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A smorgasbord of thought (AKA a head full of magic)

https://www.flickr.com/photos/charlesfred/2823810363https://www.flickr.com/photos/charlesfred/2823810363

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.

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:

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]

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.

George Wallace literally blocks Blacks from entering the university

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.”

Alabama segregationist Bull Connor ordered police to use dogs and fire hoses on black demonstrators in May 1963.

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.

If only these 4 Little Girls had acted right, right?

“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

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.

Nothing is black and white: the intransigence of fools

“Burglar!” by Maydela is licensed under CC BY-NC 2.0

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.

“A small case of injustice”

Gilbert Baker

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

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

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

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

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

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

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

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

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

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

That old familiar feeling

It would seem it’s human nature to seek out similarities in times of uncertainty. An indication that someone somewhere has experience they can share. Some sort of wisdom they can provide or at the very least a recognisable element that can somehow be interpreted to give an indication, that when it happened before everything turned out ok in the end. With the current world pandemic leaving so much free time to think and observe what is going on, one has to wonder at some point if the differences should be a more prominent focus point.

Historically world pandemics are not new. The plague, small pox, Spanish flu, all form part of a collective historical account of the global devastating impacts a new disease has on mankind. I found myself re-reading The Plague (Camus, 1947/2002) and pondering the similarities. Self-isolation and whole town isolation, the socioeconomic impacts on the poor seeking employment, despite the risk to health these roles carried and the heart-breaking accounts of families unable to say goodbye to loved ones or bury the dead in a dignified, ordinary manner.

Early on politicians and media were quick to compare the pandemic with war. Provocative language became commonplace. Talk of fighting the invisible enemy in the new ‘war’, with the ‘frontline’ NHS staff our new heroes giving the country hope we could win. It came as no surprise to wake one morning and see ‘memes’ shared on social media portraying Boris Johnson as the new Churchill.

Media quickly changed. Suddenly films which dramatised pandemics grew in popularity. These fictitious accounts of how the world would respond, the mistakes which would be made and the varying outcomes individual responses towards official advice would have on their chances of survival. Even I have to admit a scene from Contagion discussing the use of hand washing and refraining from touching your face seemed to echo government advice. Fortunately, the scenes of supermarket looting were overdramatic but the empty supermarket shelves and panic buying hysteria was all the same.

There were however, some comparisons made, which haunted me. I’m sure everyone has their own reasons for finding distaste and maybe mine were unique to me. A combination of my academic knowledge and background mixed amongst my own personal views and current situation. As a mother of three, I had suddenly become a teacher with the closure of schools. My recent master’s degree in education fortunately allowed me a basic, self-researched understanding of mainstream education and home education methods.

I watched as friends and family members concerns grew about how they as parents could provide an education. Initially most looked-for similarities once again. Similar timetables to school, similar methods of teaching, trying as a parent to morph into a similar role their children’s teacher has. I think most parents felt overwhelmed quite early on. Many most likely still do, because the thing is, home education is not comparable to mainstream education in many ways at all. That’s not to say one is superior, this is certainly not my opinion. Quite simply, they’re fundamentally different approaches.

I often find myself throughout my academic journey looking for comparison with concepts and areas in which I’m familiar. My undergrad in law and criminology makes occasional appearance in most of my writing, perhaps more often than not, in fact, I used my continued interest in criminological and legal concepts to make my education MA my own. Further reinforcing the idea, familiarity provides some sort of comfort as we enter something unknown.

One comparison which deeply worried me that finds its roots in criminological concepts, is those who have compared self-isolation with prison. Having experienced a long, heated debate previously following a comment I made displaying my disgust for the re-introduction of the death penalty, it seemed futile to raise the issues with this in the only social environment I had access to currently, social media. I remain hopeful, most criminologists recognise the obvious differences between the two.

In the end when we look back at this moment in history, there will no doubt be many more comparisons made. We often look to history to learn lessons and I’m not sure we can do that without recognising some sort of parallels with the situation. Whether that be for comfort, guidance, information or to learn, entirely depends on the individual. I will leave you with a quote of something I heard a few days ago which has stuck with me and provided inspiration for this writing…

“History doesn’t repeat itself but it often rhymes”

With that in mind, I would suggest we take comfort in the familiarity of similar situations, that this pandemic won’t last forever, but the difference it may make on our lives will always be our personal experiences. When we look back and search for comparison of life during the pandemic and life afterwards, we may well appreciate the experiences we once took for granted.

Reference

Camus, A (2002). The Plague. London: Penguin classics

Within Grey Walls

“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment!  Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”

Everyone has the right to life, liberty and security of person (1).     

Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.

However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?

The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).

Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).

According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6). 

This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.

However, what is it actually like being on death row?

June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.

He has shared some of his thoughts of what it is like to be on death row:

“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.

Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.

Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever! 

References

(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/    Accessed on 21/01/2020

(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons  Accessed on 24/03/2020

(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/  Accessed on 24/03/2020

(4)  Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim

(5) Ibid

(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’  Available online at:  https://www.snopes.com/fact-check/george-stinney-execution-exoneration/  Accessed on 24/03/2020

Other

Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp

Human Writes: https://www.humanwrites.org

Terrorised into compliance

Edvard Munch, (1893) The Scream

Learning and teaching is a complex business, difficult to describe even by those in the process of either/or both. Pedagogy, as defined by Lexico is ‘[t]he method and practice of teaching, especially as an academic subject or theoretical concept’. It underpins all teaching activity and despite the seemingly straightforward definition, is a complex business.  At university, there are a variety of pedagogies both across and within disciplines. How to teach, is as much of a hot topic, as what to teach and the methods and practices are varied.

So how would you feel if I said I wanted Criminology students to quake in their boots at the prospect of missing classes? Or “literally feel terror” at the thought of failing to do their reading or not submitting an assessment? Would you see this as a positive attempt to motivate an eager learner? A reaction to getting the best out of lazy or recalcitrant students? A way of instilling discipline, keeping them on the straight and narrow on the road to achieving success? After all, if the grades are good then everything must be okay? Furthermore, given many Criminology graduate go on to careers within Foucault’s ‘disciplinary society’ maybe it would be useful to give them a taste of what’s to come for the people they deal with (1977: 209).

Hopefully, you are aghast that I would even consider such an approach (I promise, I’m definitely not) and you’ve already thought of strong, considered arguments as to why this would be a very bad idea Yet, last week the new Home Secretary, Pritti Patel stated that she wanted people to “literally feel terror” at the prospect of becoming involved in crime. Although presented as a novel policy, many will recognise this approach as firmly rooted in ideas from the Classical School of Criminology. Based on the concepts of certainty, celerity and severity, these ideas sought to move away from barbaric notions and practices to a more sophisticated understanding of crime and punishment.

Deterrence (at the heart of Classical School thought) can be general or specific; focused on society or individuals. Patel appears to be directing her focus on the latter, suggesting that feelings of “terror” will deter individuals from committing crime. Certainly, one of the classical school’s primary texts, On Crime and Punishment addresses this issue:

‘What is the political intention of punishments? To terrify, and to be an example to others. Is this intention answered, by thus privately torturing the guilty and the innocent?’

(Beccaria, 1778: 64)

So, let’s think through this idea of terrorising people away from crime, could it work? As I’ve argued before if your crime is a matter of conscience it is highly unlikely to work (think Conscientious Objectors, Suffragettes, some terrorists). If it is a crime of necessity, stealing to feed yourself or your family, it is also unlikely to succeed, certainly the choice between starvation and crime is terrifying already. What about children testing boundaries with peers, can they really think through all the consequences of actions, research suggests that may not be case (Rutherford, 1986/2002). Other scenarios could include those under the influence of alcohol/drugs and mental health illnesses, both of which may have an impact on individual ability to think through problems and solutions. All in all, it seems not everyone can be deterred and furthermore, not all crimes are deterrable (Jacobs, 2010). So much for the Home Secretary’s grand solution to crime.

As Drillminister demonstrates to powerful effect, violent language is contextual (see @sineqd‘s discussion here). Whilst threats to kill are perceived as violence when uttered by young, black men in hoods, in the mouths of politicians they apparently lose their viciousness. What should we then make of Pritti Patel’s threats to make citizens “literally feel terror”?

Selected bibliography

Beccaria, Cesare, (1778), An Essay on Crimes and Punishments, (Edinburgh: Alexander Donaldson), [online]. Available from: https://archive.org/details/essayoncrimespu00Becc/page/n3

Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)

Jacobs, Bruce A., (2010), ‘Deterrence and Deterrability’, Criminology, 48, 2: 417-441

Rutherford, Andrew, (1986/2002), Growing Out of Crime: The New Era, (Winchester: Waterside Press)

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