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“A small case of injustice”

Gilbert Baker

Pride as a movement in the UK but also across the world signals a history of struggles for LGBTQ+ community and their recognition of their civil rights.  A long journey fraught with difficulties from decriminalisation to legalisation and the eventual acceptance of equal civil rights.  The movement is generational, and in its long history revealed the way social reactions mark our relationship to morality, prejudice, criminalisation and the recognition of individual rights.  In the midst of this struggle, which is ongoing, some people lost their lives, others fell compelled to end theirs whilst others suffer social humiliation, given one of the many colourful pejoratives the English language reserved for whose accused or suspected for being homosexuals. 

This blog will focus on one of the elements that demonstrates the relationship between the group of people identified homosexual and the law.  In sociological terms, marginalised groups, has a meaning and signals how social exclusion operates against some groups of people, in these case homosexuals but it does apply to any group.  These groups face a “sharper end” of the law, that presumably is equal to all.  This is the fallacy of the law; that there are no inherent unfairness or injustice in laws.  The contention for marginalised groups is that there are presumptions in the law on purported normality that disallows them to engage fully with the wider community in some cases forced to live a life that leads all the way to segregation. 

Take for example “entrapment”.  Originally the practice was used by law enforcement officers to identify counterfeit money, later to investigate the sales of untaxed tobacco or the use of unlicensed taxis.  The investigation in law allows for the protection of the public, non uniform officers to pose as customers in order to reveal criminalities that occur in the dark corners of society.  The focus predominantly was to protect consumers and the treasury from unpaid tax.  So, from that how did the law enforcement officers use it to arrest homosexuals?  It is interesting to note we can separate the letter of the law as opposed to the spirit of the law.  This distinction is an important one criminologically whilst for the law enforcement agencies evidently there is no such distinction.     

The most recent celebrity case led to the arrest of George Michael in Los Angeles, US; the operation led to the outing of the artist and his conviction.  As a practice across many years, entrapment played a significant part in the way numerous homosexuals found themselves arrested given a criminal record, loss of employment and in some cases ending up in prison.  It is important to note that prior to the Sexual Offences Act of 1967, the biggest sexual crime in England and Wales was that of homosexuality (recorded as indecency or buggery).  It took decades for that statistic to change, although historically remains still the highest category. 

The practice of entrapment employed by the police demonstrates the uphill struggle the LGBTQ+ community faced.  Not only they had to deal with social repulsion of the wider community that detested, both their practices and their existence, but also with public officials who used entrapment to criminalise them.  This was happening whilst the professionals were divided about the origins of homosexual “anomaly” and how to deal with it, the practice of entrapment added new convictions and supplied more humiliation to those arrested.  For the record, the criminological community was split along theoretical lines on this; the classicists such as Bentham argued for the decriminalisation of sodomy whilst the positivists namely Lombroso considered homosexuals to be in the class of moral criminals (one of the worst because they are undeterred) . 

The issue however is neither theoretical, nor conceptual; for those who were aware of their sexuality it was real and pressing.  During the post WWII civil rights movement, people started taking note of individual differences and how these should be protected by privacy laws allowing those who do not meet the prescribed “normal” lifestyles to be allowed to live.  It emerged that people who were successful in their professional lives, like Alan Turing, John Forbes Nash Jr, John Gielgud etc etc, found themselves facing criminal procedures, following string operations from the police.  This injustice became more and more evident raising the profile of the change in the law but also in the social attitudes.    

In 2001 Lord Nicholls of Birkenhead addressed the issue of entrapment head on. In his judgement in Regina v Looseley:

It is simply not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. That would be entrapment. That would be a misuse of state power, and an abuse of the process of the courts. The unattractive consequences, frightening and sinister in extreme cases, which state conduct of this nature could have are obvious. The role of the courts is to stand between the state and its citizens and make sure this does not happen.”

This was the most damming condemnation of the practice of entrapment and a vindication for all those who faced prosecution as the unintended consequence of the practise.  For the record, in 2017 under the Policing and Crime Act, included the “Alan Turing law” that pardoned men who were cautioned or convicted for historical homosexual acts.  The amnesty received mixed reviews and some of those who could apply for denied doing so because that would require admission of wrongdoing.  The struggle continues…    

Regina v Looseley, 2001 https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/loose-1.htm

100% of the emotional labour, 0% of the emotional reward: #BlackenAsiawithLove

Last night over dinner and drinks, I spoke about race in the classroom with two white, upper-middle-class gay educators. Neither seemed (able) to make any discernable effort to understand any perspective outside their own. I had to do 100% of the emotional labour, and got 0% of the emotional reward. It was very sad how they went on the attack, using both passive and active aggression, yet had the nerve to dismiss my words as ‘victimhood discourse’. This is exactly why folks write books, articles, and blogs like ‘Why I’m No Longer Talking to White People About Race’.

Worse, they both had experienced homophobia in the classroom, at the hands of both students and parents. Nonetheless, they had no ability to contribute to the emotional labour taking place as we spoke about race. Even worse, the one in charge of other educators had only 24 hours earlier performed the classic micro-aggression against me: The brown blur. He walked right past me at our initial meeting as I extended my hand introducing myself while mentioning the mutual friend who’d connected us because, as he said, he was “expecting” to see a white face. He was the one to raise that incident, yet literally threw his hands in the air, nodding his head dismissively as he refused any responsibility for the potential harm caused.

“I’m an adult,” I pled, explaining the difference between me facing those sorts of aggressions, versus the young people we all educate. This all fell on deaf ears. Even worse still, he’d only moments earlier asked me to help him understand why the only Black kid in one of his classes called himself a “real nigger.” Before that, he had asked me to comment on removing the N-word from historical texts used in the classroom, similar to the 2011 debate about erasing the N-word and “injun” from Huckleberry Finn, first published in 1884. According to the Guardian, nigger is “surely the most inflammatory word in the English language,” and “appears 219 times in Twain’s book.”

Again, he rejected my explanations as “victimhood.” He even kept boasting about his own colorblindness – a true red flag! Why ask if you cannot be bothered to listen to the answer, I thought bafflingly? Even worse, rather than simply stay silent – which would have been bad enough – the other educator literally said to him “This is why I don’t get involved in such discussions with him.” They accused me of making race an issue with my students, insisting that their own learning environments were free of racism, sexism and homophobia.

They effectively closed ranks. They asserted the privilege of NOT doing any of the emotional labour of deep listening. Neither seemed capable of demonstrating understanding for the (potential) harm done when they dismiss the experiences of others, particularly given our differing corporealities. I thought of the “Get Out” scene in the eponymously named film.

“Do you have any Black teachers on your staff,” I asked knowing the answer. OK, I might have said that sarcastically. Yet, it was clear that there were no Black adults in his life with whom he could pose such questions; he was essentially calling upon me to answer his litany of ‘race’ questions.

Armed with mindfulness, I was able to get them both to express how their own corporeality impacts their classroom work. For example, one of the educators had come out to his middle-school students when confronted by their snickers when discussing a gay character in a textbook. “You have to come out,” I said, whereas I walk in the classroom Black.” Further still, they both fell silent when I pointed out that unlike either of them, my hips swing like a pendulum when I walk into the classroom. Many LGBTQ+ people are not ‘straight-acting’ i.e. appear heteronormative, as did these two. They lacked self-awareness of their own privilege and didn’t have any tools to comprehend intersectionality; this discussion clearly placed them on the defense.

I say, 100% of the emotional labour and none of the emotional reward, yet this is actually untrue. I bear the fruits of my own mindfulness readings. I see that I suffer less in those instances than previously. I rest in the comfort that though understanding didn’t come in that moment, future dialogue is still possible. As bell hooks says on the first page in the first chapter of her groundbreaking book Killing Rage: Ending Racism: “…the vast majority of black folks who are subjected daily to forms of racial harassment have accepted this as one of the social conditions of our life in white supremacist patriarchy that we cannot change. This acceptance is a form of complicity.” I accept that it was my decision to talk to these white people about race.

I reminded myself that I had foreseen the micro-aggression that he had committed the previous day when we first met. A mutual friend had hooked us up online upon his visit to this city in which we now live. I doubted that she’d mentioned my blackness. Nonetheless, I had taken the chance of being the first to greet our guest, realizing that I am in a much safer space both in terms of my own mindfulness, as well as the privilege I had asserted in coming to live here in Hanoi; I came here precisely because I face such aggression so irregularly in Vietnam that these incidents genuinely stand out.

Works mentioned:

Eddo-Lodge, R. (2018). Why I’m No Longer Talking to White People About Race. London: Bloomsbury Publishing.

Hanh, T. (2013). The Art of Communicating. New York: HarperOne.

hooks, b. (1995). Killing rage: Ending racism. New York: Henry Holt and Company, Inc.

 

Your Name Is Not BAME

My name is Tré Ventour and I am the Students’ Union’s Vice President BME Sabbatical Officer. When I’ve asked students what BME stands for, most have been clueless – Black Minority Ethnic. The same could be said for BAME – Black Asian Minority Ethnic. I was elected to represent ethnic minority students. But I’ve been asking myself how much longer will this 47% be an ethnic minority? At Northampton, they will soon be the majority. This 14,000-student university in which nearly 7000 fit into this BME box.

Pigeon-holed. To be put into a box. I don’t like to think in boxes. I try not to think in labels but in this world, it’s naive to be colourblind. In the education sector, in this day and age, especially at Northampton, to not see race is to ignore the experiences of nearly 7,000 students – nearly 7,000 stories about potential hate crimes, and what about BAME members of staff? We must see race. We must see sex, class, and gender (all genders).

To be colourblind is to live life high on privilege – to exist without the consequences of hate crime. Some people live with racism, sexism and / or homophobia all their lives.

Many say “there’s one race, the human race.” That may be true but how comfortable must you be in your existence to come to that notion? And then push that notion on those who experience racism on a daily basis.

When I’ve spoken to students about BAME or ethnic minority, they say “Just call me by my name.” Students are flesh and bone, more than acronyms. And I do what they tell me to do (in a manner of speaking / within reason). I’m not Vice President, I’m not Mr Ventour; I am Tré and I am here to help students, to represent students (of colour) – more so Black students that look at White authority and see invader. Who I have heard compare university to apartheid South Africa – one in, one out – to a Zimbabwe under British rule – De Beers, Rhodes and racism. Fear and exclusion.

Call them minorities, call them BME, call them BAME. Yet, this acronym just seems like coded language for Black. And at Northampton, when people say BME or BAME, they mean Black students, so just say what you mean, “Black.”

And if these labels, if these pigeon-hole terms help Higher Education solve issues like attainment perhaps it’s worth it. But what I can say is that not all Black experiences are the same. To be a Black British student is not the same as to be a Black international from Africa, the EU or elsewhere.

But to be a person of colour in this country is to be immigrant, British or otherwise. To be overly polite. To be overly grateful or gracious. To be a good immigrant.

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