Home » History of crime and punishment
Category Archives: History of crime and punishment
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”?
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)
The classic novel by Mary Shelley back in the early 19th century was an apocalyptic piece of work that imagined the future in a world where technology appeared to be a marvel that professes to make everyday people into gods. The creation of a man by a man (deliberately gendered) in accordance to his wishes, and morals. The metaphysical constraints of the soul seemingly absent, until all comes to head. This was dystopic, but at the same time philosophical, of the future of humanity.
In the 20th century John B. Watson believed that he could shape the behaviour of anyone, mostly children in any possible way. Some of his ideas even made it into popular psychology where he offered advice to parents of how to raise their children. Although no monster is mentioned, there is still the view that a man can shape a child in whatever way he chooses. A creationist and most importantly, arrogant view of the world.
Decades later Robert Martinson, a sociologist will look at all these wonderful and great programmes designed to challenge behaviours and change people, so they can rehabilitate leaving criminality behind. He found the results to be disappointing. In the meantime, child psychologists could not achieve this leap that Watson seem to think they could make in changing people.
In the 21st century we began to realise at a discipline level that forcing change upon people is rather impossible. How about a man creating a man? Can you develop a new human that will be developed espousing the creator’s desired attributes and thus become a model citizen? In recent years we have been talking about designer babies, gene harvesting and genetic modification. Such a surprising concept considering the Lebensborn experience during the Nazi regime. That super-man concept was shattered in thousands little pieces, and for many relegated to history books. Therefore, designer babies are such a cautionary tale.
As a society we are still curious on what can technology can achieve, how far can we go and what can we develop. Still in science there are seeds of creationism proposing ideas of that we can develop; a world of people without illness, disorder and deviance. Pure, healthy and potentially exceptional individuals who may be physiologically right but sadly devoid of humanity. Why devoid? Because what makes a person? Our imperfections, deviances and foibles. These add to, rather than substract from, our uniqueness and individuality.
In a recent twitter discussion one of my colleagues engaged in a discussion about the repatriation of one of those women called “Isis brides”. The colleague posed the question, why not allow her to return, only to receive in response, because these are no humans. As I read it I thought, well this is a new interpretation of the monster. A 21st century monster that we can chase out of the proverbial village with torches because its alive and it shouldn’t be. We can wish for people to be good to us, open armed and happy all the time, but that is not necessarily how it is. We know that this is the case and of course we want to be reminded of our humanity, not for the positives but for the negatives. Not what we can be but what the others are not. So, we can always be the villagers and never the monster.
Mary Shelley (1888) Frankenstein or The Modern Prometheus, London, George Routledge and Sons.
In a number of blog posts colleagues and myself (New Beginnings, Modern University or New University? Waterside: What an exciting time to be a student, Park Life, The ever rolling stream rolls on), we talked about the move to a new campus and the pedagogies it will develop for staff and students. Despite being in one of the newest campuses in the country, we also deliver some of our course content in the Sessions House. This is one of the oldest and most historic buildings in town. Sometimes with students we leave the modern to take a plunge in history in a matter of hours. Traditionally the court has been used in education primarily for mooting in the study of law or for reenactment for humanities. On this occasion, criminology occupies the space for learning enhancement that shall go beyond these roles.
The Sessions House is the old court in the centre of Northampton, built 1676 following the great fire of Northampton in 1675. The building was the seat of justice for the town, where the public heard unspeakable crimes from matricide to witchcraft. Justice in the 17th century appear as a drama to be played in public, where all could hear the details of those wicked people, to be judged. Once condemned, their execution at the gallows at the back of the court completed the spectacle of justice. In criminology discourse, at the time this building was founded, Locke was writing about toleration and the constrains of earthy judges. The building for the town became the embodiment of justice and the representation of fairness. How can criminology not be part of this legacy?
There were some of the reasons why we have made this connection with the past but sometimes these connections may not be so apparent or clear. It was in one of those sessions that I began to think of the importance of what we do. This is not just a space; it is a connection to the past that contains part of the history of what we now recognise as criminology. The witch trials of Northampton, among other lessons they can demonstrate, show a society suspicious of those women who are visible. Something that four centuries after we still struggle with, if we were to observe for example the #metoo movement. Furthermore, from the historic trials on those who murdered their partners we can now gain a new understanding, in a room full of students, instead of judges debating the merits of punishment and the boundaries of sentencing.
These are some of the reasons that will take this historic building forward and project it forward reclaiming it for what it was intended to be. A courthouse is a place of arbitration and debate. In the world of pedagogy knowledge is constant and ever evolving but knowing one’s roots allows the exploration of the subject to be anchored in a way that one can identify how debates and issues evolve in the discipline. Academic work can be solitary work, long hours of reading and assignment preparation, but it can also be demonstrative. In this case we a group (or maybe a gang) of criminologists explore how justice and penal policy changes so sitting at the green leather seats of courtroom, whilst tapping notes on a tablet. We are delighted to reclaim this space so that the criminologists of the future to figure out many ethical dilemmas some of whom once may have occupied the mind of the bench and formed legal precedent. History has a lot to teach us and we can project this into the future as new theoretical conventions are to emerge.
Locke J, (1689), A letter Concerning Toleration, assessed 01/11/18 https://en.wikisource.org/wiki/A_Letter_Concerning_Toleration
Haley Read is an Associate Lecturer teaching modules in the first and third years.
Yes, that spooky time of the year is upon us! Excited at the prospect of being free to do something at Halloween but deterred by the considerable amount of effort required to create an average-looking carved pumpkin face, I Google, ‘Things to do for Halloween in the Midlands’.
I find that ‘prison (and cell) ghost tours’ are being advertised for tourists who can spend the night where (in)famous offenders once resided and the ‘condemned souls’ of unusual and dangerous inmates still ‘haunt’ the prison walls today. I do a bit more searching and find that more reputable prison museums are also advertising similar events, which promise a ‘fun’ and ‘action packed’ family days out where gift shops and restaurants are available for all to enjoy.
Of course, the lives of inmates who suffered from harsh and brutal prison regimes are commodified in all prison museums, and not just at Halloween related events. What appears concerning is that these commercial and profit-based events seem to attract visitors through promotional techniques which promise to entertain, reinforce common sensical, and at times fabricated (see Barton and Brown, 2015 for examples) understandings of history, crime and punishment. These also present sensationalistic a-political accounts of the past in order to appeal to popular fascinations with prison-related gore and horror; all of which aim to attract customers.
The fascination with attending places of punishment is nothing new. Barton and Brown (2015) illustrates this with historical accounts of visitors engaging in the theatrics of public executions and of others who would visit punishment-based institutions out of curiosity or to amuse themselves. And I suppose modern commercial prison tourism could be viewed as an updated way to satisfy morbid curiosities surrounding punishment and the prison.
The reason that this concerns me is that despite having the potential to educate others and challenge prison stereotypes that are reinforced through the media and True Crime books, commercialised prison events aim to entertain as well as inform. This then has the danger of cementing popular and at times fictional views on the prison that could be seen as being historically inaccurate. Barton and Brown (2015) exemplify this idea by noting that prison museums present inmates as being unusual, harsh historical punishments as being necessary and the contemporary prison system as being progressive and less punitive. However, opposing views suggest that offenders are more ordinary than unusual, that historical punishments are brutal rather than necessary and that many contemporary prisons are viewed as being newer versions of punitive discipline rather than progressive.
Perhaps it could be that presenting a simplified, uncritical and stereotyped version of the past as entertainment prevents prison tourists from understanding the true pains experienced by those who have been incarcerated within the prison (see Barton and Brown, 2015, Sim, 2009). Truer prison museum promotions could inform visitors of staff corruption, the detrimental social and psychological effects of the prison, and that inmates (throughout history) are more likely to be those who are poor, disempowered, previously victimised and at risk of violence and self-harm upon entering prison. But perhaps this would attract less visitors/profit…And so for another year I will stick to carving pumpkins.
Photo by Markus Spiske temporausch.com on Pexels.com
Barton, A and Brown, A. (2015) Show me the Prison! The Development of Prison Tourism in the UK. Crime Media and Culture. 11(3), pp.237-258. Doi: 10.1177/1741659015592455.
Sim, J. (2009) Punishment and Prisons: Power and the Carceral State. London: Sage.