considered, but being popular seems to be more important than delivering. Being liked requires little substance, doing the job is a whole different matter.
*I am of course generalising and recognise that the more discerning students recognise what they need, albeit that sometimes they may want an easier route through their studies.
Alle Juden Raus (1990) ‘All Jews Out’, Directed by Emanuel Rund. IMDB
Himmler, H. (1943) Speech made at Posen on October 4, 1943, U.S. National Archives, [online] available at http://www.historyplace.com/worldwar2/holocaust/h-posen.htm [accessed 26 July 2019].
Johnson, B. (2018) Denmark has got it wrong. Yes, the burka is oppressive and ridiculous – but that’s still no reason to ban it, The Telegraph, 5th August 2018.
Lucas, A. (2019) Trump tells progressive congresswomen to ‘go back’ to where they came from, CNBC 14 July 2019 [online] available at https://www.cnbc.com/2019/07/14/trump-tells-progressive-congresswomen-to-go-back-to-where-they-came-from.html [accessed 26 July 2019]
Mill, J. S. (1863) On Liberty, [online] London: Tickner and Fields, Available from https://play.google.com/store/books [accessed 26 July 2019]
New Statesman (2019) Why those who say they are acting in “the national interest” often aren’t, [online] Available at https://www.newstatesman.com/politics/uk/2019/01/why-those-who-say-they-are-acting-national-interest-often-arent [accessed 26 July 2019]