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A visual walk around a panopticon prison in the city of “Brotherly Love”
Conferences…people even within academia have views on them. This year the American Society of Criminology hosted its annual meeting in Philadelphia. In the conference we had the opportunity to talk about course development and the pedagogies in criminology. Outside the conference we visited Eastern State Penitentiary one of the original panopticon prisons…now a decaying museum on penal philosophy and policy.
The bleak corridors of a panopticon prison
the walls are closing in and there is only light from above
these cells smell of decay; they were the last residence of those condemned to death
the old greenhouse; now a glass/concrete structure…then a place to plant flowers. Even in the darkest places life finds a way to persevere
isolation: a torture within an institution of violence. The people coming out will be forever scared as time leaves the harshest wounds
a place of worship: for some the only companion to abject desperation; for those who did not lose their minds or try to end their lives; faith kept them at least alive.
the yard is monitored by the guards at the core; the chained prisoners will walk outside or get some exercise but only if they behave. To be outside in here is a privilege
the corridors look identical; you become disoriented and disillusioned
everything here conjures images of pain
an ostentatious building, build back in the 19th century to lock in criminals. It housed a new principled idea, a new system on penal reform. the first penitentiary of its kind. Nonetheless it never stopped being an institution of oppression…it closed in 1970.
The role of the criminologist (among others) is to explain, analyse and discuss our responses to crime, the systems we use and the strategies employed. So before a friendly neighbour tells you that sending people to an island or arming the police with guns or giving juveniles harsher penalties, they better talk to a criminologist first.
As a final thought, I leave you with this…there are people who left the prison broken but there are those who died in this prison. Eleven people tried to escape but were recaptured. Once you are sent down, the prison owns you.
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The Origins of Criminology
The knife was raised for the first time, and it went down plunging into naked flesh; a spring of blood flowed cascading and covering all in red. The motion was repeated several times. Abel fell to his death and according to scriptures this was the first crime. Cain who wielded the knife roamed the earth until his demise. The fratricide that was committed was the first recorded murder and the very first crime. A colleague tried to be smart and pointed that the first crime is Eve’s violation in the garden with the apple, but I did point out that according to Helena Kennedy QC, she was framed! In the least Eve’s was a case of entrapment which is criminological but leaves the first crime vacant. So, murder it is! A crime of violence that separates aggressor and victim.
The response to this crime is retribution. In the scriptures a condemnation to insanity. In later years this crime formed the basis of the Mosaic Law inclusive of the 10 commandments and death as the indicative punishment. In the Ancien Régime the punishment became a spectacle on deterrence whilst the crowds denounced the evildoer as they were wheeled into the square! In modern times this criminality incorporated rehabilitation to offer the opportunity for the criminal to repent and make amends.
‘The first man who having enclosed a piece of ground bethought himself of saying “This is mine”’! This is an alternative interpretation of the first crime, according to Jean-Jacques Rousseau (1762/1993: 192). In The Social Contract he identifies the first crime very differently from the scriptures. In this case the crime is not directed at a person but the wider community. The usurping of land or good in any manner that violates the rights of others is crime because it places individualism ahead of the common good. As in this crime there is no violence against the person, the way in which we respond to it is different. Imperialism as a historical mechanism accepts the infringement of property, rights, and human rights as a necessity in human interactions. The law here is primarily protected for the one who claims the land rather than those who have been left homeless. In this case, crime is associated with all those mechanisms that protect privilege and property. Soon after titles of land emerged and thereafter titles of people owning other people follow. The land becomes an empire, and the empire allows a man and his regime to set the laws to protect him and his interests. Traditionally empires change from territories of land to centres of government and control of people. The land of the English, the land of the Finnish, the land of the Zulu. In this instance the King become a figure and custom law subverts natural law to accommodate authority and power.
These two “original” crimes represent the diversity in which criminology can be seen; one end is the interpersonal psychological rendition of criminality based on the brutality of violence whilst on the other end is an exploration of wider structural issues and the institutional violence they incorporate. The spectrum of variety criminology offers is a curse and a blessing in one. From one end, it makes the discipline difficult to specify, but it also allows colleagues to explore so many different issues. Regardless of the type of crime category for any person attracted to the discipline there is a criminology for all.
Between these two polar apart approaches, it is interesting to note their interaction. In that it can be seen the interaction of the social and historical priorities of crime given at any given time. This historical positivism of identifying milestones of progression is an important source of understanding the evolution of social progression and movements. Let’s face it, crime is a social construct and as such regardless of the perspective is indicative of the way society prioritises perceptions of deviance.
Arguably the crimes described previously denote different schools of thought and of course the many different perspectives of criminology. A perfectly contorted discipline that not only adapts following the evolution of crime but also theorises criminality in our society. When you are asked to describe criminology, numerous associations come to mind, “the study of crime and criminality” the “discipline of criminal behaviours” “the social construction of crime” “the historical and philosophical understanding of crime in society across time” “the representation of criminals, victims, and agents in society”. These are just a few ways to explain criminology. In this entry we explore the origins of two perspectives; theology and sociology; image that the discipline is influenced by many other perspectives; so consider their “origin” story. How different the first crime can be from say a psychological or a biological perspective. The origins of criminology is an ongoing tale of fascinating specialisms.
Rousseau, Jean-Jacques, (1762/1993), The Social Contract and Discourses, tr. from the French by G.D.H. Cole, (London: Everyman’s Library)
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Do You Remember the Time? At the Lynching Memorial
On September 11, 2021 I visited the Lynching Memorial, which is near the newly expanded Equal Justice Initiative Museum, From Enslavement to Mass Incarceration.
At the heart of the “National Memorial for Peace and Justice” (Lynching memorial) is a vast collection of giant, rusty metal, rectangular pillars, hanging tightly together like a neatly planned and well-looked-after orchard.
Etched in each are the names of (known) lynching victims by date.
We can see that, at times, entire families were lynched.
The pillars are hung so cleverly that one has to experience this artistic installation in person.
Nonetheless, the subject of white terrorism in the deep south is heavy,
Which is perhaps why Guests are invited to visit the nearby museum before the Memorial.
One needs time to prepare.
Naturally, sandwiched between enslavement and mass incarceration exhibits,
The museum also has an array of material on lynching.
This included a giant mural of jars surrounded by videos, infographic murals, maps and
An interactive register of every known lynching by county, date, state, and name.
I’m still stuck on the mural of snapshots of actual lynching advertisements, and
Pictures of actual news reports of victims’ final words.
These were the actual final words of folks etched forever in these hanging, rusty pillars.
Ostensibly, written by war correspondents.
Standing in awe of the museum’s wall of jars, I chatted with a tall Black man about my age.
He’d traveled here from a neighboring state with his teen son to, as he said,
“See how this stuff we go through today ain’t new.”
I recounted to him what a young man at the EJI memorial had showed me a few years ago:
A man’s name who’d been lynched early last century for selling loose cigarettes –
Just like Eric Garner!
Yet, even since then,
We’ve gotten the police murders of George Floyd and Breonna Taylor,
Or even Michael Brown, Walter Scott and Philando Castile.
Amadou Diallo was shot 19 times in 1999, standing on his own stoop
And while Jayland Walker got 46 bullets this year while fleeing on foot.
Tamir Rice!
Tamir Rice was a little boy.
A little boy playing in the park. But his mere presence terrified a white man.
So he called 9-1-1 and the police showed up and shot Tamir within seconds!
We can watch the tape.
All of these martyrs are included in the museum’s growing timelines (sigh).
After their own legal work in representing the wrongfully imprisoned for damn near life,
EJI began collecting jars of dirt near every known lynching, and
If invited by local officials, EJI would offer a memorial plaque and ceremony commemorating that community’s recognition of historic injustice(s).
An open field sits next to the suspended pillars, filled with a duplicate of each pillar.
These duplicates sit, having yet to be collected and properly dedicated by each county.
These communities are denied healing, and we know wounds fester.
The field of lame duplicates effectively memorializes the festering denial in our body politic.
There are far too many unrecorded victims and versions of white mob violence, and intimidation, not just barbarous torture and heinous murder.
Outside of these few sorts of memorials,
We do have to wonder how else this rich history has stayed in our collective memories.
Too many Black families were too traumatized to talk and didn’t want to pass it to their kids.
We know many fled after any minor incursion,
Just as someone had advised Emmet Till to do,
And there’s no accounting for them and the victims’ families who fled and
Even hid or discarded any news clippings they’d seen of the events.
Yet, whites must have kept record.
Did whites collect the newspaper ads or reports of a lynching they’d attended or hoped to?
They made and sold lynching postcards, curios, and other odd lynching souvenirs.
Where are the avid collectors?
Plus, apparently, terrorists don’t just kidnap and hang someone to death,
So what did they do with all the ears, noses, fingers, and genitals they cut off?
Or eyes they plucked out?
Or scalps they shaved?
Many victims pass out from the immense pain of being tortured and burned alive, but still
I doubt all those pieces and parts got thrown in the fire, because, of course,
Plenty of pictures show entire white families there to celebrate the lynching like (a) V-day.
And in many ways, it was, and
The whites looked as if they would’ve wanted to remember.
Looks can be deceiving, but the ways whites were also bullied into compliance is real.
Still, my mother swears that some white families’ heirlooms must include
Prized, preserved pieces of Nat Turner.
Ooh, wouldn’t that be a treasure that would be.
Plus, given the spate and state of anti-Black policing and violence,
Our democracy, nay, our Constitution itself, is as rusty as these pillars.
The pillars resting in the field remind us not only the work left to do, but also, it’s urgency.
How many more pillars may we still need?
How many amendments did will freedom take?
It goes to show how great thou art now!
See: Slave Ads at the EJI Museum
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Youth or Adult: can you tell?
This week’s blog begins with a game: youth or adult, secure estate in England and Wales. Below are some statements, and you simply need to guess (educated guesses please), whether the statement is about the youth, or adult secure estate. So, are the statements about children in custody (those under the age of 18 years old) or adults in custody (18+). When you’re ready…
- 70% decrease in custody in comparison to 10 years ago
- Segregation, A.K.A Solitary Confinement, used as a way of managing the most difficult individuals and those who pose a risk to themselves or others
- Racial disproportionality in relation to experiencing custody and being remanded to custody
- Self-harm is alarmingly high
- 1/3 have a known mental health disability
- Homelessness after release is a reality for a high proportion of individuals
- Over half of individuals released from custody reoffend, this number increases when looking at those sentenced to 6months of less
How many did you answer youth secure estate, and how many adult secure estate? Tally up! Did you find a 50/50 split? Did you find it difficult to answer? Should it be difficult to spot the differences between how children and adults are treated/experience custody?
All of the above relate specifically to children in custody. The House of Commons Committee (2021) have argued that the secure estate for children in England and Wales is STILL a violent, dangerous set of environments which do little to address the needs of children sentenced to custody or on remand. Across the academic literature, there is agreement that the youth estate houses some of the most vulnerable children within our society, yet very little is done to address these vulnerabilities. Ultimately we are failing children in custody! The Government said they would create Secure Schools as a custody option, where education and support would be the focus for the children sent here. These were supposed to be ready for 2020, and in all fairness, we have had a global pandemic to contend with, so the date was pushed to 2022: and yet where are they? Where is the press coverage on the positive impact a Secure School will make to the Youth estate? Does anyone really care? A number of Secure Training Centres (STCs) have closed down across the past 10 years, with an alarmingly high number of the institutions which house children in custody failing Ofsted inspections and HM Inspectorate of Prisons (2021) found violence and safety within these institutions STILL a major concern. Children experience bullying from staff, could not shower daily, experience physical restraint, 66% of children in custody experienced segregation which was an increase from the year prior (HM Inspectorate of Prisons, 2021). These experiences are not new, they are re-occurring, year-on-year, inspection after inspection: when will we learn?
The sad, angry, disgusting truth is you could have answered ‘adult secure estate’ to most of the statements above and still have been accurate. And this rings further alarm bells. In England and Wales, we are supposed to treat children as ‘children first, offenders second’. Yet if we look to the similarities between the youth and adult secure estate, what evidence is there that children are treated as children first? We treat all offenders the same, and we treat them appallingly. This is not a new argument, many have raised the same points and concerns for years, but we appear to be doing very little about it.
We are kidding ourselves if we think we have a separate system for dealing with children who commit crime, especially in relation to custody! It pains me to continue seeing, year on year, report after report, the same failings within the secure estate, and the same points made in relation to children being seen as children first in England and Wales: I just can’t see it in relation to custody- feel free to show me otherwise!
References:
House of Commons Committees (2021) Does the secure estate meet the needs of young people in custody? High levels of violence, use of force and self-harm suggest the youth secure estate is not fit for purpose [Online]. Available at: https://houseofcommons.shorthandstories.com/justice-youth-secure-estate/index.html. [Last accessed 4th April 2022].
HM Inspectorate of Prisons (2021) Children in Custody 2019-2020: An analysis of 12-18-year-old’s perceptions of their experiences in secure training centres and young offender institutions. London: Her Majesty’s Inspectorate of Prisons.
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A smorgasbord of thought (AKA a head full of magic)
Its been a few weeks since I’ve written a blog and whilst there are plenty of topics to pick from, I never quite got my head round writing about anything in depth. I’ve thought about a lot, I never stop thinking about a lot, some it meaningful and some of it not. I like to think that some of the stuff is quite profound but that’s just in my imagination, I think. Anyway, rather than trying to put together some deep and meaningful narrative about the state of the world I thought I’d provide a few highlights.
When I read Jes’ blog the other week about graffiti, I couldn’t help thinking that we do far too much to try to justify and somehow nullify the effects of criminality. For all our theorising and empathising as criminologists, we shouldn’t lose sight of the fact that crime results in victims and being a victim of crime is at best an unpleasant experience. So, I have to disagree with Jes on one point, grafitti is not art, its criminal damage, vandalism if you like. Very rarely have I ever gazed upon a graffiti covered bridge, wall, shop front, shutter, railway station siding or railway carriage and thought to myself, wow that’s nice. Let’s call it what it is.
I think it was the same week that I read a post on ‘LinkedIn’ about the silence surrounding the murder of Julia James, a 53-year-old Police Community Support Officer. The silence the author of the post was referring to was the contrast between the public response to Julia James’ death and that of Sarah Everard, a 33-year-old marketing executive. No vigil, no public outrage, no ‘claim the streets back’. I wondered what dictates the public response to such horrific events. Is it age, occupation, circumstance or just timing?
I watched the news this week somewhat bemused by the response of some industry chiefs and business owners. The airline industry is less than pleased with the government’s approach to relaxing of restrictions around travel and some business owners are apoplectic about the fact that the removal of restrictions might be delayed. It might be a bit simplistic to state this, but it seems that they value business more than lives.
As for those that went on holiday abroad, thinking they wouldn’t need to quarantine when they came back only to find that the rules changed, and they now have to. More fool you, maybe I’ve missed a trick here, but I don’t think the Covid virus and its mutations will wait for you to enjoy the rest of your holiday before spreading a little more. Don’t complain about quarantine nor the cost of testing, you put yourself in that position, now take some responsibility and suck it up instead of blaming someone else.
In a conversation, a friend of mine told me ‘the problem is people don’t like being told what to do’. This was said in the context of Covid and our discussion about the idiots that think any rules or guidance just doesn’t apply to them. The comment did however make me think about a paper I read some time ago by Storch (1975). When the new police were introduced into this country in 1829, there were few who looked upon them favourably. One of the main issues was simply that the populace did not like being restricted in their ‘immoral or illegal’ pastimes. We can have a debate about who makes the rules but it seems to me the most pressing point is that little has changed. Take off the rose-tinted glasses, there never was a golden era of policing, the police have never been liked and never will be. I wonder how the population would act if there were no police though?
I’m a little weary now, all of this thinking and writing has worn me out. Time for a lie down in a darkened room.
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The Case of Mr Frederick Park and Mr Ernest Boulton
As a twenty-first century cis woman, I cannot directly identify with the people detailed below. However, I feel it important to mark LGBT+ History Month, recognising that so much history has been lost. This is detrimental to society’s understanding and hides the contribution that so many individuals have made to British and indeed, world history. What follows was the basis of a lecture I first delivered in the module CRI1006 True Crimes and Other Fictions but its roots are little longer
Some years ago I bought a very dear friend tickets for us to go and see a play in London (after almost a year of lockdowns, it seems very strange to write about the theatre).. I’d read a review of the play in The Guardian and both the production and the setting sounded very interesting. As a fan of Oscar Wilde’s writing, particularly The Ballad of Reading Gaol and De Profundis (both particularly suited to criminological tastes) and a long held fascination with Polari, the play sounded appealing. Nothing particularly unusual on the surface, but the experience, the play and the actors we watched that evening, were extraordinary. The play is entitled Fanny and Stella: The SHOCKING True Story and the theatre, Above the Stag in Vauxhall, London. Self-described as The UK’s LGBTQIA+ theatre, Above the Stag is often described as an intimate setting. Little did we know how intimate the setting would be. It’s a beautiful, tiny space, where the actors are close enough to just reach out and touch. All of the action (and the singing) happen right before your eyes. Believe me, with songs like Sodomy on the Strand and Where Has My Fanny Gone there is plenty to enjoy. If you ever get the opportunity to go to this theatre, for this play, or any other, grab the opportunity.
So who were Fanny and Stella? Christened Frederick Park (1848-1881) and Ernest Boulton (1848-1901), their early lives are largely undocumented beyond the very basics. Park’s father was a judge, Boulton, the son of a stockbroker. As perhaps was usual for the time, both sons followed their respective fathers into similar trades, Park training as an articled clerk, Boulton, working as a trainee bank clerk. In addition, both were employed to act within music halls and theatres. So far nothing extraordinary….
But on the 29 April 1870 as Fanny and Stella left the Strand Theatre they were accosted by undercover police officers;
‘“I’m a police officer from Bow Street […] and I have every reason to believe that you are men in female attire and you will have to come to Bow Street with me now”’
(no reference, cited in McKenna, 2013: 7)
Upon arrest, both Fanny and Stella told the police officers that they were men and at the police station they provided their full names and addresses. They were then stripped naked, making it obvious to the onlooking officers that both Fanny and Stella were (physically typical) males. By now, the police had all the evidence they needed to support the claims made at the point of arrest. However, they were not satisfied and proceeded to submit the men to a physically violent examination designed to identify if the men had engaged in anal sex. This was in order to charge both Fanny and Stella with the offence of buggery (also known as sodomy). The charges when they came, were as follows:
‘they did with each and one another feloniously commit the abominable crime of buggery’
‘they did unlawfully conspire together , and with divers other persons, feloniously, to commit the said crimes’
‘they did unlawfully conspire together , and with divers other persons, to induce and incite other persons, feloniously, to commit the said crimes’
‘they being men, did unlawfully conspire together, and with divers others, to disguise themselves as women and to frequent places of public resort, so disguised, and to thereby openly and scandalously outrage public decency and corrupt public morals’
Trial transcript cited in McKenna (2013: 35)
It is worth noting that until 1861 the penalty for being found guilty of buggery was death. After 1861 the penalty changed to penal servitude with hard labour for life.
You’ll be delighted to know, I am not going to give any spoilers, you need to read the book or even better, see the play. But I think it is important to consider the many complex facets of telling stories from the past, including public/private lives, the ethics of writing about the dead, the importance of doing justice to the narrative, whilst also shining a light on to hidden communities, social histories and “ordinary” people. Fanny and Stella’s lives were firmly set in the 19th century, a time when photography was a very expensive and stylised art, when social media was not even a twinkle in the eye. Thus their lives, like so many others throughout history, were primarily expected to be private, notwithstanding their theatrical performances. Furthermore, sexual activity, even today, is generally a private matter and there (thankfully) seems to be no evidence of a Victorian equivalent of the “dick pic”! Sexual activity, sexual thoughts, sexuality and so on are generally private and even when shared, kept between a select group of people.
This means that authors working on historical sexual cases, such as that of Fanny and Stella, are left with very partial evidence. Furthermore, the evidence which exists is institutionally acquired, that is we only know their story through the ignominy of their criminal justice records. We know nothing of their private thoughts, we have no idea of their sexual preferences or fantasies. Certainly, the term ‘homosexual’ did not emerge until the late 1860s in Germany, so it is unlikely they would have used that language to describe themselves. Likewise, the terms transvestite, transsexual and transgender did not appear until 1910s, 1940s and 1960s respectively so Fanny and Stella could not use any of these as descriptors. Despite the blue plaque above, we have no evidence to suggest that they ever described themselves as ‘cross-dressers’ In short, we have no idea how either Fanny or Stella perceived of themselves or how they constructed their individual life stories. Instead, authors such as Neil McKenna, close the gaps in order to create a seamless narrative.
McKenna calls upon an excellent range of different archival material for his book (upon which the play is based). These include:
- National Archives in Kew
- British Library/British Newspaper Library, London
- Metropolitan Police Service Archive, London
- Wellcome Institute, London
- Parliamentary Archives, London
- Libraries of the Royal Colleges of Surgeons, London and Edinburgh
- National Archives of Scotland
Nevertheless, these archives do not contain the level of personal detail, required to tell a fascinating story. Instead the author draws upon his own knowledge and understanding to bring these characters to life. Of course, no author writes in a vacuum and we all have a standpoint which impacts on the way in which we understand the world. So whilst, we know the institutional version of some part of Fanny and Stella’s life, we can never know their inner most thoughts or how they thought of themselves and each other. Any decision to include content which is not supported by evidence is fraught with difficulty and runs the risk of exaggeration or misinterpretation. A constant reminder that the two at the centre of the case are dead and justice needs to be done to a narrative where there is no right of response.
It is clear that both the book and the play contain elements that we cannot be certain are reflective of Fanny and Stella’s lives or the world they moved in. The alternative is to allow their story to be left unknown or only told through police and court records. Both would be a huge shame. As long as we remember that their story is one of fragile human beings, with many strengths and frailties, narratives such as this allow us a brief glimpse into a hidden community and two, not so ordinary people. But we also need to bear in mind that in this case, as with Oscar Wilde, the focus is on the flamboyantly illicit and tells us little about the lived experience of some many others whose voices and experiences are lost in time..
References
McKenna, Neil, (2013), Fanny and Stella: The Young Men Who Shocked Victorian England, (London: Faber and Faber Ltd.) Norton, Rictor, (2005), ‘Recovering Gay History from the Old Bailey,’ The London Journal, 30, 1: 39-54 Old Bailey Online, (2003-2018), ‘The Proceedings of the Old Bailey,’ The Old Baily Online, [online]. Available from: https://www.oldbaileyonline.org/ [Last accessed 25 February 2021]
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More Grotesque Black Death #BlackenAsiaWithLove
Each time I turn on the news I see more black death.
It’s grotesque. In my country, ‘Merika, there are peaceful protestors all around the country combatting police violence. Initially, when George Floyd was murdered, these peaceful protests spread across the world, as folks rose in solidarity for peace against white supremacy in America. Many more Black bodies have died in dubious police circumstances since. In the popular rhetoric, sadly, the peaceful protestors are held to account for the violence sweeping our streets. One of Dr. King’s major battles was to convince a people who’d been born into a nation of violence, how to be peaceful; we are a nation born of violence. Dr. King believed and taught that “non-violent resistance… [is] a courageous confrontation of evil by the power of love” (King, Stride, 80). That was just to boycott the local busses in the 1950’s. Working people choosing to spend their hard-earned money as they pleased, and still Jim and Jane Crow showed up to verbally and physically harass each one of them. By the 60’s Black university students worked in solidarity with students of all colors to teach, preach and practice non-violent civil disobedience.
It’s in bad faith to focus on the rioters and overlook those attempting to exercise their first amendment rights. I say “attempting,” because even the lone Black woman in Kentucky house of representatives, Attica Scott, can be arrested in our hometown for peacefully protesting #JusticeForBreonnaTaylor, #AtticaScott4Ky. Without the 1st amendment, there’s no second. And let’s not forget all those anti-mask protestors that showed up at city and state halls around the country – in 2020 – armed to the teeth, so-called peacefully protesting any ordinance to protect ‘us’ from the spread of CoVit. How peacefully will the po-po resolve this conflict instigated by their own violence? The white supremacist way, of course. Look at 45, head hood and chief of their klan. “’Cause God’s stopped keeping score,” as George Michael sang.
Back then leading the cause of segregation, we had white supremacists like 4-term Alabama governor George Wallace, and Birmingham public safety commissioner, Bull Connor, (in)famous for sending in fire hoses and attack dogs against children peacefully protesting. Right now, there are all kinds of icons named after ole George. Just a few years ago, I went to my little cousin’s high school basketball game in Tallassee, Alabama, and the public high school gym was named after good ole George’s wife, who’d held onto his governorship for a bit because law forbade him from serving consecutive terms. It’s as if only a few strong survivors believe us when we speak about how white supremacy has its hooves on our necks. It tuns out 8 minutes and 46 seconds changed that.
Read, will you, what good ole George said in a 1986 interview about sending in troops to squash the peaceful protests in Birmingham, after those four little girls got bombed in the 16th Street Baptist Church, on a Sunday in September 1963. As you’d expect, no one was held to account. The good governor says:
“I sent Colonel Lingo there because they were, there was some trouble there, we tried to maintain law and order, we’re not trying to maintain segregation there, it was a matter of law and order, and uh, as I recall that nobody got hurt in any of the things, in the demonstrations, uh, except that whoever those evil mean, minded men were who had something to do with the blowing up of that church.”
Sound familiar? Sounds like 45. Like then, today’s protestors are regularly intimidated and assaulted by the police and troops. This too often seals the cycle of violence instigated by the police, who are further instigated by the commanders and their chief.
It’s grotesque, and understandably, even more grotesque to look at, if you’ve rarely looked at it before, tucked it away, and not thought about it because it did not impact your daily life. “It’s hard to love, there’s so much to hate,” and you sang along. You knew it was happening, but your eyes betrayed you, and because you didn’t see it in your neighborhood, in your schools and streets, you let your faith in humanity go.
You let yourself believe that we, Black people, did something to deserve to be the nightly feature on the news: Weather, sports, celebrities, national headlines, and the local Black criminal; that’s literally fed into our homes each night on the news. And if you’ve been spending your time with Fox and ilk, then certainly you’ve been trained in a language that pits them against us, and posits losers and sinners against the righteous folks like you who are just trying to make it in this world. How could the Blacks live such a radically different existence? You lie to yourself and say that they can’t, that all the opportunities they lose are theirs alone. It’s all down to individual decisions, just like you. We each chose our own fates, right? There’s no system, and certainly no systemic oppression. F #MeToo, too, you say… at home with only the family and kids to hear. The kids repeat it at school, grow up and vote like that. They cycle repeats, whiteness is rendered, effectively, invisible. Only the Blacks are not acting right.
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“I can’t breathe”: Criminology, Science and Society
Sometimes the mind wanders; the associations it produces are random and odd, but somehow, they connect. In the book of Genesis, there is reference to the first murder. Cain murdered Abel with a stone making it the original murder weapon. After some questioning from God, who acted as an investigating officer, and following a kind-of admission, God then assumed the role of the judge and jury, sentencing him to wander the earth. This biblical tale is recounted by all three main monotheistic religions, a what to do in the case of murder. The murderer is morally fallen and criminally dealt by with a swift punishment.
There is no reason to explore the accuracy of the tale because that is not the point. Religion, in the absence of science, acted as a moral arbitrator, sentencing council and overall the conscience of society. In a society without science, the lack of reason allows morality to encroach on personal choices, using superstition as an investigative tool. As scientific discovery grew, the relevance of religion in investigation was reduced. The complexity of society required complex institutions that cared for people and their issues.
When the Normans landed in England, they brought with them a new way of dealing with disputes and conflict. Their system of arbitration, using the King as a divine representative, was following Roman tradition and theology but it soon became apparent that a roaming court may not be as efficient. The creation of the magistrates and the statutes on legal representation introduced the idea of bringing professionals into justice. The creation of new institutions fostered the age of the scholar, who uses evidence-based practice.
This new approach removed more religious practices, instead favouring the examination of facts, the investigation of testimony and the study of law. It was a long way away from the system we know now as the witch trials can attest to; a number of whom took place in East Anglia (including Northampton). In the end the only thing that has been left from the early religious trials is the oath witness take when they submit their testimony.*
The more we learn the better we become in understanding the world around us. The conviction that science can resolve our problems and alleviate social issues was growing and by the 19th century was firm. The age of discovery, industrialisation and new scientific reasoning introduced a new criminal justice system and new institutions (including the police). Scientific reasoning proposed changes in the penal code and social systems. Newly trained professionals, impervious to corruption and nepotism, were created to utilise a new know-how to investigate people and their crimes.
Training became part of skilling new mandarins in a system that reflected social stratification and professionalism. The training based on secular principles became focused on processes and procedures. The philosophy on the training was to provide a baseline of the skills required for any of the jobs in the system. Their focus on neutrality and impartiality, seemed to reflect the need for wider social participation, making systems more democratic. At least in principle that was the main idea. Over centuries of public conflict and social unrest the criminal justice system was moving onto what people considered as inclusive.
Since then the training was incorporated into education, with the new curriculum including some BTECs, diplomas, foundation studies and academic degrees that take on a variety of professions from investigative fields to law enforcement and beyond. This academic skilling, for some was evidence that the system was becoming fairer and their professionals more educated. Police officers with knowledge of the system, akin to lawyers to the probation service and so on. So far so good…but then how do we explain the killing of George Floyd? Four officers trained, skilled, educated and two of them experienced in the job.
If this was a one, two three, four, -offs then the “bad apple” defence seems to be the most logical extrapolation on what went wrong. If, however this is not the case, if entire communities are frightened of those who allegedly serve and protect them, then there is “something rotten in the state of Denmark”. Whilst this case is American, it was interesting to read on social media how much it resonated, in communities across the globe of those who felt that this was nothing more than their own everyday experience with law enforcement. For them, police is merely a mechanism of repression.
Since the murder I have read a number of analyses on the matter and maybe it worth going a bit further than them. In one of them the author questioned the validity of education, given than two of the officers in the Floyd case hold a criminal justice and a sociology degree respectively. There is a vein of truth there; educators have some responsibility to forge and promote professional conduct and ethical practice among their alumnus. There are however some other issues that have not been considered and it is time for these to be brought to the surface.
Education or training alone is not adequate to address the complexities of our society. Social awareness, cultural acceptance and the opportunity to reflect on the rules using problem solving and insight are equally important. Foucault has long argued that the justice system is inherently unfair because it preserves privileges and blocks anyone outside from challenging it. Reflecting on that, all major constitutional changes took place after a revolution or a war, indicating the truism in his observation.
If we are to continue to train people on procedures and processes the “bad apples” are likely to strike again. The complexity of social situations requires an education that ought to be more rounded, critical and evaluative. If a doctor takes an oath to do no harm, then so should every other professional who works in their community. If the title of the office is more appealing than the servitude, then the officer is not fulfilling their role. If we do not recognise equality among all people, then no training will allow us to be fair. Suddenly it becomes quite clear; we need more education than less, we need knowledge instead of information and we need more criminology for those who wish to serve the system.
*Even that can now be given as an affirmation
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Take a leap…it might just be worth it!
When I was asked to write a blog about doing research for my dissertation, I immediately went to https://thoughtsfromthecriminologyteam.blog/category/first-class-dissertation/ to read what others had written before me. Previous entries covered race and discrimination, homelessness, hate crime, and working with sex offenders, among other things; all good meaty stuff that is highly relevant to the study of criminology, and to society.
I knew I was taking a risk when I decided to mix it up and write a criminology dissertation that was based on historical crime and punishment, as there was the chance that it fell into neither camp. From a historian’s perspective, I wasn’t researching a primary source, per se, and from a criminologist’s perspective, would it have enough relevant criminological theory?
I just knew I wanted to do something to do with historical crime and punishment, but I didn’t know where to start. Eventually I came across two quotes that I thought were relevant to my subject area: ‘the rulers of eighteenth-century England cherished the death sentence’ (Hay, 1975:17), and; ‘a quasi-judicial role such as [the royal pardon] is not a suitable function for the executive’ (Travis, 2009:9). From these, my idea was firstly to examine who received the death penalty and why, and why some were pardoned while others were not. Secondly, when it came to pardoning, who had the power to pardon and what were the criteria used? I was also particularly interested in the political aspect of this.
What soon became obvious was that even 200 plus years ago, it was the same people committing crime as it is today: the working-class poor, the marginalised and the desperate. And just as today, when those with money, power and connections commit crime, it was not considered crime in the same way, and therefore, the punishment was not the same. I could see then, that I would be able to apply relevant criminological theory. I also needed to incorporate a fair bit of law and constitutional changes to the criminal justice system. As we were always being reminded that criminology is a ‘rendezvous’ subject that encompasses many other disciplines, this gave me the confidence to forge ahead!
I actually really enjoyed researching my dissertation, especially the case studies. After doing lots of research on the Old Bailey Online, I found 3 cases from 1789 which highlighted 3 different outcomes for the same crime, as a way of showing the criteria used for deciding who was pardoned and who was left to hang. I also examined several more recent death penalty cases from the 20th and 21st centuries, to show that the royal pardon is still an essential part of the criminal justice system, despite modernisations designed to replace it, like the introduction of the Criminal Cases Review Commission.
My advice to students in year 2 is: start thinking about your dissertation early! It took me a long, long time to decide what I wanted to research, and I researched a lot of stuff that I didn’t end up using. At one point I was so worried that I even talked to @paulaabowles about deferring my dissertation until next year! But I’m so glad I didn’t do that. I won’t lie to you, it is hard work and requires a lot of time and dedication, which is why it’s so important to pick something that interests you. In the end, though I still worried that it would be too ‘in the middle’ to please either camp, I thoroughly enjoyed doing this piece of work, and was quite sad when it was finished. To be rewarded with a First was beyond anything I could have hoped for, and I’d like to think that was due not only to my hard work, but also to the passion I had for the subject matter.
References:
Hay, D. (1975). Property, Authority and the Criminal Law. In: Hay, D., Linebaugh, J., Rule, J., Thompson, E. and Winslow, C. (Eds). Albion’s Fatal Tree: Crime and Society in Eighteenth-Century England. London: Verso. Pp. 17-63.
Travis, A. (2009). National: Royal Pardon: Legal Reform: I shouldn’t be able to make these decisions, says Straw (Guardian Homepages). The Guardian (London, England). P.9.
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Nothing is black and white: the intransigence of fools
One thing we criminologists know is that it is impossible to prevent crime. Many a great criminologist has tried to theorise why crime occurs (my shelves are full of their books) and whilst almost all have made valuable contributions to our understanding of crime, it is an unfortunate fact that crime continues. But then crime itself is difficult to define and has its basis in time, power, opportunity and social discourses. What is criminal today will not be criminal tomorrow and what is important today will lose its importance tomorrow, in favour of some new or maybe, old, manifestation of that elusive concept we call crime. Perhaps we should we grateful, for in the industry of crime lies mass employment. From criminologists to those that attempt to stem the tide of crime, those that deal with its aftermath and those that report on it or write about it (real or fictional), there is money to be made. If we stopped crime, we would all be out of a job.
Most, if not all of us have at some stage in our lives committed some sort of crime. Most crimes will fortunately be almost inconsequential, maybe a flouting of a law such as driving a car over the speed limit. Other crimes will be more serious and whilst some criminals will be brought to book most are not. The inconsequential crime of driving over the speed limit, albeit perhaps due to a lapse of concentration, can have dire consequences. There is clear evidence that the survival rates of pedestrians struck by cars has a direct correlation with speed. So the inconsequential becomes the consequential, the ephemerality of crime, the reality.
When we think of crime, we often have little concept of its reality. We apply labels and our own rules to that we know and find acceptable. Speeding is not criminal, well not generally, unless it’s a boy racer. Drink driving is a no-no, but we might take it to the alcohol limit when having a drink. Drugs (the criminalised type) are ok, well some are and some aren’t, it all depends on your viewpoint. Drugs (the prescription type) are ok, even if they impair our ability to drive. Alcohol, well that’s absolutely ok, even if the abuse of it leads to more deaths than drugs and the consequences of that misuse has a really significant impact on the NHS. Tax evasion, illegal if you get caught, ok if you don’t. A bit like fraud really, ok if you can get away with it but then maybe not, if the victim is a little old lady or me. Assault, well it depends on the seriousness and the situation and probably the victim. Robbery, not good to go into an off licence with a gun and threaten the shopkeeper, bullying if you take lunch money off the lad outside the school gates.
Criminals don’t walk around with a label that says ‘criminal’ and even if they did, there would have to be a method of bestowing the label in an instance. Nonsense of course, only a fool would suggest such a thing. What about the people that committed a crime but have changed their ways I hear my colleagues ask? What about those that haven’t, or have and then relapse, I reply.
Nothing is black and white; the concept of crime is elusive, as are criminals (both by concept and nature). And yet we happily castigate those that attempt to uphold the law on our behalf and in doing so view crime and criminals as clear concepts. Each has a clear label, each is clearly identifiable, so how can they get it so wrong so many times. Whilst criticising those that attempt, and let’s be quite honest, fail most of the time to stem this tide of crime, perhaps we might also think about the impossibility of the job in hand. That’s not to say that a lot of the criticisms are not justified, nor that things should not change, but if we only examine all that is wrong, we lose sight of reality and only an intransigent fool would continue an argument that sees the problems and solutions as simply black and white.
Thoughts from the criminology team 