Home » Judge
Category Archives: Judge
What price justice?
Having read a colleague’s blog Is justice fair?, I turned my mind to recent media coverage regarding the prosecution rates for rape in England and Wales. Just as a reminder, the coverage concerned the fact that the number of prosecutions is at an all-time low with a fall of 932 or 30.75% with the number of convictions having fallen by 25%. This is coupled with a falling number of cases charged when compared with the year 2015/16. The Victims’ Commissioner Dame Vera Baird somewhat ironically, was incensed by these figures and urged the Crown Prosecution Service to change its policy immediately.
I’m always sceptical about the use of statistics, they are just simple facts, manipulated in some way or another to tell a story. Useful to the media and politicians alike they rarely give us an explanation of underlying causes and issues. Dame Vera places the blame squarely on the Crown Prosecution Service (CPS) and its policy of only pursuing cases that are likely to succeed in court. Now this is the ironic part, as a former Labour member of parliament, a minister and Solicitor General for England and Wales, she would have been party to and indeed helped formalise and set CPS policy and guidelines. The former Labour Government’s propensity to introduce targets and performance indicators for the public services knew no bounds. If its predecessors, the Conservatives were instrumental in introducing and promulgating these management ideals, the Labour government took them to greater heights. Why would we be surprised then that the CPS continue in such a vein? Of course, add in another dimension, that of drastic budget cuts to public services since 2010, the judicial system included, and the pursuit of rationalisation of cases looks even more understandable and if we are less emotional and more clinical about it, absolutely sensible.
My first crown court case involved the theft of a two-bar electric fire. A landlady reported that a previous tenant had, when he moved out, taken the fire with him. As a young probationary constable in 1983, I tracked down the culprit, arrested him and duly charged him with the offence of theft. Some months later I found myself giving evidence at crown court. As was his right at the time, the defendant had elected trial by jury. The judicial system has moved a long way since then. Trial by jury is no longer allowed for such minor offences and of course the police no longer have much say in who is prosecuted and who isn’t certainly when comes to crown court cases. Many of the provisions that were in place at the time protected the rights of defendants and many of these have been diminished, for the most part, in pursuit of the ‘evil three Es’; economy, effectiveness and efficiency. Whilst the rights of defendants have been diminished, so too somewhat unnoticed, have the rights of victims. The lack of prosecution of rape cases is not a phenomenon that stands alone. Other serious cases are also not pursued or dropped in the name of economy or efficiency or effectiveness. If all the cases were pursued, then the courts would grind to a halt such have been the financial cuts over the years. Justice is expensive whichever way you look at it.
My colleague is right in questioning the fairness of a system that seems to favour the powerful, but I would add to it. The pursuit of economy is indicative that the executive is not bothered about justice. To borrow my colleague’s analogy, they want to show that there is an ice cream but the fact that it is cheap, and nasty is irrelevant.
Share this:
The roots of criminology; the past in the service of the future;
In a number of blog posts colleagues and myself (New Beginnings, Modern University or New University? Waterside: What an exciting time to be a student, Park Life, The ever rolling stream rolls on), we talked about the move to a new campus and the pedagogies it will develop for staff and students. Despite being in one of the newest campuses in the country, we also deliver some of our course content in the Sessions House. This is one of the oldest and most historic buildings in town. Sometimes with students we leave the modern to take a plunge in history in a matter of hours. Traditionally the court has been used in education primarily for mooting in the study of law or for reenactment for humanities. On this occasion, criminology occupies the space for learning enhancement that shall go beyond these roles.
The Sessions House is the old court in the centre of Northampton, built 1676 following the great fire of Northampton in 1675. The building was the seat of justice for the town, where the public heard unspeakable crimes from matricide to witchcraft. Justice in the 17th century appear as a drama to be played in public, where all could hear the details of those wicked people, to be judged. Once condemned, their execution at the gallows at the back of the court completed the spectacle of justice. In criminology discourse, at the time this building was founded, Locke was writing about toleration and the constrains of earthy judges. The building for the town became the embodiment of justice and the representation of fairness. How can criminology not be part of this legacy?
There were some of the reasons why we have made this connection with the past but sometimes these connections may not be so apparent or clear. It was in one of those sessions that I began to think of the importance of what we do. This is not just a space; it is a connection to the past that contains part of the history of what we now recognise as criminology. The witch trials of Northampton, among other lessons they can demonstrate, show a society suspicious of those women who are visible. Something that four centuries after we still struggle with, if we were to observe for example the #metoo movement. Furthermore, from the historic trials on those who murdered their partners we can now gain a new understanding, in a room full of students, instead of judges debating the merits of punishment and the boundaries of sentencing.
These are some of the reasons that will take this historic building forward and project it forward reclaiming it for what it was intended to be. A courthouse is a place of arbitration and debate. In the world of pedagogy knowledge is constant and ever evolving but knowing one’s roots allows the exploration of the subject to be anchored in a way that one can identify how debates and issues evolve in the discipline. Academic work can be solitary work, long hours of reading and assignment preparation, but it can also be demonstrative. In this case we a group (or maybe a gang) of criminologists explore how justice and penal policy changes so sitting at the green leather seats of courtroom, whilst tapping notes on a tablet. We are delighted to reclaim this space so that the criminologists of the future to figure out many ethical dilemmas some of whom once may have occupied the mind of the bench and formed legal precedent. History has a lot to teach us and we can project this into the future as new theoretical conventions are to emerge.
Locke J, (1689), A letter Concerning Toleration, assessed 01/11/18 https://en.wikisource.org/wiki/A_Letter_Concerning_Toleration
Share this:
Student support
I recently read Melanie Reynolds’s article in The Guardian ‘Working-class lecturers should come out of the closet,’ and it resonated with me. I was the first generation in my family to go to university and it was difficult. I grew up in a poor socio-economic position, received government allowances, there was a stigma to this, and unspoken expectation that you kept this hidden. When I turned 18 I moved out of home and went to university, from the start I was supporting myself. I worked in a pizza shop, a convenience store, a sandwich shop, and a call centre. I lived pay day to pay day. Starting university felt like learning a new language to me, it was a shock.
I remember one of my first assignments I handed in. I had to print it on lined foolscap paper because I didn’t have any printer paper and I couldn’t afford to buy any. It is all well and good to tell a student to be prepared – trust me I would’ve been if I had the money. This meant I couldn’t afford to print at university either (before the days of online submission!). But I also didn’t know how to print at the university at that stage and I didn’t want to let on to anyone that I didn’t know how, I already felt like I stood out. It seemed that everyone around me had this innate understanding of how everything worked. It seemed like a simple thing, but it was hard to ask for help.
Another time I lost my student card on the train and when I got on the bus to go to university the bus driver asked for it. He stayed at the stop while I literally went through every compartment in my bag looking for it, with everyone watching it just brought feelings of shame. I had to pay an adult fare in addition to the three-zone student fare I had already paid, and those couple of dollars extra made a big difference to me, considering I knew I would also need to replace my student card.
I didn’t feel like I belonged, I didn’t know anyone at university, I didn’t know what services were available, even if I did I would have felt like I was wasting their time – taking away time for ‘real’ students. It was difficult to watch other students be involved in activities and wonder how they found the time and the money. Being in law school made me feel like I didn’t dress right, didn’t talk properly, that I was not connected to the legal profession because no one in my family was a lawyer or judge, I was an impostor. It was very isolating.
What can I say to help – it will get better? That you’ll get over the feelings of impostor syndrome? It does get a little better, for me it took time, realising that I was not alone in these feelings, that many students had the same questions, and to build the confidence to speak up. There was a lot of pressure to succeed and this is something you need to manage.
I try to be open about my experiences with my students so that they may feel more comfortable approaching me with their issues. To me there are no stupid questions. One of my most disliked words is ‘just’ – ‘well you just do this’ the expectation that you’ll ‘just’ know. I don’t expect my students to ‘just’ know. When I ask students to tell me when they are having difficulties I truly mean it. This is my job and it is the university’s job to support you. Starting university can be overwhelming. So, remember students ALWAYS ask me for help, email, phone or in-person.
What can we do as educators? Universities and their staff need to be pro-active in connecting with students and providing assistance – not ‘do you need help?’ but ‘what can I do to help?’ We need to seek to bridge the gap and bring equity to our students, not just equality.
For all students there are support services available to you at the University of Northampton, please take advantage of them.
Thoughts from the criminology team 