Home » Fairness
Category Archives: Fairness
2020 will be a memorable year for a number of reasons. The big news of course was people across the world going into lockdown and staying home in order to stop the transmission of a coronavirus Covid-19. Suddenly we started counting; people infected, people in hospitals, people dead. The social agenda changed and our priorities altered overnight. During this time, we are trying to come to terms with a new social reality, going for walks, knitting, baking, learning something, reading or simply surviving, hoping to see the end of something so unprecedented.
People are still observing physical distancing, and everything feels so different from the days we were discussing future developments and holiday plans. During the last days before lockdown we (myself and @paulaabowles) were invited to the local radio by April Dawn to talk about, what else, but criminology. In that interview we revealed that the course started 20 years ago and for that reason we shall be having a big party inviting prospective, current and old students together to mark this little milestone. Suffice to say, that did not happen but the thought of celebrating and identifying the path of the programme is very much alive. I have written before about the need to celebrate and the contributions our graduates make to the local, regional and national market. Many of whom have become incredibly successful professionals in the Criminal Justice System.
On this entry I shall stand on something different; the contribution of criminology to professional conduct, social sciences and academia. Back in the 1990s Stan Cohen, wrote the seminal Against Criminology, a vibrant collection of essays, that identified the complexity of issues that once upon a time were identified as radical. Consider an academic in the 1960s imagining a model that addresses the issue of gender equality and exclusion; in some ways things may not have changed as much as expected, but feminism has entered the ontology of social science.
Criminology as a discipline did not speak against the atrocities of the Nazi genocide, like many other disciplines; this is a shame which consecutive generations of colleagues since tried to address and explain. It was in the 1960s that criminology entered adulthood and embraced one of its more fundamental principles. As a theoretical discipline, which people outside academia, thought was about reading criminal minds or counting crime trends only. The discipline, (if it is a discipline) evolved in a way to bring a critical dimension to law and order. This was something more than the original understanding of crime and criminal behaviour and it is deemed significant, because for the first time we recognised that crime does not happen in a social vacuum. The objectives evolved, to introduce scepticism in the order of how systems work and to challenge established views.
Since then, and through a series of events nationally and internationally, criminology is forging a way of critical reflection of social realities and professional practices. We do not have to simply expect a society with less crime, but a society with more fairness and equality for all. The responsibilities of those in position of power and authority is not to use and abuse it in order to gain against public interest. Consider the current pandemic, and the mass losses of human life. If this was preventable, even in the slightest, is there negligence? If people were left unable to defend themselves is that criminal? Surely these are questions criminology asks and this is why regardless of the time and the circumstances there will always be time for criminology to raise these, and many more questions.
Imagine that every professional or semi-professional footballer in the country had the same ability and the same fitness levels. How would it be possible to distinguish between them, how would league tables be established, who would play for the top teams? Nonsense of course because we know that not every football player can have the same ability or fitness levels for that matter. And there is a myriad of reasons why this may be the case. However, there is probably little doubt that those that have been professionally coached, even at the lowest level in the professional game can run rings round most part time amateur players.
Not everyone can be at the top, in the Premier League. If we took a sample of players across the leagues and were to somehow measure ability then the likelihood would be that we would find a normal distribution, a bell curve, with most players having average ability and a few with amazing ability and a few with some but perhaps inconsistent ability. It is probably likely that we would find those with the most ability in the Premier League and those with the least in lower or non-league clubs and these are probably semi-professional or amateurs. Perhaps it would be prudent to reiterate that those with the least ability are still way ahead of those that do not play football or just dabble in it occasionally. This then is not to say that those at the lower end of the skills distribution curve are rubbish at playing football, just that they, for whatever reason, are not as skilled as those on the opposite side of the curve. And those that have average skill i.e., the greatest number of footballers, are very good but not quite as good as the most skilled. Make sense so far, I hope so?
If we apply the logic to the skill of footballers can we not apply the logic elsewhere, in particular to university students. Surely, in terms of academic ability, we would find that there were those at the one end of the curve achieving A and B grades or 1st degrees and then the majority in the middle perhaps achieving C and D grades of course tailing off to those that are achieving perhaps low D and F grades. We would probably hope to find a normal distribution curve of sorts. We could probably say that those with lower grades have far greater academic ability than anyone that hasn’t attended university. We could certainly say that the majority i.e. those getting C and higher D grades are good or very good academically when compared to someone that hasn’t attended university but not quite as good as those achieving A and B grades. The assessment grading criteria seems to confirm this, a D grade is labelled as ‘satisfactory’, a C grade ‘commended’ a B grade ‘of merit’ and an A grade ‘distinguished’. Just to reiterate, achieving a D grade suggests a student has displayed ‘satisfactory’ academic ability and met the requisite ‘learning outcomes’.
Why is it then that degrees at institutional level are measured in terms of ‘good degrees’? These are a ‘1st and 2.1. At programme level we talk of ‘good grades’, ‘A’ grades and ‘B’ grades. The antithesis of ‘good’ is ‘bad’. This logic then, this managerialist measurement, suggests that anything that is not a 1st or a 2.1 or an ‘A’ or ‘B’ grade is in fact a ‘bad’ grade. Extending the logic further and drawing on more managerial madness, targets are set that suggest 80% of students should achieve a ‘good grade’. A skewing of a distribution curve that would defeat even the best statistician and would have Einstein baffled.
Let me revisit the football analogy, using the above language and measurements, a comparison would suggest that any player outside of the Premier League is in fact a ‘bad’ player. Not only that but a target should be set where 80% of players should be in the Premier League. The other leagues then appear to be irrelevant despite the fact that they make up probably 90% of the national game and prop up the Premier League in one form or another.
With such a use of language and a desire to simplify the academic world so that it can be reduced to some form of managerial measurement, it is little wonder that perfectly capable students consider their work to be a failure when they earn anything less than an A or B grade or do not achieve a 1st or 2.1 degree.
It is not the students that are failing but higher education and academic institutions in their inability to devise more sophisticated and meaningful measurements. In the meantime, students become more and more stressed and disheartened because their significant academic achievements fail to be recognised as achievements but are instead seen at an institutional level as failures.
Stephanie is a BA Criminology graduate of 2019 and was motivated to write this blog through the experience of her own dissertation.
Last year was a very important time for me, during my second year of studying Criminology I began doing a work placement with Race Act 40, which was an oral history project to celebrate 40 years of the Race Relations Act 1974. The interviews that were conducted during my placement allowed me to get a variety of in-depth stories about racial inequalities of Afro-Caribbean migration settlers in the UK. During my time with the Race Act 40 project it became clear to me that the people who had volunteered their stories had witnessed a long line of injustices from not only individuals within society, but also institutions that makeup the ‘moral fabric’ within society. When exploring whether they have seen changes post and pre-Race Relations they insisted that although the individual within society treated them better and accepted them post-Race relations, to an extent there is a long way to go to improve the hostile relationships that has been formed with politicians and police.
The notion of hostility between politicians and the Afro-Caribbean community was reinforced, as the UK was going through the Windrush scandal which affected the core of every Afro-Caribbean household within the UK. This was extremely important for me as both paternal and maternal grandparents were first generation Windrush settlers. During the scandal my father became extremely anxious and the ramifications of the Windrush scandal hit home when some of his friends that came to the UK in 1961, the same time as he did, were detained and deported on the grounds of them being ‘illegals’. The UK Government used their ‘Hostile Environment’ policy to reintroduce Section 3 paragraph 8 of the Immigration Act 1971, which puts burden of proof on anyone that is challenged about their legal status in the UK’.
The UK government was ‘legally’ able to deport Caribbean settlers, as many of them did not have a British passport and could not prove their legal right to be in the UK and the Home Office could not help them prove their legal rights because all archival documents had been destroyed. This was a hard pill to swallow, as the United Kingdom documents and preserves all areas of history yet, overnight, the memory of my family’s journey to the UK was removed from the National Archives, without any explanation or reasoning. The anxiety that my father felt quickly spread over my whole family and while I wanted to scream and kick down doors demanding answers, I used my family’s history and the experiences of other Black people under British colonial rule as the basis for my dissertation. The hostility that they faced stepping off the Windrush echoed similar hostility they were facing in 2018, the fact that the British government had started deporting people who were invited into the country as commonwealth workers to build a country that had been torn apart as a corollary of war was a slap in the face.
Under Winston Churchill’s government, officials were employed to research Black communities to prove they were disproportionately criminal as a strategy to legally remove them from the UK and although they did not have any evidence to prove this notion the government did not apologize for the distasteful and racist treatment they demonstrated. It is hard to convince Black people in 2019 that they are not targets of poor similar treatment when they have been criminalised again and documents have been destroyed to exonerate them from criminality.
A final thought:
I have outlined the reasons why this topic has been important to me and my advice to any Criminology student who is going to be writing a dissertation is, to find a topic that is important and relevant to you, if you are passionate about a topic it will shine through in your research.
My name is Francine Bitalo, I am 21 years old and a Criminology undergraduate at the University of Northampton. Coming from a black African background I have always had a strong interest in the Criminal Justice System and its treatment towards different groups in society.
My dissertation was based on the impact of police practices such as stop and search on young black men and their families. Whilst statistics present the alarming racial disproportionately which exist in many areas in the criminal justice system, it fails to portray the long-lasting effects it has had on Black families. For example, the daily harassment and differential treatment subjected to young Black men has forced black families to reinvent themselves to conform to institutional racism. Coming from a Black family myself and having male family member, the findings in my dissertation quickly became personal to me, as I could constantly relate them to the structuring of my own family. For example, the fact that it would take my father longer to find a job due to institutional racism, making my mother the breadwinner, or when my mother is preparing my brothers for police harassment and discrimination, but not me and sisters.
While conducting my research I was quick to learn that what literature may describe as a phenomenon, for many of us is a reality. If I am honest the writing stage of my dissertation was difficult for me because it was a passionate topic. I experienced a lot of self-doubt regarding my positionality for example, being a Black woman and facing my own forms of discrimination and now having to talk about the experiences of young Black men. I think my dissertation tutor would agree with me on this as I remember emailing her after I submitted my work expressing how I felt like I didn’t effectively capture the effects and the voices of the young Black men I interviewed, despite that being my main goal. I mean who would blame me, as a student, if I am honest I felt like literature really let me down for instance, when writing my literature review I found that literature neglected the subject of racism solely from the perspectives of young Black men, despite statistics showing them to being the largest group to experience institutional racism. At this point I had to laugh at the criminal justice system and its propositions to improving police relations as well as re offending.
With that being said the information I did come across I couldn’t help but sense the notion of white privilege lingering in the perspective of some scholars. I understand this is a strong claim to make however I say this because not only did literature provide little of the work of Black scholars regarding the topic, yet it was evident that most white scholars did not see the issue with stop and search and its discriminate use. Arguments for this were discussed in my dissertation for example, some argued that the process of racial socialisation in Black households were ineffective to police relations and the functioning of their services, which creates the notion that the Black community should submit to discrimination and harassment in favour of procedures and compliance during police encounter. Some tried to justify the disproportionality in stop and search by claiming that young Black men should be harassed because they tend to be out more especially in certain urban areas or the disproportionate targeting of Black minors is due to parental criminality. I felt there was a lack of accountability from white scholar thus, little understanding in the issue of race which is natural because their experiences do not allow them to understand. Yet this led me to ask questions such as why shouldn’t Black mothers have the right to prepare their sons for police discrimination, does it matter what time and area should a person of colour be around for them to be targeted at?
After completing my dissertation and getting a First Class I felt extremely proud of myself, the fact that I did not shy away from the research topic despite it being limited in literature. As a result, it was satisfying to know that I was able to articulate the experiences of others to a First Class standard. I hope this can encourage others to trust in their abilities and put aside any doubts especially when choosing a research topic. As a student writing a dissertation or even an assignment, I believe we should explore the unexplored, open the unopened and always be willing to discover and learn. Do not be afraid of researching something that is limited or has never been done. Lastly as my dissertation was extremely passionate to me I have decided to turn it into a personal project and continue researching the topic
For much of the year, the campus is busy. Full of people, movement and voice. But now, it is quiet… the term is over, the marking almost complete and students and staff are taking much needed breaks. After next week’s graduations, it will be even quieter. For those still working and/or studying, the campus is a very different place.
This time of year is traditionally a time of reflection. Weighing up what went well, what could have gone better and what was a disaster. This year is no different, although the move to a new campus understandably features heavily. Some of the reflection is personal, some professional, some academic and in many ways, it is difficult to differentiate between the three. After all, each aspect is an intrinsic part of my identity.
Over the year I have met lots of new people, both inside and outside the university. I have spent many hours in classrooms discussing all sorts of different criminological ideas, social problems and potential solutions, trying always to keep an open mind, to encourage academic discourse and avoid closing down conversation. I have spent hour upon hour reading student submissions, thinking how best to write feedback in a way that makes sense to the reader, that is critical, constructive and encouraging, but couched in such a way that the recipient is not left crushed. I listened to individuals talking about their personal and academic worries, concerns and challenges. In addition, I have spent days dealing with suspected academic misconduct and disciplinary hearings.
In all of these different activities I constantly attempt to allow space for everyone’s view to be heard, always with a focus on the individual, their dignity, human rights and social justice. After more than a decade in academia (and even more decades on earth!) it is clear to me that as humans we don’t make life easy for ourselves or others. The intense individual and societal challenges many of us face on an ongoing basis are too often brushed aside as unimportant or irrelevant. In this way, profound issues such as mental and/or physical ill health, social deprivation, racism, misogyny, disablism, homophobia, ageism and many others, are simply swept aside, as inconsequential, to the matters at hand.
Despite long standing attempts by politicians, the media and other commentators to present these serious and damaging challenges as individual failings, it is evident that structural and institutional forces are at play. When social problems are continually presented as poor management and failure on the part of individuals, blame soon follows and people turn on each other. Here’s some examples:
Q. “You can’t get a job?”
A “You must be lazy?”
Q. “You’ve got a job but can’t afford to feed your family?
A. “You must be a poor parent who wastes money”
Q. “You’ve been excluded from school?”
A. “You need to learn how to behave?”
Q. “You can’t find a job or housing since you came out of prison?”
A. “You should have thought of that before you did the crime”
Each of these questions and answers sees individuals as the problem. There is no acknowledgement that in twenty-first century Britain, there is clear evidence that even those with jobs may struggle to pay their rent and feed their families. That those who are looking for work may struggle with the forces of racism, sexism, disablism and so on. That the reasons for criminality are complex and multi-faceted, but it is much easier to parrot the line “you’ve done the crime, now do the time” than try and resolve them.
This entry has been rather rambling, but my concluding thought is, if we want to make better society for all, then we have to work together on these immense social problems. Rather than focus on blame, time to focus on collective solutions.
Having recently done a session on criminal records with @paulaabowles to a group of voluntary, 3rd sector and other practitioners I started thinking of the wider implications of taking knowledge out of the traditional classroom and introducing it to an audience, that is not necessarily academic. When we prepare for class the usual concern is the levelness of the material used and the way we pitch the information. In anything we do as part of consultancy or outside of the standard educational framework we have a different challenge. That of presenting information that corresponds to expertise in a language and tone that is neither exclusive nor condescending to the participants.
In the designing stages we considered the information we had to include, and the session started by introducing criminology. Audience participation was encouraged, and group discussion became a tool to promote the flow of information. Once that process started and people became more able to exchange information then we started moving from information to knowledge exchange. This is a more profound interaction that allows the audience to engage with information that they may not be familiar with and it is designed to achieve one of the prime quests of any social science, to challenge established views.
The process itself indicates the level of skill involved in academic reasoning and the complexity associated with presenting people with new knowledge in an understandable form. It is that apparent simplicity that allows participants to scaffold their understanding, taking different elements from the same content. It is easy to say to any audience for example that “every person has an opinion on crime” however to be able to accept this statement indicates a level of proficiency on receiving views of the other and then accommodating it to your own understanding. This is the basis of the philosophy of knowledge, and it happens to all engaged in academia whatever level, albeit consciously or unconsciously.
As per usual the session overran, testament that people do have opinions on crime and how society should respond to them. The intriguing part of this session was the ability of participants to negotiate different roles and identities, whilst offering an explanation or interpretation of a situation. When this was pointed out they were surprised by the level of knowledge they possessed and its complexity. The role of the academic is not simply to advance knowledge, which is clearly expected, but also to take subjects and contextualise them. In recent weeks, colleagues from our University, were able to discuss issues relating to health, psychology, work, human rights and consumer rights to national and local media, informing the public on the issues concerned.
This is what got me thinking about our role in society more generally. We are not merely providing education for adults who wish to acquire knowledge and become part of the professional classes, but we are also engaging in a continuous dialogue with our local community, sharing knowledge beyond the classroom and expanding education beyond the campus. These are reasons which make a University, as an institution, an invaluable link to society that governments need to nurture and support. The success of the University is not in the students within but also on the reach it has to the people around.
At the end of the session we talked about a number of campaigns to help ex-offenders to get forward with work and education by “banning the box”. This was a fitting end to a session where we all thought “outside the box”.
In our society, there is a focus on documenting inequality and injustice. In the discipline of criminology (as with other social sciences) we question and read and take notes and count and read and take more notes. We then come to an evidence based conclusion; yes, there is definite evidence of disproportionality and inequality within our society. Excellent, we have identified and quantified a social problem. We can talk and write, inside and outside of that social problem, exploring it from all possible angles. We can approach social problems from different viewpoints, different perspectives using a diverse range of theoretical standpoints and research methodologies. But what happens next? I would argue that in many cases, absolutely nothing! Or at least, nothing that changes these ingrained social problems and inequalities.
Even the most cursory examination reveals discrimination, inequality, injustice (often on the grounds of gender, race, disability, sexuality, belief, age, health…the list goes on), often articulated, the subject of heated debate and argument within all strata of society, but remaining resolutely insoluble. It is as if discrimination, inequality and injustice were part and parcel of living in the twenty-first century in a supposedly wealthy nation. If you don’t agree with my claims, look at some specific examples; poverty, gender inequality in the workplace, disproportionality in police stop and search and the rise of hate crime.
- Three years before the end of World War 2, Beveridge claimed that through a minor redistribution of wealth (through welfare schemes including child support) poverty ‘could have been abolished in Britain‘ prior to the war (Beveridge, 1942: 8, n. 14)
- Yet here we are in 2019 talking about children growing up in poverty with claims indicating ‘4.1 million children living in poverty in the UK’. In addition, 1.6 million parcels have been distributed by food banks to individuals and families facing hunger
- There is legal impetus for companies and organisations to publish data relating to their employees. From these reports, it appears that 8 out of 10 of these organisations pay women less than men. In addition, claims that 37% of female managers find their workplace to be sexist are noted
- Disproportionality in stop and search has long been identified and quantified, particularly in relation to young black males. As David Lammy’s (2017) Review made clear this is a problem that is not going away, instead there is plenty of evidence to indicate that this inequality is expanding rather than contracting
- Post-referendum, concerns were raised in many areas about an increase in hate crime. Most attention has focused on issues of race and religion but there are other targets of violence and intolerance
These are just some examples of inequality and injustice. Despite the ever-increasing data, where is the evidence to show that society is learning, is responding to these issues with more than just platitudes? Even when, as a society, we are faced with the horror of Grenfell Tower, exposing all manner of social inequalities and injustices no longer hidden but in plain sight, there is no meaningful response. Instead, there are arguments about who is to blame, who should pay, with the lives of those individuals and families (both living and dead) tossed around as if they were insignificant, in all of these discussions.
As the writer Pearl S. Buck made explicit
‘our society must make it right and possible for old people not to fear the young or be deserted by them, for the test of a civilization is in the way that it cares for its helpless members’ (1954: 337).
If society seriously wants to make a difference the evidence is all around us…stop counting and start doing. Start knocking down the barriers faced by so many and remove inequality and injustice from the world. Only then can we have a society which we all truly want to belong to.
Beveridge, William, (1942), Report of the Inter-Departmental Committee on Social Insurance and Allied Services, (HMSO: London)
Buck, Pearl S. (1954), My Several Worlds: A Personal Record, (London: Methuen)
Lammy, David, (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, (London: Ministry of Justice)
The other week, I went for a meal with a friend. The food was lovely, the staff and environment welcoming and friendly and company, fabulous. A couple of days later I was thinking about that evening and I wondered why I had not felt the need to write some positive feedback on google, or similar. The answer was because I felt that I and my dining companion, had expressed our pleasure both in word and deed (the plates were clean!). Thus, the relationship between diners and restaurant staff had been overwhelmingly positive and this had been expressed by both.
However, wherever we go nowadays, we are regularly confronted by requests for feedback; “how is my driving?”, “did you enjoy your meal?” “would you recommend our services to others”? Often these questions are accompanied by Likert scales, so we can record our opinion on almost everything. Sometimes we might take some time to consider the options, other times we might just tick random boxes, more usually (if I’m anything to go by) I just don’t engage with such requests. Despite their often-jolly appearance, these questions are not harmless, they have an impact, most usually to measure individuals’ performances.
Whether we engage with such requests or not, we do not question whether we are well-placed to judge. So, for instance, as a driver of probably one of the smallest cars on the market (that’s me!), I’m expected to be able to mark the driver of a lorry. Or someone, who has the cooking know-how of a small child (I speak for myself again!) is expected to form an opinion on a dish prepared by a trained chef, these questions are hardly fair. More importantly, my answers are meaningless; whilst I might respond “the lorry appeared to take the corner a bit wide”, I have neither knowledge or understanding of the turning circle of a 32-tonne lorry. Similarly, my thoughts about the heat of a Bangladeshi biryani or the sweetness of a mille-feuille is neither here nor there. Given I can neither drive a lorry nor cook these wonderful dishes, who am I to voice an opinion?
Of course, there are times when it is necessary to voice an opinion, the lorry driver is behaving in a dangerous manner liable to cause an accident, or the restaurant is serving rancid or rotten food; both scenarios likely to involve serious harm. However, these concerns would need to be raised immediately, either by alerting the police (in the case of the lorry) or the management of the restaurant. In the case of the latter, you may also feel it necessary to contact environmental health if you felt that your complaint had not been addressed or you had concerns about the hygiene of the restaurant in general. However, these types of problems are largely outside the feedback requested.
In many of the scenarios/environments we are asked to comment on, we are in a relationship with the other party. Take the restaurant; if I am friendly and polite to the staff, I can expect a reciprocal relationship. If I am rude and aggressive, is it any wonder staff behave in a different way. They are constrained by their professions to focus on customer service, but this should not lay them open to abuse. Whilst the old adage “the customer is always right” might be an excellent baseline, it is not possible for this always to be the case. As someone who has spent a previous lifetime working in retail, sometimes the customer can be obtuse, rude or even downright, ignorant and abusive. Adherence to such an adage, at all costs, can only open the way for abuse.
But what about those feedback forms? On a bad day, in a rash moment, or because I’m bored, I decide to complete one of these forms. The waiter kept me waiting, the food was too spicy, I didn’t like the feedback I was given on my job application, my essay was critiqued, my teeth haven’t been flossed regularly, I didn’t like the book recommended to me by the librarian or the book seller, I can’t believe my line manager has turned down my application for annual leave. I can easily demonstrate my unhappiness with the situation with a few judiciously placed ticks, circles or smiley/sad faces. Can I say the waiter, the chef, the HR professional, the lecturer, the dentist, the librarian, the book seller and my line manager are performing poorly? Can I say they are unprofessional, unprepared, untrained, lacking in knowledge or skills or just plain wrong? And if I do, is that fair or just? Furthermore, am I happy to be subject to the same judgement from people who do not share my experiences; professional or otherwise? Remember too much of this bad feedback, however flippant and lacking in evidence it may be, may lead to disciplinary action, including dismissal.
There is an oft-cited, albeit crude, truth: “Opinions are like arseholes; everyone has one”! Ultimately, whether we choose to share (either) in public is up to us! Think carefully before ticking those boxes and encourage others to do the same. Who knows, someone may well be ticking boxes about you!
Today is Good Friday (in the UK at least) a day full of meaning for those of the Christian faith. For others, more secularly minded, today is the beginning of a long weekend. For Blur (1994), these special days manifest in a brief escape from work:
Bank holiday comes six times a year
Days of enjoyment to which everyone cheers
Bank holiday comes with six-pack of beer
Then it’s back to work A-G-A-I-N
(James et al., 1994).
However, you choose to spend your long weekend (that is, if you are lucky enough to have one), Easter is a time to pause and mark the occasion (however, you might choose). This occasion appears annually on the UK calendar alongside a number other dates identified as special or meaningful; Bandi Chhorh Divas, Christmas, Diwali, Eid al-Adha, Father’s Day, Guys Fawkes’ Night, Hallowe’en, Hanukkah, Hogmanay, Holi, Mothering Sunday, Navaratri, Shrove Tuesday, Ramadan, Yule and so on. Alongside these are more personal occasions; birthdays, first days at school/college/university, work, graduations, marriages and bereavements. When marked, each of these days is surrounded by ritual, some more elaborate than others. Although many of these special days have a religious connection, it is not uncommon (in the UK at least) to mark them with non-religious ritual. For example; putting a decorated tree in your house, eating chocolate eggs or going trick or treating. Nevertheless, many of these special dates have been marked for centuries and whatever meanings you apply individually, there is an acknowledgement that each of these has a place in many people’s lives.
Alongside these permanent fixtures in the year, other commemorations occur, and it is here where I want to focus my attention. Who decides what will be commemorated and who decides how it will be commemorated? For example; Armistice Day which in 2018 marked 100 years since the end of World War I. This commemoration is modern, in comparison with the celebrations I discuss above, yet it has a set of rituals which are fiercely protected (Tweedy, 2015). Prior to 11.11.18 I raised the issue of the appropriateness of displaying RBL poppies on a multi-cultural campus in the twenty-first century, but to no avail. This commemoration is marked on behalf of individuals who are no longing living. More importantly, there is no living person alive who survived the carnage of WWI, to engage with the rituals. Whilst the sheer horror of WWI, not to mention WWII, which began a mere 21 years later, makes commemoration important to many, given the long-standing impact both had (and continue to have). Likewise, last year the centenary of (some) women and men gaining suffrage in the UK was deemed worthy of commemoration. This, as with WWI and WWII, was life-changing and had profound impact on society, yet is not an annual commemoration. Nevertheless, these commemoration offer the prospect of learning from history and making sure that as a society, we do much better.
Other examples less clear-cut include the sinking of RMS Titanic on 15 April 1912 (1,503 dead). An annual commemoration was held at Belfast’s City Hall and paying guests to the Titanic Museum could watch A Night to Remember. This year’s anniversary was further marked by the announcement that plans are afoot to exhume the dead, to try and identify the unknown victims. Far less interest is paid in her sister ship; RMS Lusitania (sank 1915, 1,198 dead). It is difficult to understand the hold this event (horrific as it was) still has and why attention is still raised on an annual basis. Of course, for the families affected by both disasters, commemoration may have meaning, but that does not explain why only one ship’s sinking is worthy of comment. Certainly it is unclear what lessons are to be learnt from this disaster.
Earlier this week, @anfieldbhoy discussed the importance of commemorating the 30th anniversary of the Hillsborough Disaster. This year also marks 30 years since the publication of MacPherson (1999) and Monday marks the 26th anniversary of Stephen Lawrence’s murder. In less than two months it will two years since the horror of Grenfell Tower. All of these events and many others (the murder of James Bulger, the shootings of Jean Charles de Menezes and Mark Duggan, the Dunblane and Hungerford massacres, to name but a few) are familiar and deemed important criminologically. But what sets these cases apart? What is it we want to remember? In the cases of Hillsborough, Lawrence and Grenfell, I would argue this is unfinished business and these horrible events remind us that, until there is justice, there can be no end.
However, what about Arthur Clatworthy? This is a name unknown to many and forgotten by most. Mr Clatworthy was a 20-year-old borstal boy, who died in Wormwood Scrubs in 1945. Prior to his death he had told his mother that he had been assaulted by prison officers. In the Houses of Parliament, the MP for Shoreditch, Mr Thurtle told a tale, familiar to twenty-first century criminologists, of institutional violence. If commemoration was about just learning from the past, we would all be familiar with the death of Mr Clatworthy. His case would be held up as a shining example of how we do things differently today, how such horrific events could never happen again. Unfortunately, that is not the case and Mr Clatworthy’s death remains unremarked and unremarkable. So again, I ask the question: who decides what it is worthy of commemoration?
James, Alexander, Rowntree, David, Albarn, Damon and Coxon, Graham, (1994), Bank Holiday, [CD], Recorded by Blur in Parklife, Food SBK, [RAK Studios]
Dr Stephen O’Brien is the Dean for the Faculty of Health and Society at the University of Northampton
Before I start this blog, it is important to declare my personal position. I am a lifelong supporter of Liverpool Football Club (LFC) and had I not been at a friend’s wedding on that fatal Saturday in April 1989, I may well have been in the Leppings Lane end of the Hillsborough stadium in Sheffield. I have followed the unfolding Hillsborough phenomenon for 30 years now and like the football club itself, it is an integral part of my life. To all caught up in the horrific events of Hillsborough, I echo a phrase synonymous with LFC and say; “You’ll Never Walk Alone”.
On April 15th, 1989 ninety-six men, women and children, supporters of Liverpool Football Club, died in a severe crush at an FA Cup semi-final at the Hillsborough Stadium, Sheffield. Hundreds were injured, and thousands traumatised. Within hours, the causes and circumstances of the disaster were being contested. While an initial judicial inquiry found serious institutional failures in the policing and management of the capacity crowd, no criminal prosecutions resulted, and the inquests returned ‘accidental death’ verdicts. Immediately, the authorities claimed that drunken, violent fans had caused the fatal crush. In the days and weeks following the disaster, police fed false stories to the press suggesting that hooliganism and drunkenness by Liverpool supporters were the root causes of the disaster. The media briefing was most significantly demonstrated in the headline “THE TRUTH” which appeared in The Sun newspaper immediately after the event devoting its front page to the story and reporting that: ‘Some fans picked pockets of victims; Some fans urinated on the brave cops; Some fans beat up PC giving life kiss’. What of course we appreciate now is that this headline was far from truth, however the blame narrative was already being set. For example, Chief Superintendent David Duckenfield, the match commander on the day, misinformed senior officials from the Football Association that fans had forced entry causing an inrush into already packed stadium pens. Yet it was Duckenfield who had ordered the opening of the gates to relieve the crush at the turnstiles. Within minutes the lie was broadcast internationally.
Blaming of Liverpool fans persisted even after the Taylor Report of 1990, which found that the main cause of the disaster was a profound failure in police control. While directing its most damning conclusions towards the South Yorkshire Police, it also criticised Sheffield Wednesday Football Club, its safety engineers and Sheffield City Council. However, following the Taylor Report, the Director of Public Prosecutions (DPP) ruled there was no evidence to justify prosecution of any individuals or institutions. On a more positive note, the disaster did lead to safety improvements in the largest English football grounds, notably the elimination of fenced terraces in favour of all seated stadiums.With the media allegations unchallenged and in the absence of any imminent prosecutions the families of the 96 hugely supported by the people of the City of Liverpool and it’s two football clubs began an exerted and prolonged campaign for truth and justice. In late June 1997, soon after the election of the Labour Government and following a concerted campaign by families, the Home Secretary Jack Straw proposed an unprecedented judicial scrutiny of any new evidence and appointed senior appeal court judge and former MI6 Commissioner Lord Justice Stuart-Smith to review further material that interested parties wished to submit. A large volume of new material was presented. However, Stuart-Smith rejected the new evidence concluding that there was no basis for a further public inquiry or new material of interest to the DPP or police disciplinary authorities. Undeterred by such a devastating outcome the families undertook a series of private prosecutions again to no avail.
It is important to note that public inquiries, convened in the aftermath of major incidents such as Hillsborough or to address alleged irregularities or failures in the administration of justice, should not be considered a panacea but provide an opportunity to speedily ensure that management failings are exposed to public scrutiny. They are popularly perceived to be objective and politically independent. On the other hand, they also have the potential to act as a convenient mechanism of legitimation for the state. It appeared to the families that the various inquiries that followed Hillsborough were incapable of surfacing the truth as the cards were stacked in favour of the state.
Roll forward to 2009. On the 20th anniversary, invited by the Hillsborough Family Support Group, Minister for Health Andy Burnham MP addressed over 30,000 people attending the annual memorial service at Liverpool FC’s Anfield stadium. Whilst acknowledging the dignity, resolve and courage they had exhibited in all the events of the previous 20 years he offered support and hope that their struggle would be further supported by the MPs in Liverpool as a whole. The cries of “Justice for the 96” that rang out that day heralded a turning point. Consequently, in December 2009, following the families unrelenting campaign, the Bishop of Liverpool, James Jones, was appointed to chair the Hillsborough Independent Panel. It was given unfettered access to all the documentation that had been generated in all the enquiries and investigations to date. The outcomes of their deliberations were presented in closed session to the bereaved families at Liverpool’s Anglican Cathedral on 12 September 2012, the report concluded that there was no evidence among the vast documentation to support or verify the serious allegations of exceptional levels of drunkenness, fans with no tickets or violence. The bereaved families and survivors were overwhelmed by the unqualified exoneration of those who died and survived. Shortly after, the Prime Minister David Cameron responded in detail to a packed House of Commons. He made a proper apology to the families of the 96 for all they have suffered over the past 23 years. In April 2016, a special Coroner’s Court ruled that the Hillsborough dead had been unlawfully killed and a campaign for justice that had run for well over two decades was concluded.
This year will be the 30th anniversary of that tragic event and I believe it is fair to say that the ensuing years have provided us with a troubling case study with features of institutional cover up, the power of the state, the Establishment, the resilience of the victim’s families, community and a social movement which Scraton (1999, 2013) refers to as an alternative method for liberating truth, securing acknowledgement and pursuing justice. Scraton has written extensively on the disaster and the subsequent events. He draws on human rights discourse to show how ‘regimes of truth’ operate to protect and sustain the interests of the ‘powerful’. He examined in detail the formal legal processes and their outcomes regarding Hillsborough and demonstrated how they were manipulated to degrade the truth and deny justice to the bereaved. He exposed the procedural and structural inadequacies of these processes and raised fundamental questions about the legal and political accountability of the instruments of authority. The broader socio/legal policy question that emerges from Hillsborough is whether ‘truth’ can ever be acknowledged and institutionalized injustices reconciled in a timely fashion when the force of the state apparatus works to differing ends. Time will only tell. In 2019 there are many other tragic examples where we could replace Hillsborough with Orgreave, Lawrence, Windrush, Grenfell. Let’s hope that it doesn’t take 30 years for truth and justice to emerge in the future.
Scraton P., (1999) Policing with Contempt: The Degrading of Truth and Denial of Justice in the Aftermath of the Hillsborough Disaster. Journal of Law and Society 26, 3, p273-297
Scraton P., (2013) The Legacy of Hillsborough: liberating truth, challenging power Race and Class, 55, 2, p1-27