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Whose rights are they anyway?

“Human Rights Now – Refugee Children in Immigration Detention Protest Broadmeadows” by John Englart (Takver) is licensed under CC BY-SA 2.0

I’m a great believer in human rights and when the topic comes up, I make it clear to my students that you either buy into human rights wholeheartedly or you don’t buy into it at all. There is no halfway house.  You cannot pick and choose which bits you like, or decide that there is a time limited offer, a bit like a sale, on one month but not the next, and then on again. Nor can you decide that such rights only apply to some and not others (Home Office take note regarding refugees and asylum seekers).  But the more I think about human rights the more I question how rights can work on an individual level without impacting on others’ rights.

A good example is the protests over the last year or so, particularly during ‘lockdown’. I ought to hasten to add before someone protests vociferously, that this blog is not about the validity of the subject matter being protested about. The blog is simply about how the exercise of rights that we hold so dear, can and do impact on other’s rights.

The government and its agents have a duty to ensure that human rights are facilitated as best as possible. Whilst there are some caveats, this duty extends to taking positive steps to ensure that we have a right to protest, a right to associate with whom we like, a right to express what we want to express and I would suggest above all else a right to life.  I have prioritised the right to life but, in the arguments about the rights to protest, few if any question the impact that such protests have on that one fundamental right.  

And I can hear the arguments now, what the people are protesting about is far bigger, too important not to be allowed to protest.  The argument can even be extended to the fact that the protests are about the right to life, a valid argument.  So, it is ironic that protesting about the right to life impacts on others’ right to life.  If you don’t agree then please tell me what the purpose of ‘lockdown’ was if it wasn’t at least in part to save lives.  The problem with protests, peaceful or not is that they do not suddenly happen in one place, people are not just beamed in.  Would be protesters have to get to the venue thereby creating multiple opportunities for the spread of Covid.  But even when we are not in ‘lockdown’, many protests have a detrimental impact on the rights of other members of the public through the disruption caused.  In exercising fundamental rights, we trample on the rights of others.  Whilst we may agree with the sentiments of the protests, it is and should not always be the case.  Protests are not always about what we hold or ought to hold dear, in fact sometimes the opposite.#

I cannot say I am in favour of the new proposals to regulate protests, but I do understand the rationale, at least in part.  I also understand the concern and the possible impact on our freedoms. But I find it somewhat bemusing that so many are quick to criticise and yet so few offer solutions. One day, when I am particularly annoyed about something and decide to join a protest, I wonder whether I will think about other people and the rights I am depriving them of?

Data collection in a pandemic: Discovering what’s up with WhatsApp *or any other instant messaging service

Photo by Cristian Dina on Pexels.com

Many of our students will be thinking about or preparing for, their dissertations. Ordinarily this is the fun part of a degree. The part where you have the freedom to research a topic of interest. Two or three years ago, none of us could have predicted we would be in the midst of a global pandemic which limits research opportunities, particularly for undergraduates who have practical and ethical limitations. One thing that I would encourage students – or indeed anyone doing research in the pandemic – to do, is to be innovative and think outside of the box when planning research. Here in the UK we are lucky enough that most of us have access to the internet. The way I communicate with friends, family and colleagues most frequently is using instant messaging services and so I incorporated this technology into my own research. In sharing my own experience of using instant messaging as a data collection tool, I hope to offer some hope that where there are obstacles, there are also ways to overcome them.

I conducted my most recent research prior to the pandemic, however I had other barriers to navigate. I was researching the victimisation of asylum seekers, and wanted to understand if, and how, they coped with these experiences. I was lucky enough to undertake two face to face interviews with most of the participants which helped me to gain an understanding of their life histories and the broader aspects of their experiences but I also wanted to understand the day to day stressors and how they coped with these events. I knew that a diary method would be an appropriate approach to elicit the data I required, however there were some limitations with using traditional written journals. All the asylum seekers who participated in my research spoke some English as a second language and some spoke the language but could not read or write proficiently. In addition to this, traditional journal entries can be time consuming and there were additional practical considerations to consider such as how I would retrieve the journals. To overcome these obstacles I decided to use digital technology to collect diary data, in part because electronic methods have been found to increase response rates, but also because most asylum seekers I have come across own a mobile phone. Mobile phones are essential to enable to contact their family in their country of origin as well as maintaining contact with their solicitor and other agencies working with them.

Once I had decided to use mobile technology, I sent weekly messages to each of the people I interviewed, asking them how they were that day and how their week had gone, what were some of the good and bad things that had happened. I did this for 12 weeks before conducting their follow up interviews. For the purpose of my doctoral thesis, the method provided data that would help me understand the day to day stress of being an asylum seeker, often resulting from structural harms perpetrated by the Home Office. This may be the mother feeling guilty after being late to pick her children up from school because she had to catch three buses to report to the Home Office and fulfil the conditions of her immigration bail; or the feeling of dread in the pit of her stomach when a brown envelope came through the door, fearful that this may be what feels like a death warrant from the Home Office ordering her deportation. Events such as these were often not mentioned during interview, when interviewees would often recall the major life events and forget the moments of everyday life. Using mobile technology meant that participants could write in their first language and either them or I could translate it. It also meant that they could quickly send a message in the moment, while a particular event was fresh in their minds.

Using mobile technology to collect data worked well for me as it helped me to stay in contact with participants and inform my follow up interviews as well as providing the information I required to answer the research questions. As anticipated the response rate was good – even those who could not afford credit were often able to access Wi-Fi and send a message from a public space. The use of mobile technology to collect diary entries overcame more barriers than it presented, and the method proved fit for purpose, gaining the data required to get a fuller picture of those I was researching. For students planning dissertations or other research projects that are to be undertaken soon, I urge you to think creatively about your research methods and modes of data collection. Although a large part of our teaching focuses on traditional methods, I encourage you to be independent thinkers and so solve the problem of doing research in a pandemic.

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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