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Doing the right thing
It seems that very often, the problem with politics in this country is that it gets in the way of doing the right thing. Despite the introduction of the The Seven Principles of Public Life known as the Nolan Principles, politicians (not all of them of course, but you will have seen ample examples) still seem to be hell bent on scoring political advantage, obfuscating on matters of principle and where possible avoiding real leadership when the country is crying out for it. Instead, they look to find someone, anyone, else to blame for failures that can only be described as laying clearly at the door of government and at times the wider institution of parliament.
One example you may recall was the complete farce in parliament where the speaker, Sir Lyndsay Hoyle, was berated for political interference and breaking the rules of the house prior to a debate about a ceasefire in Gaza. It became quite obvious to anyone on the outside that various political parties, Conservatives, Labour and the Scottish National Party were all in it to score points. The upshot, rather than the headlines being about a demand for a ceasefire in Gaza, the headlines were about political nonsense, even suggesting that the very core of our democracy was at stake. Somehow, they all lost sight of what was important, the crises, and it really is still a crisis, in Gaza. Doing the right thing was clearly not on their minds, morals and principles were lost along the way in the thrust for the best political posturing.
And then we come to the latest saga involving political parties, the WASPI women (Women Against State Pension Inequality) campaign. The report from the Parliamentary and Health Service Ombudsman has ruled that the Department for Work and Pensions (DWP) “failed to provide accurate, adequate and timely information” about changes to pension ages for women. The report makes interesting reading. In essence, it accuses the DWP of maladministration on several counts.
The Pensions Act 1995 changed the way in which women could draw their pensions in an effort to equalise the age with men. A timetable was drawn up raising the qualifying age for women from 60 to 65, with the change phased in between 2010 and 2020. However, under the Pensions Act 2011, the new qualifying age of 65 for women was brought forward to 2018. The report acknowledges that the DWP carried out campaigns from 1995 onwards but in 2004 received results of research that a considerable number of affected women still believed that their retiring age was 60. Unfortunately, through prevarication and for some quite inexplicable reasoning the women affected were not notified or were notified far too late. There was a calculation carried out that suggested some women were not told until 18 months before their intended retirement date. The matter was taken before the courts but the courts ruling did nothing to resolve the issue other than providing a ruling that the DWP were not required by law to notify the women.
You can read about the debacle anywhere on the Internet and the WASPI women have their own Facebook page. What seems astounding is that both the Government and the opposition have steadfastly avoided being drawn on the matter of compensation for these women. I should add that the maladministration has had serious detrimental impacts on many of them. Not even a sorry, we got it wrong. Instead we see articles written by right wing Conservatives suggesting the women had been provided with ample warning. If you read the report, it makes it clear that provisions under the Civil Service Code were not complied with. It is maladministration and it took place under a number of different governments.
Not getting it right in the first instance was compounded by not getting it right several times over later on. It seems that given the likely cost to the taxpayer, this maladministration is likely, like so many other cock ups by government and its agencies, to be kicked into the long grass. Doing the right thing is a very long, long way away in British politics. And lets not forget the Post Office scandal, the infected blood transfusion scandal and the Windrush scandal to name but a few. So little accountability, such cost to those impacted.
- The quotation in the image is often wrongly misattributed to C. S. Lewis. ↩︎
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Justice or Just Another One?
Luckily I’ve never been one for romantic movies. I always preferred a horror movie. I just didn’t know that my love life would become the worst horror movie I could ever encounter. I was only 18 when I met the monster who presented as a half decent human being. I didn’t know the world very well at that point and he made sure that he became my world. The control and coercion, at the time, seemed like romantic gestures. It’s only with hind sight that I can look back and realise every “kind” and “loving” gesture came from a menacing place of control and selfishness. I was fully under his spell. But anyway, I won’t get into every detail ever. I guess I just wanted to preface this with the fact that abuse doesn’t just start with abuse. It starts with manipulation that is often disguised as love and romance in a twisted way.
This man went on to break me down into a shell of myself before the physical abuse started. Even then, him getting that angry was somehow always my fault. I caused that reaction in his sick, twisted mind and I started to believe it was my fault too. The final incident took place and the last thing I can clearly recall is hearing how he was going to cave my head in before I felt this horrendous pressure on my neck with his other hand keeping me from making any noise that would expose him.
By chance, I managed to get free and RUN to my family. Immediately took photos of my injuries too because even in my state, I know how the Criminal Justice System would not be on my side without evidence they deemed suitable.
Anyway, my case ended up going to trial. Further trauma. Great. I had to relive the entire relationship by having every part of my character questioned on the stand like I was the criminal in this instance. I even got told by his defence that I had “Histrionic Personality Disorder”. Something I have never been diagnosed with, or even been assessed for. Just another way the CJS likes to pathologise women’s trauma. Worst of all, turns out ‘Doctor Defence’ ended up dropping my abuser as he was professionally embarrassed when he realised he knew my mother who was also a witness. Wonderful. This meant I got to go through the process of being criminalised, questioned, diagnosed with disorders I hadn’t heard of at the time, hear the messages, see the photos ALL over again.
Although “justice” prevailed in as much as he was found guilty. All for the sake of a suspended sentence. Perfect. The man who made me feel like he was my world then also tried to end my life was still going to be free enough to see me. The law wasn’t enough to stop him from harming me, why would it be enough to stop him now?
Fortunately for me, it stopped him harming me. However, it did not stop him harming his next victim. For the sake of her, I won’t share any details of her story as it is not mine to share. Yet, this man is now behind bars for a pretty short period of time as he has once again harmed a woman. Evidently, I was right. The law was not enough to stop him. Which leads me to the point of this post, at what stage does the CJS actually start to take women’s pleas to feel safe seriously? Does this man have to go as far to take away a woman’s life entirely before someone finally deems him as dangerous? Why was my harm not enough? Would the CJS have suddenly seen me as a victim, rather than making me feel like a criminal in court, if I was eternally silenced? Why do women have to keep dying at the hands of men because the CJS protects domestic abusers?”
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What cost justice? What crisis?
The case of Andrew Malkinson represents yet another in the long list of miscarriages of justice in the United Kingdom. Those that study criminology and those practitioners involved in the criminal justice system have a reasonable grasp of how such cases come about. More often than not it is a result of police malpractice, negligence, culture and error. Occasionally it is as a result of poor direction in court by the trial judge or failures by the CPS, the prosecution team or even the defence team. The tragic case of Stefan Kiszko is a good example of multiple failures by different bodies including the defence. Previous attempts at addressing the issues have seen the introduction of new laws such as the Police and Criminal Evidence Act 1984 and the Criminal Procedure and Investigations Act 1996. The former dealing in part with the treatment of suspects in custody and the latter with the disclosure of documents in criminal proceedings. Undoubtedly there have been significant improvements in the way suspects are dealt with and the way that cases are handled. Other interventions have been the introduction of the Crown Prosecution Service (CPS), removing in part, charging decisions from the police and the introduction of the Criminal Cases Review Commission (CCRC) to review cases where an appeal has been lost but fresh evidence or information has come to light.
And yet, despite better police training regarding interviews and the treatment of suspects, better training in investigations as a whole, new restrictive laws and procedures, the independence of the CPS, the court appeal system and oversight by a body such as the CCRC, miscarriages of justice still occur. What sets the Malkinson case aside from the others appears to be the failure of the CCRC to take action on new information. The suggestion being that the decision was a financial one, with little to do with justice. If the latter is proved to be true, we will of course have to wait for the results of the inquiry, then how can anyone have any confidence in the justice system?
Over the years we have already seen swingeing cuts in budgets in the criminal justice system such that the system is overloaded. Try to pop into the local police station to make a complaint of a crime, you won’t find a station open to the public. Should you have been unfortunate enough to have been caught for some minor misdemeanour and need to go to magistrates’ court for a hearing, you’ll be lucky if you don’t have to travel some considerable distance to get there, good luck with that if you rely on public transport. Should you be the victim of a more serious crime or indeed charged with a more serious offence, triable in crown court, then you’ll probably wait a couple of years before the trial. Unfortunate if you are the alleged offender and on remand, and if you are the victim, you could be forgiven for deciding that you’d rather put it all behind you and disengage with the system. But even to get to that stage, there has to be sufficient evidence to secure a prosecution and it has to be in the public interest to do so. Your day in court as a victim is likely to be hang on the vagaries of the CPS decision making process. A process that has one eye on the court backlog and another on performance targets. Little wonder the attrition rate in sex offences is so high. Gone are the days of letting a jury decide on occasions where the evidence hangs on little more than one person’s word against the other.
Andrew Malkinson and his legal representative have called for a judicial review, a review where witnesses can be compelled to attend to give evidence and documentary evidence can be demanded to be produced. Instead, the government has said there will be an independent inquiry. On a personal note, I have little faith in such inquiries. My experience is that they are rarely independent of government direction and wishes. Andrew Malkinson’s case is a travesty and the least that can be done is to have a proper inquiry. I suspect though that the Malkinson case might just be the tip of the iceberg. The Criminal Justice System is in crisis but budgetary restraint and political whim seem to be far more important than justice. We can look forward to more finger pointing and yet more reorganisation and regulation.
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Reproductive Healthcare Ramblings
Reproductive health in England and Wales is a shambles: particularly for women and people who menstruate. The failings start early, where, as with most things, stereotypes and ‘norms’ are enforced upon children from GPs, schools, from parents/guardians who have experienced worse, or who do not know any different, which keep children from speaking up. These standards and stereotypes come from a male dominated health care system especially in relation to gynaecology, and our patriarchal society silences children without the children even realising they are being silenced. As a child, you are expected to go about your daily routine, sit your exams, look after your siblings, represent the school at the tournament of the week, and do all this while, for some, bleeding, cramping, being fatigued but not be expected to talk about it. After all, you are told time and time again: it’s normal.
Moving through life, women and people who menstruate face similar stigma, standards, assumptions during adulthood as they faced during childhood. There is more awareness now of endometriosis, adenomyosis, uterine fibroids, Polycystic Ovary Syndrome Condition (PCOS) to name but a few. But women and people who menstruate report feelings of being gaslighted by [male] gynaecologists, encouraged to have children in order to regulate their hormones (pregnancy and childbirth comes with a whole new set of healthcare problems and conditions), to take the contraceptive pill and deal with the migraines, mood swings, weight gain and depression which many women and girls report. Some of the above chronic illnesses impact fertility, so ‘try for a baby’ is not an easy, or even a wanted path. Diagnosis is also complex: for example a diagnosis for endometriosis takes on average 8 years (Endometriosisuk, 2023), and can only be confirmed with surgery. That relies on women and people who menstruate going to their GP, reporting their symptoms, listening to the ‘have you tried the pill’ or ‘having a baby will help manage your symptoms’: which relies on trust. Not everyone trusts the NHS, not everyone feels comfortable being dismissed by a nurse, or GP or then their gynaecologist. Especially when a number of these illnesses are framed and seen as a white-woman illness. Communities of women and people who menstruate remain hidden, dealing with the stigma and isolation that our reproductive health system carries in England and Wales. And this is not a new issue.
The reproductive healthcare for women and people who menstruate is dire. Just ask anyone who has experienced it. What then is it like for women in prison? The pains of imprisonment are well documented: deprivation of goods, loss of liberty, institutionalisation, no security, depreciation of mental health (Sykes, 1958; Carlen, 1983). The gendered pains, fears and harms less so, but we know women in prison are fearful about the deterioration of relationships (especially with children), lack of facilities to support new mothers, physical and sexual abuse, and poor mental and physical health support including reproductive health. The poor reproductive healthcare available to women and people who menstruate within society, is a grade above what is available in prisons. These women are quite literally isolated, alone and withdrawn from society (through the process of imprisonment), and for some, they will become further isolated and withdrawn via the pains of their chronic illness.
There isn’t really a point to this blog: more like a rambling of frustrations towards all the children who will journey through our subpar reproductive healthcare system, who will navigate the stigma and assumptions littered within society. To all the women and people who menstruate who are currently wading through this sh*t show, educating themselves, their family, their friends and in some cases their GPs, those people unable to speak out, not knowing how or simply not wanting to. And to those in the Secure Estate, grappling with the pains of imprisonment and having their reproductive healthcare needs ignored, overlooked or missed.
I haven’t even mentioned menopause…
References:
Carlen, P. (1983) Women’s Imprisonment, Abingdon: Routledge.
Corston, Baroness J. (2007) The Corston Report: A Review on Women with Particular Vulnerabilities in the Criminal Justice System, London: Home office.
Endometriosis UK (2023) Endometriosis Facts and Figures [online] Available at: https://www.endometriosis-uk.org/endometriosis-facts-and-figures#:~:text=Endometriosis%20affects%201.5%20million%20women,of%20those%20affected%20by%20diabetes.&text=On%20average%20it%20takes%208,symptoms%20to%20get%20a%20diagnosis. [Accessed 24th August 2023]
Sykes, G. (1958/2007) The Society of Captives: A Study of a Maximum Security Prison, Princeton: Princeton University Press.
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Tyre Nichols’ last bird’s eye view.
[Spoken Word/Read aloud]
After my death, the New York Times reported that you all gave me “at least 71 commands.”
“Many were contradictory or impossible,” the Times tweeted.
In a mob frenzy throughout the whole ordeal, y’all kept shouting at me over each other.
When I couldn’t comply – and even when I did manage to obey– you…(SMH)
“Responded with escalating force.”
Hmph!
NYT’s tweet is cleverly crafted, with a photo – a bird’s eye view of us from the street camera.
There we see 4 of you hunched down on me, pressing my whole body against the ground.
The 5th thug is lunging toward me with a weapon.
After my death, I wonder how y’all will explain this footage –
Knowing the nature of these viral tweets?
I’ve personally reposted too many posts of Black bodies in my exact position to count.
I know I didn’t have to do anything to get here,
Knowing this brings me no comfort in this moment.
All of your commands ignore my humanity.
I am powerless and yet you persist.
In the many video angles of your fatal attack, we all see that…
Each of you had so many chances to just stop!
I’ve always tried to make sense of such lethal violence.
I try to understand the who, what and why of your attack that led to my death.
You had me pinned and pressed to the ground when you kept barking:
“Get on the ground.”
When you kept yelling, one after the other, “Give me your hands,”
Two or three of you were already bending my arms backward and forward with force.
I contort myself and try to comply, yet
You keep screaming “Stop resisting,” meanwhile,
At the same time, two or three of you are manhandling some part of me, at all times.
At the end when you leaned my beaten-up, bleeding, limp body against your car,
One of you snaps-n-shares pictures of me with colleagues and friends.
He’s proud and reaching out to folks who’ll pat him on the back for his latest accomplishment.
During the whole attack, I notice this is the only time he’s cool. He smiles.
He’s clearly used to this exact same rush, this exact same thrill.
I’m more disappointed than angered by his grin.
Mine is an all-American honor killing –
Most just get shot, but many have been tortured just like me.
We see this is how too many of his brethren defend their shield.
Where was I to go?
Appeal to the other officers on the scene whose negligence is pristine?
I tried to run, you captured me, which provoked more torture; nowhere feels safe.
Why was I being terrorized?
And by you, who’ve pledged to protect us from (this) terrorism and (this) thug behavior.
What was I to do?
Flight, freeze or fight.
I am tiny compared to any one of you, y’alls combat training and y’alls five big bodies built-up for battle.
I am a fly; you act like lords.
“Bruh,” you call me, but there is no evidence of brotherliness here.
Or, does your fraternity honor and practice such sadomasochistic rituals?
I like skateboarding and photography, another magazine writes, trying to digest my senseless murder.
Yet the videos of me captured for the world to see are
“…absent all beauty and sterilized of hope.”
When would this end?
Would I have to die for you to stop.
How had I possibly provoked this attack?
Who was I to obey?
You? You’re no good, like Linda Ronstadt said:
You’re no good. You’re no good. Baby, you’re no gooooooood…..
You’re no good.
Or perhaps good in your god’s eyes?
Or, are you God?
No.
You’re not anybody’s God, but…
You play one out here on these streets.
Now, you’re playing my God… my life is keenly in your fists.
Yes! These unceasing murders that I’ve seen – not just mine now–
Is what makes this place hell on Earth in the here and now.
So perhaps y’all’re just agents of the devil,
A force unleashed from the depths upon these streets.
“Momma,” I cry out as loud as I can, and you continue to holler obscenities at me.
Momma used to say all people are fundamentally good,
But lately, I’ve felt fundamentally unsure, and now I’m convinced.
“I didn’t do anything,” I plea, rolling on the ground with my hands behind my back.
Y’all kick me.
“Mom,” I cry out again.
I will die here alone.
No mother should lose her child like this.
The agony inside now, as I call out to my momma, is not for her help,
But because I can already feel her pain once she hears how I’m dying.
Since momma fought for the public release of the videos of my attack,
My name is a hashtag and we have been written about a plenty.
“Every Black mother knows she is a split second,” one newspaper writes,
“… a quirk of chance, from joining a lineage of suffering that stretches back through Mamie Elizabeth Till-Mobley…”
When she saw y’all in court for my kidnapping, assault, oppression, and murder,
Momma said you didn’t even have the courage to look her in the face.
Cowards.
Momma said you’re gonna see her each time you are called to see the judge.
-END-
Photo:
NPR OBITUARIES: “Tyre Nichols loved skateboarding. That’s how his friends say they’ll remember him.”
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A world without prisons follow-up. A student/staff reflection piece
As a department Criminology has pushed the envelope in promoting discussions around the key disciplinary debates. @franbitalo and myself co-ordinated a conversation where the main focus was to imagine “a world without prisons”. The conversation was very interesting, and we decided to post parts of it as a legacy of the social debates we engage in. The discussion is captured as a series of comments made by the students with some prompts in bold.
The original question stands, can you imagine a world without prisons? First thing first, there is a feeling that prisons will always exist as mechanisms to control our society. Mainly because our society is too punitive and focused on punishment rather than rehabilitation. We live in a society that ideologically sees the prison as the representation of being hard on crime. Further to this point we may never be able to abolish the prison, so it can always remain as the last resort of what to do with those who have harm others. Especially for those in our society who deserve to be punished because of what they did. Perhaps we could reform it or extend the use of the probation service dealing with crime.
In an ideal world prisons should not exist especially because the system seems to target particular groups, namely minorities and people from specific background. It important to note that it does stop people seeking or taking justice into their hands and deflecting any need for vengeance “eye for an eye”. Prison is a punishment done in the name of society, but it does carry political overtones. There are parts of political ideology that support the idea that punishment is meant to make an example of those breaking the law. This approach is deeply rooted, and is impervious to reform or change. Which can become one of the biggest issues regarding prisons.
Then there is the public’s view on prisons. When people hear that prisons will go they will be very unhappy and even frightened. They will feel that without prisons people will go crazy and commit crimes without any consequences. Society, people feel, will go into a state of anarchy where vigilantism will become the acceptable course of action. This approach becomes more urgent when considering particular types of criminals, like sex offenders and in particular, paedophiles. Regardless of the intention of the act, these types of crime cause serious harm that the victim carries for the rest of their lives. The violation of trust and the lack of consent makes these crimes particularly repulsive and prison worthy. How about child abduction? Not sure if we should make prison crime specific. That will not serve its purpose, instead it will make it the dumping ground for some crime categories, sending a message that only some people will go to prison.
Will that be the only crime category worthy of prison? In an ideal world, those who commit serious financial crimes should be going to prison, if such a prison existed. Again, here if we are considering harm as the reason to keep prisons open these types of crime cause maximum harm. The implication of white-collar crime, serious fraud and tax evasion deprive our society of taxes and income that is desperately needed in social infrastructure, services and social support. Financial crime flaunts the social contract and weakens society. Perhaps those involved should be made to contribute reparations. The prison question raises another issue to consider especially with all the things said before! Who “deserves” to go to prison. Who gets to go and who is given an alternative sentence is based on established views on crime. There are a lot of concerns on the way crime is prioritised and understood because these prioritisations do not reflect the reality of social disorder. Prison is an institution that scapegoats the working classes. Systematically the system imprisons the poor because class is an imprisonable factor; the others being gender and race.
If we keep only certain serious crimes on the books, we are looking at a massive reduction in prison numbers. Is that the way to abolitionism? The prison plays too much of a role in the Criminal Justice System to be discounted. The Industrial Prison Complex as a criminological concept indicates the strengths of an institution that despite its failings, hasn’t lost its prominence. On the side of the State, the establishment is a barrier to any reform or changes to this institution. Changes are not only needed for prison, but also for the way the system responds to the victims of crime as well. Victims are going through a process of re-victimisation and re-harming them. This is because the system is using the victims as part of the process, in giving evidence. If there is concern for those harmed by crime, that is not demonstrated by the strictness of the prison.
As a society currently we may not be able to abolish prisons but we ought to reduce the harm punishment has onto people. In order to abolish prisons, the system will have to be ready to allow for the change to happen. In the meantime, alternative justice systems have not delivered anything different from what we currently have. One of the reasons is that as a society we have the need to see justice being served. A change so drastic as this will definitely require a change in politics, a change in ideology and a change in the way we view crime as a society in order to succeed. The conversation continues…
Thank you to all the participating students: Katja, Aimee, Alice, Zoe, Laura, Amanda, Kayleigh, Chrissy, Meg, and Ellie also thank you to my “partner in crime” @franbitalo.
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The Good Doctor has me thinking…
Recently I have begun watching ABC’s The Good Doctor, which is a medical drama based in the fictional, yet prestigious, San Jose St Bonaventure Hospital and follows the professional and personal journeys of a number of characters. The show is based on a South Korean tv medical drama called Good Doctor and is produced by Daniel Dae Kim and developed by David Shore (creator of House). The main character is Dr Shaun Murphy who has Autism. He is a surgical resident in the early seasons and the show focuses on how Dr Murphy navigates his professional and personal life, as well as how the hospital and other doctors, surgeons, nurses and patients navigate Dr Murphy’s style of communication and respond to him. As a medical drama, in my humble opinion, it is highly entertaining with the usual mix of interesting medical cases and personal drama required. The characters are also relatable in a number of different areas. As a springboard for a platform to talk about equality, equity and fairness, it is accessible and thought-provoking.
A key focus of the programme is the difficulty Dr Murphy has with communication. Well, I say difficulty in communicating, but in actuality I would say he communicates differently to what is recognised as an ‘accepted’ or ‘normal’ form of communication. Dr Murphy struggles to express emotions and becomes overwhelmed when things change and are not within his controlled environment. A number of his colleagues adapt their responses and ways of interacting with him in order to support and include him, whereas others do not and argue that despite his medical brilliance, and first-rate surgical skills, he should not be treated differently to the other surgical residents, as this is deemed unfair.
Whilst watching, the claims of treating all surgical residents equally, and ensuring the hospital higher-ups are being fair; notions of John Rawls’ writing scream out at me. Students who have studied Crime and Justice should be familiar with Rawls’ veil of ignorance, liberty principles and difference principle, in particular with its reference to ‘justice’. But the difference principle weighs heavily when looking at how Dr Murphy functions within the hospital institution with its rules, procedures and power dynamics which clearly benefit and align with some people more so than others. Under the veil of ignorance, maybe an empathetic doctor or surgeon is not required, but a competent and successful one is? Maybe being empathetic is a personal circumstance rather than an objective trait? For Rawls, it is important that the opportunity to prosper is equal for all: and this might mean the way this opportunity is presented is different for different individuals. Rawls asks us to consider a parallel universe and what could be (a popular stance to take within the philosophical realm): why can’t people with autism be given the chance to save lives and perform surgeries just because they cannot communicate in a way deemed ‘the norm’ when dealing with patients.
It is possible that I am over-thinking this. And when I ask my partner about it, they raise questions about why Dr Murphy should be given different opportunities to the other residents and the harm Dr Murphy’s communication barriers could and do cause within the series. But I feel they are missing the point: it is not about different opportunities, its about different methods to ensure they all have the same opportunity to succeed as surgeons. It is not about treating everyone the same, which might on the surface appear to be fair, it is about recognising that equal treatment involves taking account for the differences. Why should Dr Murphy be measured against norms and values from an institution which is historically white, non-disabled, male, and cis-gendered? This might appear to be a lot of thought for a fictional medical drama, but to reiterate it’s an excellent programme with plenty to think about…
Bibliography:
Rawls, J. (1971) A Theory of Justice. Oxford: Oxford University Press.
Ryan, A. (1993) Justice. Oxford: Oxford University Press.
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What’s happened to the Pandora papers?
Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.
We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.
These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span.
To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.
While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.
I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’. I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.
References
BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)
Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge
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No ways tired: Miss Lillie, arrested with Mrs. Parks.
12 September 2021
Visit to the Equal Justice Initiative Museum, From Enslavement to Mass Incarceration.
Near the end of the EJI’s newly expanded museum, there is a wall of slightly larger than life-size mugshots of folks arrested alongside Mrs. Rosa Parks in just another local act of civil disobedience. I’ve rarely seen a more earnest collection of everyday people, not unlike the folks around me as I get to know Montgomery today.
Mugshots.
Men in suits, ladies sporting pretty hats in their Sunday best.
Farmers in overalls and working women in neat dresses.
Learned-looking men with glasses, and fancy tiepins.
Young men in sleek fedoras and two or three older men in derbies.
Another man wears a skullcap.
Meaningful women and men of age, of reconstruction age, whom we imagine had by then seen every intimate and public side of Jim and Jane Crows’ wickedness.
They were representin’.
The only thing they seem to have in common is their determination.
(Sigh).
I found myself face-to-face and fixated with
Miss Lillie Bell Robinson.
She sat,
Framed,
With her arms,
Crossed.
Double-crossed.
With her head,
Tilted,
With her expression, tired, but
Also, a particular squint in her eye – or perhaps a gleam – that betrays her obvious fatigue,
As if saying: “No ways tired.”
I moan in tune, and
This somehow keeps my knees from buckling under the weight of it all, since
The preceding exhibits have already taken us along a long timeline where
Every glimpse of justice gets trampled upon –
Again, and again.
I sigh and see why they are tired.
On that day, did Miss Lillie know that much more violence, much more real intensified violence was yet to come?
This was the mid-50’s, and
Could Miss Lillie have imagined that:
Just 5-6 years later,
Freedom Riders from the north would arrive around the corner,
Riding federally desegregated, public coaches, and
The same local sheriffs would stand by, and
Let them get beaten, assaulted, brutally, and
Battered by white-hot mobs –
Only to arrest the so-called outside agitators?
Probably all of you, Miss Lillie, were battered by many of the same hands, and
Abandoned by many of the same actors of local justice.
I estimate Miss Lillie to be my grandparents’ age, and
By that day, they’d already fled and made their way to Kentucky.
I am wondering where Miss Lillie is now – right now?
(I take a deep sigh and realize that I’ve not yet reached the mass incarceration part of the museum, and ultimately just skimmed on by.
Graciously, the final exhibit is a “Recovery room,” a hall of walls of portraits,
which we might also call “mugshots,”
As each face had all, actively, over centuries,
Activated against oppression.
I recognized writers, musicians, poets, painters, politicians, preachers, teachers, activists of all flavors, and
After the weight of the truth shown in each timeframe, this left me feeling full of joy.
And, I moaned along with the tunes, there, too.
That day,
She’d had had enough, and
Though reluctant before,
Somehow now,
Miss Lillie could no longer stand by, and
Just wait for justice, and
Just go on about her own merry way, and
Pretend like this is ok, and
Adjust to the insanity of segregation, and
The very look on her face said this is “why we can’t wait.”
Her face calm, but
Twisted.
The mug shot ID, hanging around her neck like a shackle: #7010.
Business as usual, and for sure somebody’s gettin’ paid.
So, she not knowing.
She, not knowing if this all will work.
If getting arrested today mattered.
If any of this is worth it.
If this time change is coming,
having nothing left but Faith…
in herself, in others, and
Somehow faith in her nation… to do the right thing,
Despite this day, and
In spite of the many apparent setbacks, and
A million everyday,
Tiny little cuts.
We rise.
That day, Miss Lillie rose to the occasion.
She and all these others stepped up so we could step out, and
Step in here now,
Free to learn about each step along our legacy of peace.
I’m now in awe of Miss Lillie, and
Take a step back and
Smile at her, and
Take in the glory of this sensation.
Hats off to you, Miss Lillie.
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Meet the Team: Paul Famosaya, Lecturer in Criminology
Hi all! My name is Dr Paul Famosaya and I have just joined UoN as a Lecturer in criminology. Prior to joining UoN, I have taught as a Lecturer in criminology and policing at the University of Cumbria – where I contributed to the development and running of modules at both Undergraduate and Masters level. In addition, I have taught criminology at Middlesex University, London as an HP Lecturer (during my PhD days). So, over the years really, I have developed and taught a variety of modules around the theories of crime, the crimes of the powerful, global dimensions of crime, policing, new ideas in criminology, crimes & deviance, social exclusion, criminological frameworks etc. I also serve as a reviewer of a few international reputable journals.
In terms of my academic background, I completed my undergraduate degree in Nigeria, 2010 and then went straight on to complete my Masters in Criminology at Middlesex University, London. I then dived straight in to my PhD, which I completed also at Middlesex in 2019 – with my thesis focusing on police experiences, actions and practices.
I came into the world of Criminology simply for my interest in understanding the logic of corruption and the network of greed. I realised that these two components are largely the foundational problems of my home country Nigeria, and many other countries. So, the plight to unravel these dynamics from both institutional and personal level triggered my interest in the discipline. To a large extent, this interest has continued to strengthen my area of specialisation which concentrates largely on the areas of Critical and Theoretical criminology, Police culture, Social harms and Injustice. Criminology is something I’ve really enjoyed doing and while I have taught it for many years, I still consider myself to be a student of Criminology really.
I am currently completing another article on pandemics and criminology – so it’ll be cool to chat with colleagues looking at similar area(s). Looking forward to meeting everyone soon!
Thoughts from the criminology team 