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The crime of war

Recently after yet another military campaign coming to an end, social media lit all over with opinions about what should and should not have been done as military and civilians are moving out. Who was at fault, and where lies the responsibility with. There are those who see the problem as a matter of logistics something here and now and those who explore the history of conflict and try to explain it. Either side however does not note perhaps the most significant issue; that the continuation of wars and the maintenance of conflict around the world is not a failure of politics, but an international crime that is largely neglected. For context, lets explore this conflict’s origin; 20 years ago one of the wealthiest countries on the planet declared war to one of the poorest; the military operations carried the code name “Enduring Freedom”! perhaps irony is lost on those in positions of power. The war was declared as part of a wider foreign policy by the wealthy country (and its allies) on what was called the “war on terror”. It ostensibly aimed to curtail, and eventually defeat, extremist groups around the world from using violence and oppressing people. Yes, that is right, they used war in order to stop others from using violence.

In criminology, when we talk about violence we have a number of different ways of exploring it; institutional vs interpersonal or from instrumental to reactive. In all situations we anticipate that violence facilitates more violence, and in that way, those experiencing it become trapped in a loop, that when repeated becomes an inescapable reality. War is the king of violence. It uses both proactive and emotional responses that keep combatants locked in a continuous struggle until one of them surrenders. The victory attached to war and the incumbent heroism that it breeds make the violence more destructive. After all through a millennia of warfare humans have perfected the art of war. Who would have thought that Sun Tzu’s principles on using chariots and secret agents would be replaced with stealth bombers and satellites? Clearly war has evolved but not its destructive nature. The aftermath of a war carries numerous challenges. The most significant is the recognition that in all disputes violence has the last word. As we have seen from endless conflicts around the world the transition from war to peace is not as simple as the signing of a treaty. People take longer to adjust, and they carry the effects of war with them even in peace time.

In a war the causes and the motives of a war are different and anyone who studied history at school can attest to these differences. It is a useful tool in the study of war because it breaks down what has been claimed, what was expected, and what was the real reason people engaged in bloody conflict. The violence of war is different kind of violence one that takes individual disputes out and turns people into tribes. When a country prepares for war the patriotic rhetoric is promoted, the army becomes heroic and their engagement with the war an act of duty. This will keep the soldiers engaged and willing to use their weapons even on people that they do not know or have any personal disputes with. Among wealthy countries that can declare wars thousands of miles away this patriotic fervour becomes even more significant because you have to justify to your troops why they have to go so far away to fight. In the service of the war effort, language becomes an accomplice. For example they refrain from using words like murder (which is the unlawful killing of a person) to casualties; instead of talking about people it is replaced with combatants and non-combatants, excessive violence (or even torture) is renamed as an escalation of the situation. Maybe the worst of all is the way the aftermath of the war is reflected. In the US after the war in Vietnam there was a general opposition to war. Even some of the media claimed “never again” but 10 year after its end Hollywood was making movies glorifying the war and retelling a different rendition of events.

Of course the obvious criminological question to be asked is “why is war still permitted to happen”? The end of the second world war saw the formation of the United Nations and principles on Human Rights that should block any attempt for individual countries to go to war. This however has not happened. There are several reasons for that; the industry of war. Almost all developed countries in the world have a military industry that produces weapons. As an industry it is one of the highest grossing; Selling and buying arms is definitely big business. The UK for example spends more for its defence than it spends for the environment or for education. War is binary there is a victor and the defeated. If a politician banks their political fortunes on being victorious, engaging with wars will ensure their name to be carved in statues around cities and towns. During the war people do not question the social issues; during the first world war for example the suffragettes movement went on a pause and even (partly) threw itself behind the war effort.

What about the people who fight or live under war? There lies the biggest crime of all. The victimisation of thousands or even millions of people. The civilian population becomes accustomed to one of the most extreme forms of violence. I remember my grandmother’s tales from the Nazi occupation; seeing dead people floating in the nearby river on her way to collect coal in the morning. The absorption of this kind of violence can increase people’s tolerance for other forms of violence. In fact, in some parts of the world where young people were born and raised in war find it difficult to accept any peaceful resolution. Simply put they have not got the skills for peace. For societies inflicted with war, violence becomes currency and an instrument ready to be used. Seeing drawings of refugee children about their home, family and travel, it is very clear the imprint war leaves behind. A torched house in a child’s painting is what is etched in their mind, a trauma that will be with them for ever. Unfortunately no child’s painting will become a marble statue or receive the honours, the politicians and field marshals will. In 9/11 we witnessed people jumping from buildings because a place crashed into them; in the airport in Kabul we saw people falling from the planes because they were afraid to stay in the country. Seems this crime has come full circle.

Not so Priti politics: setting a clear example

Of course Priti Patel the home secretary is correct when she declared that England fans have a right to boo England football players taking the knee before the England versus Croatia match on Sunday.  Correct that is, in considering the spirit of the European Convention on Human Rights and Article 10, Freedom of Expression. This being encapsulated in our own Human Rights Act 1998. But whilst, the home secretary considers such booing, lets call it a form of protest, acceptable, she then adds that the ‘taking of the knee’ is simply ‘gesture politics’ and finds this form of protest unacceptable.  The players and others through television advertising have made it clear that the statement is not political, it is simply a reminder of the need to tackle inequality and racism.

So, I’m left considering this, according to Priti Patel, it is acceptable to protest against those that oppose inequality and in particular racism, but it is not acceptable to protest against that in equality and racism.  The first is a right, the second is some form of gesture politics.  Ms Patel doesn’t end it there though but bemoans the Black Lives Matter protests and the ‘devastating impact they had on policing’.  Somehow, I think she’s missed the point.  If it is simply about the resources required to police the BLM protests, well the right of expression you say people have (you can boo if you want to) was simply being exercised and the police have a duty to facilitate those protests, devastating or not.  If the devastation was about some other impact such as morale, then I think a bit of introspection wouldn’t go amiss. There is far too much evidence to show that the criminal justice system and the application of policing in particular is unequal, unfair and in need of change.   

The home secretary is ultimately in charge of policing in this country.  A politician, yes, but also supposedly a leader, who should be leading by example.  What sort of example have her views set police forces across the country?  Carry on folks, this is just gesture politics.  No empathy, no understanding and a devil may care attitude, suggests that tackling inequality is not on the home secretary’s, let alone this government’s, agenda.  This is not politics of the right, this smacks of politics of the far right.  This is something we should all be worried about.  

Thinking Criminologically: Engaging with darkness

https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DPn5dvawbDqU&psig=AOvVaw0yd1_IN4i6nvRNKI_g5i7z&ust=1624102316299000&source=images&cd=vfe&ved=0CAoQjRxqFwoTCLCyseeKofECFQAAAAAdAAAAABAf

Often when you mention the word criminology to lay people outside of the academy, the initial response is “ooh that’s interesting” or “that sounds exciting”. The next step in the conversation usually reverts to the most extreme forms of interpersonal violence, murderers, serial killers and so on. For many, criminology appears to be the home of “whodunnits”. People talk of Ted Bundy, Ian Brady and Myra Hindley, Fred and Rose West and want to know why they did what they did. For decades, the unsolved case of Jack the Ripper has been pored over by authors, television makers and the general public. For those who choose to engage, we have seen the female victims of this unknown man, eviscerated, degraded and ultimately slain, again and again for the reader/viewers’ delectation. This is not criminology.

Criminology recognises there are no winners in crime, only people left shattered, those devastated by their actions or those impacted by criminality. People are left bloody, bowed and bereaved through victimisation by individuals, institutions and the State. Yet just look on a bookshops ‘Crime’ shelves or flick through the programme schedules and you will find no sign of this. As a society we revel in this darkness and package it as entertainment. This is not criminology.

On the news we see discussions around crime and criminals. What should we do? Shall we give the police yet more powers? Shall we give those oh so lenient judges less leeway for discretion? Should we lock the offenders up and throw away the key? Should we bring back National Service? What about a boot camp? Should we consider bringing back the death penalty? How can we teach these people a lesson they won’t forget? Notice that all of these suggestions are designed to be more and more punitive, no discussions are focused around purely rehabilitative programmes, defunding the police or penal abolition. This is not criminology.

The problem with all of the ideas contained within the preceding paragraphs, is they are entirely negative. Criminology despite its focus on crime, criminality and criminalisation, has a positive focus, motivated by empathy and non-violence, if not pacifism. It is about trying to understand complexity and nuance in human and institutional behaviour. It is not interested in simplistic, quick fire, off the cuff answers for crime. It is forward looking, unconcerned with the status quo and more focused on what ought or might be. It intrinsically has social justice at its heart, an overwhelming desire for fairness for everyone, not just some. This is criminology.

This month is Gypsy, Romany, Traveller History Month, this week is also Refugee Week. Both are groups rarely treated fairly, they are criminalised and subjected to victimisation by individuals, institutions and the State. Their narratives have profound importance to our society. These experiences are far more central to Criminology than who Jack the Ripper might have been. This is criminology.

Also the beginning of this week marked the fourth anniversary of the disaster at Grenfell Tower. The graffiti above (I know, @5teveh and @jesjames50!) seems to capture the feelings of many when we consider this horrific tragedy. I taught for the first time on Grenfell in 2020/2021 and again this year. Both times I have been wracked with huge concerns around whether it was appropriate (many of our students are intimately connected), whether it was too soon and whether I could teach around the disaster with sensitivity. Running counter to this was a strong belief that criminology had a duty to acknowledge the disaster and enable our students to also make sense of such horror. In classes we have utilised poetry, music, graffiti and testimony in sessions to give us all space to consider how we can respond as a society. The biggest question of all, is what would justice look like for the bereaved, the survivors, friends, families and neighbours, the first responders? Some of that discussion is focused on the Grenfell Inquiry but far more is on how we can support those involved, what kind of advocacy can we engage with and how we can all raise our voices. As a society we cannot bring the dead back to life, but we can insist that the survivors and their families get meaningful answers. We can also insist that we make room for these individuals and families to have their voices heard. We can demand that fundamental changes are made so that disasters like these do not happen again. That we learn valuable lessons. This is criminology.

Unfortunately, experience tells us that previous victims of similarly horrible disasters do not receive anything that approximates justice, consider the events at Hillsborough in 1989. Likewise, as a society we do not seem able to learn lessons from inquiries, think about the deaths of Victoria Climbié and Peter Connelly. Nevertheless, as humans we have huge capacity for change, we do not need to keep repeating the same behaviours ad nauseum. As scholars of criminology we are well placed to argue for this change, to understand holistically, the complexities of crime and deviance, to empathise and to make space for marginalised voices to be heard. In addition we must be prepared to challenge and advocate for change. Some of us may be pacifist in orientation, but we must never be passive! This is Criminology.

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?

“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

When I grow up what will I be?

A 6 months old @flowerviolet

Wherever I go in life, whatever I do, as long as I am helping others and making a positive difference, I will be happy”

For many years, that has been my take on looking for jobs – helping people, and making a positive difference.

What will I do with my life? Where will life lead me? I’ll say my prayers, and find out!

As a child (between 5-9 years old), I wanted to be a nurse; I have a caring nature, and love helping people! Imagining myself in a nurse’s uniform, and putting bandages on patients and making them better, was something I dreamed about.

Life moves forward, and at the age of 13 I wanted to be so much!

I considered becoming a teacher of either English or Religious Studies. At 13, I loved English and learning about all world faiths. It fascinated me! My teacher had a degree and masters from Oxford University; and I absorbed everything I could! Religious Studies was my favourite subject (alongside art, drama and English) I also had my first, most profound spiritual experience, deepening my Catholic faith (written in more detail in chapter 1 of Everyday Miracles).

My hobbies included reading, writing and drawing. Throughout my teenage years, I devoured the Harry Potter books, the Lord of the Rings books, and Phillip Pullman’s His Dark Materials books. I had a library card, and would borrow books from the library in my village and would read regularly at home. I wanted to be an artist and author, and would often write poetry and short stories, and kept a sketchbook to do drawings in. I dreamed of being a published author, and to be an artist – however, these were seemingly beyond my reach. I prayed to God, that I would be able to fulfil these life ambitions one day.

Alongside of this, I also did some charity work – any change that I got from my lunches, I would put in an empty coffee jar and save them up. I was given the rather cruel nickname, ‘penny picker’, which resulted in bullying from people across different year groups, because I picked up pennies off the floor and put them in my charity pot. Though I did get a mention in the school newsletter stating that the money I raised amounted to quite a large sum, and went to CAFOD, and a homeless charity. I have always done charity work, and still do charity work today!

In school, there were 2 sets in each year; the A-band and the B-band. The A-band were the high academic performers, and those who got high grades. The B-band was the lower set… the set which I was in… This meant that when it came to picking GCSEs, I could only choose 2, not 3, which the A-band students were able to do.

In my Citizenship and Religious studies lessons, I began learning more about the globalized world, human rights, and social issues. Here, I learned in great detail about slavery (slightly covered in history too), prejudice and discrimination, the Holocaust, and 3rd world issues, such as extreme poverty, deprivation, and lack of basic human necessities, such as water, food and sanitation. We even touched upon the more horrific human rights abuses such as extraordinary rendition, religious persecution, torture, and rape and sexual violence.

My ambitions began to evolve more, and I dreamed of becoming a lawyer and even a judge. I wanted to serve justice, make communities safer, and to do more to combat these issues. With my soft heart, and a love of helping people, I knew that being a lawyer would help with doing this!

Moving forward to Year 10; choosing my GCSEs…. I spoke with one of the school heads, and asked for advice. I was still adamant on being a lawyer, and so was advised to do drama and history. Drama as it would boost my confidence, public speaking and expressive skills. History, because of the analytical thinking and examination of evidence that lawyers need when presenting their arguments. I was very happy with this! I loved drama and I enjoyed history – both the teachers were great and supportive!

At the age of 15, I was diagnosed with Asperger Syndrome – this explained so much about me and my idiosyncrasies. Ironically, it was my drama and my history teacher who picked up on it, due to my odd gait, social skills, and how I processed information. At parents’ evening, both teachers discussed with my mum about the diagnosis, and getting support. It was a big shock when I spoke with each of my teachers individually about the diagnosis.

At the end of doing my GCSEs, I was a pretty average student with mostly C grades. When it came to picking A-levels, I was unable to to the subjects that I really wanted to do…. Philosophy, Theology, Law and Psychology…. After a few weeks of battling and trying to get onto a course that would accept me, I ended up doing Travel and Tourism, A-level Media, Applied Sciences and Forensics (which had a criminology module), and, in Year 13, I took on an Extended Project, to boost my chances of getting into university.

I felt somewhat disillusioned… I’m studying courses that will only accept me because of my grades – an odd combination, but a chance to learn new things and learn new skills! In my mind, I wondered what I would ever do with myself with these qualifications…

Deciding to roll with it, I went along. I was much more comfortable in my Sixth Form years as I learned to embrace my Asperger’s, and started being included in different socials and activities with my peers.

Those 2 years flew by, and during my science course, when I did the criminology unit, I was set on studying that joint honors at a university. Criminology gripped me! I loved exploring the crime rates in different areas, and why crime happens (I had been introduced briefly to Cesare Lombroso, and the Realist theories). I have always loved learning.

Fast forward, I decided to go to Northampton University to do Criminology and Education, and even had the hope that I may be able to get a teaching job with the education side. However, due to an education module no longer being taught, I majored in Criminology.

However, in my second year of studies, I did a placement at a secondary special needs college, and helped the children with their learning! All the children would have a day at a vocational training centre doing carpentry, arts and crafts, and other hands on and practical courses. Back in their classrooms, they had to write a log of what they learned. The students I helped were not academic, and so I would write questions on the board to guide them with their log writing, and would write words that they struggled to spell – my opportunity to help students with their education! Later in life, I worked as a Support Worker for students with additional needs at both Northampton, and Birmingham City University, so still learning whilst helping others.

July 2015, I graduated with a 2:1 in my degree, and I had been encouraged to do an LLM in International Criminal Law and Security – a degree in law! It was unreal! From being told I could not do A-level law, here, I was able to do a masters in law! I applied for the Santander Scholarship, and got enough money to cover my course and some living costs – basically, a Masters degree for free!

During those 2 years of being a part time post graduate, I set up and ran the Uni-Food Bank Team and continued with running Auto-Circle Spectrum Society. January 2016 saw a downward dive in my mental health and I was diagnosed with severe depression (When the Darkness Comes).

I learned to cope and found my own way of healing myself through art and painting (which I later began painting on canvasses and sold at arts and crafts fayres).

February 2018 – I graduate with my LLM; the first on my dad’s side of the family to go to university, and on my mum’s side, the first to have a masters’ degree.

Going back to the question of this blog; When I grow up, what will I be?

I will be everything that I ever wanted to be! I am now a published author (mentioned at the start of the blog), have done freelance writing and art (everything I have written on every platform used can be accessed here: Blog Home Page: Other Writing Pieces)! I got a degree in Criminology with Education, and a Masters degree in International Criminal Law and Security!

I have have utilised my knowledge of human rights to fight for the rights of Persecuted Christians, political and social activists, and write to someone on death row too! (Serving Our Persecuted Brothers and Sisters GloballyI See YouPrisoners of ConscienceWithin Grey Walls

I still do loads of charity work, and support my local food bank along the side too! (Brain Tumor Research; Helping Those in Need)

It’s safe to say that God answered every single one of my prayers, and even gave me strength in some circumstances!

Currently, I am working as the administrator of an an addiction recovery unit in my home village! A job I thoroughly enjoy – it is challenging, my colleagues are the funniest bunch I have ever met! I have learned so much, and am thriving!

Most importantly, as I’ve grown up, I’ve learned to be happy, learned to overcome all odds that are against me, and to always help others regardless of the circumstance. I’ve learned to be compassionate and strong ❤

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

A utilitarian argument for human rights

https://www.flickr.com/photos/46452859@N03

I am minded to write something about both utilitarianism and human rights as a consequence of watching the news the other night.  Two separate but linked news articles struck a chord.  The first about police being heavy handed in applying the emergency laws surrounding the restricting of movement and the second about the emergency laws being passed to suspend jury trials in Scotland.  Both have an impact in respect of human rights.

Turning to the first, the complaint is that the police across England and Wales have in some cases been disproportionate in their dealing with the public when attempting to manage the restrictions around movement.  The example shown was the uploading of videos onto social media depicting people walking around the Peak District.  The captions simply asked whether the trip was necessary.

The government guidance is pretty clear regarding staying at home but perhaps is a little less clear about travelling to a location to partake in exercise. I must admit though I am a little perplexed at the accusation of heavy handedness.  The Human Rights Act 1998 provides for a right to life and it has been held that the government and its agencies have a positive obligation to facilitate this. There are of course some caveats as it would be almost impossible to ensure this in all circumstances.  There is no doubt that people are dying from Covid-19.  The approach to enforce social distancing, presently predominantly through information and the reliance on responsibility and good will, seems to be the only current viable approach to combating this killer.  The curtailment of some Human Rights is it seems necessary to ensure the greater good and to preserve life.  The latter of course is a primary duty that most police officers would recognise.  The greater good for the many is it seems compatible with a key principle of human rights.

Turning to the second news article.  The right to a fair trial is a fundamental human right.  The suspension of a jury may be against longstanding legal principles but, the Human Rights Act does not specify that the trial should be before a jury, merely an independent judge.  The argument could be made that trials should be suspended but this might be impinging on rights in respect of defendants being held in custody awaiting trial. The convening of a jury would flout the rationale behind current legislation in place to enforce social distancing and would quite simply be contrary to obligations to protect life.

The notions of utilitarianism are often viewed as in conflict with individual rights and therefore the Human Rights Act.  Many see the two as incompatible, one relates to the many and the other the individual. This argument though fails to have vision, it is not truly consequentialist.  Human Rights are utilitarian in their very nature.  Is it not to the greater good that people have a right to life, a right to freedom of association, a right to a fair trail to name but a few?  Should it not be considered that every individual case that is examined under the Human Rights Act has consequences for the many as well as the individual? A breach of the Act if unchallenged opens the way for abuses by governments and their agencies, it is utilitarian in nature, it is there for the greater good, not just the individual circumstances that are being examined. But should we also not consider that there is a need to prioritise rights, particularly in the circumstances the country and world finds itself in?  Some parts of the Act are in clearly on occasions, incompatible with others. Curtailment of some freedoms and rights is necessary for the greater good but more importantly, it is necessary to save lives, perhaps even the life of the individual complaining of the curtailment.  We can but hope that amidst all of this, good sense prevails.

What’s in the future for criminology?

This year marks 20 years that we have been offering criminology at the University of Northampton and understandably it has made us reflect and consider the direction of the discipline.  In general, criminology has always been a broad theoretical discipline that allows people to engage in various ways to talk about crime.  Since the early days when Garofalo coined the term criminology (still open to debate!) there have been 106 years of different interpretations of the term. 

Originally criminology focused on philosophical ideas around personal responsibility and free will.  Western societies at the time were rapidly evolving into something new that unsettled its citizens.  Urbanisation meant that people felt out of place in a society where industrialisation had made the pace of life fast and the demands even greater.  These societies engaged in a relentless global competition that in the 20th century led into two wars.  The biggest regret for criminology at the time, was/is that most criminologists did not identify the inherent criminality in war and the destruction they imbued, including genocide.    

In the ashes of war in the 20th century, criminology became more aware that criminality goes beyond individual responsibility.  Social movements identified that not all citizens are equal with half the population seeking suffrage and social rights.  It was at the time the influence of sociology that challenged the legitimacy of justice and the importance of human rights.  In pure criminological terms, a woman who throws a brick at a window for the sake of rights is a crime, but one that is arguably provoked by a society that legitimises inequality and exclusion. Under that gaze what can be regarded as the highest crime? 

Criminologists do not always agree on the parameters of their discipline and there is not always consensus about the nature of the discipline itself.  There are those who see criminology as a social science, looking at the bigger picture of crime and those who see it as a humanity, a looser collective of areas that explore crime in different guises.  Neither of these perspectives are more important than the other, but they demonstrate the interesting position criminology rests in.  The lack of rigidity allows for new areas of exploration to become part of it, like victimology did in the 1960s onwards, to the more scientific forensic and cyber types of criminology that emerged in the new millennium.   

In the last 20 years at Northampton we have managed to take onboard these big, small, individual and collective responses to crime into the curriculum.  Our reflections on the nature of criminology as balancing different perspectives providing a multi-disciplinary approach to answering (or attempting to, at least) what crime is and what criminology is all about.  One thing for certain, criminology can reflect and expand on issues in a multiplicity of ways.  For example, at the beginning of 21st terrorism emerged as a global crime following 9/11.  This event prompted some of the current criminological debates. 

So, what is the future of criminology?  Current discourses are moving the discipline in new ways.  The environment and the need for its protection has emerge as a new criminological direction.  The movement of people and the criminalisation of refugees and other migrants is another.  Trans rights is another civil rights issue to consider.  There are also more and more calls for moving the debates more globally, away from a purely Westernised perspective.  Deconstructing what is crime, by accommodating transnational ideas and including more colleagues from non-westernised criminological traditions, seem likely to be burning issues that we shall be discussing in the next decade.  Whatever the future hold there is never a dull moment with criminology.   

Empathy Amid the “Fake Tales of San Francisco”*

This time last week, @manosdaskalou and I were in San Francisco at the American Society of Criminology’s conference. This four-day meeting takes place once a year and encompasses a huge range of talkers and subjects, demonstrating the diversity of the discipline. Each day there are multiple sessions scheduled, making it incredibly difficult to choose which ones you want to attend.

Fortunately, this year both of our two papers were presented on the first day of the conference, which took some of the pressure off. We were then able to concentrate on other presenters’ work. Throughout discussions around teaching in prison, gun violence and many other matters of criminological importance, there was a sense of camaraderie, a shared passion to understand and in turn, change the world for the better. All of these discussions took place in a grand hotel, with cafes, bars and restaurants, to enable the conversation to continue long after the scheduled sessions had finished.

Outside of the hotel, there is plenty to see. San Francisco is an interesting city, famous for its Golden Gate Bridge, the cable cars which run up and down extraordinarily steep roads and of course, criminologically speaking, Alcatraz prison. In addition, it is renowned for its expensive designer shops, restaurants, bars and hotels. But as @haleysread has noted before, this is a city where you do not have to look far to find real deprivation.

I was last in San Francisco in 2014. At that point cannabis had been declassified from a misdemeanour to an infraction, making the use of the drug similar to a traffic offence. In 2016, cannabis was completely decriminalised for recreational use. For many criminologists, such decriminalisation is a positive step, marking a change from viewing drug use as a criminal justice problem, to one of public health. Certainly, it’s a position that I would generally subscribe to, not least as part of a process necessary to prison abolition. However, what do we really know about the effects of cannabis? I am sure my colleague @michellejolleynorthamptonacuk could offer some insight into the latest research around cannabis use.

When a substance is illegal, it is exceedingly challenging to research either its harms or its benefits. What we know, in the main, is based upon problematic drug use, those individuals who come to the attention of either the CJS or the NHS. Those with the means to sustain a drug habit need not buy their supplies openly on the street, where the risk of being caught is far higher. Thus our research population are selected by bad luck, either they are caught or they suffer ill-effects either with their physical or mental health.

The smell of cannabis in San Francisco is a constant, but there is also another aroma, which wasn’t present five years ago. That smell is urine. Furthermore, it has been well documented, that not only are the streets and highways of San Francisco becoming public urinals, there are also many reports that public defecation is an increasing issue for the city. Now I don’t want to be so bold as to say that the decriminalisation of cannabis is the cause of this public effluence, however, San Francisco does raise some questions.

  1. Does cannabis cause or exacerbate mental health problems?
  2. Does cannabis lead to a loss of inhibition, so much so that the social conventions around urination and defecation are abandoned?
  3. Does cannabis lead to an increase in homelessness?
  4. Does cannabis increase the likelihood of social problems?
  5. Does the decriminalisation of cannabis, lead to less tolerance of social problems?

I don’t have any of the answers, but it is extremely difficult to ignore these problems. The juxtaposition of expensive shops such as Rolex and Tiffany just round the corner from large groups of confused, homeless people, make it impossible to avoid seeing the social problems confronted by this city. Of course, poor mental health and homelessness are not unique to San Francisco or even the USA, we have similar issues in our own town, regardless of the legal status of cannabis. Certainly the issue of access to bathroom facilities is pressing; should access to public toilets be a right or a privilege? This, also appears to be a public health, rather than CJS problem, although those observing or policing such behaviour, may argue differently.

Ultimately, as @haleysread found, San Francisco remains a City of Contrast, where the very rich and the very poor rub shoulders. Unless, society begins to think a little more about people and a little less about business, it seems inevitable that individuals will continue to live, eat, urinate and defection and ultimately, die upon the streets. It is not enough to discuss empathy in a conference, no matter how important that might be, if we don’t also empathise with people whose lives are in tatters.

*Turner, Alex, (2006), Fake Tales of San Francisco, [CD]. Recorded by Arctic Monkeys in Whatever People Say I Am, That’s What I’m Not, The Chapel: Domino Records

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