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Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
References:
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
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“Quelle surprise” – another fine mess
The recent HMICFRS publication An inspection of vetting misconduct and misogyny in the police service makes difficult reading for those of us that have or have had any involvement in the police service in England and Wales. Of course, this is not the first such report and I dare say it will not be the last. There is enough evidence both academic and during the course of numerous inquiries to suggest that there is institutional corruption of all sorts in the police service, coupled with prevailing racist and misogynistic attitudes. Hardly a surprise then that public confidence is at an all-time low.
As with so many reports and associated inquiries, the finger of blame is pointed at the institution or individuals within it. The failings are organisational failings or departmental or individual. I cast my mind back to those inquiries into the failings of social services or the failings of NHS trusts or the failings of the Fire and Rescue service or any other public body, all the fault of the organisation itself or individuals within it. Too many inquiries and too many failings to count. More often than not the recommendations from these reports and inquiries involve rectifying processes and procedures and increasing training. Rarely if ever do these reports even dare to dip their toe into the murky waters relating to funding. Nobody on these inquiries would have the audacity to suggest that the funding decisions made in the dark corridors of government would later have a significant contribution to the failings of all of these organisations and the individuals within them. Perhaps that’s why those people are chosen to head the inquiries or maybe the funding decisions are long forgotten.
Twenty percent budget cuts in public services in 2010/11 meant that priorities were altered often with catastrophic consequences. But to be honest the problems go much further back than the austerity measures of 2010/11. Successive governments have squeezed public services in the interest of efficiency and effectiveness. The result, neither being achieved, just some tinder box ready to explode into disaster. And yet more hand wringing and finger pointing and costly inquiries.
The problem is not just that the organisations failed or that departments or individuals failed, the problem is that all the failings might have been prevented if there was money available to deliver the service properly in the first place. And to do that, there needs to be enough staff, enough training, and enough equipment. And who is responsible for ensuring that happens?
Now you may say that is all very well but what of the police officers that are racist and misogynistic or corrupt and what of institutional corruption? After all the HMICFRS report is not just about vetting procedures but about the attitudes and behaviours of staff. A good point but let me point you to the behaviour of government, not just this government but preceding governments as well. The expenses scandal, the bullying allegations, the improper behaviour in parliament, the complete disregard for the ethics or for that matter, common decency. And what of those successive budget cuts and lack of willingness to address very real issues faced by staff in the organisations.
Let me also point you to the behaviour of the general public from whom the police officers are recruited. A society where parents that attend children’s football matches and hurl abuse at the referee and linesmen, even threatening to see them in the car park after the match. Not a one off but from recent reports a weekly occurrence and worse. A society now where staff in shops are advised not to challenge shoplifters in fear of their own safety. A society where there is a complete disregard for the law by many on a daily basis, including those that consider themselves law abiding citizens. A society where individuals blame everyone else, always in need of some scapegoat somewhere. A society where individuals know individually and collectively how they want others to behave but don’t know or disregard how they should behave.
I’m not surprised by the recent reports into policing and other services, saddened but not surprised. I’m not naïve enough to think that society was really any better at some distant time in the past, in fact there were some periods where it was definitely worse and policing of any sort has always been problematic. My fear is we are heading back to the worst times in humanity and these reports far from highlighting just an organisational problem are shining a floodlight on a societal one. But it suits everyone to confine the focus to the failings of organisations and the individuals within them. Not my fault, not my responsibility it’s the others not me, quelle surprise.
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The dance of the vampires
We value youth. There is greater currency in youth, far greater than wisdom, despite most people when they are looking back wishing they had more wisdom in life. Modernity brought us the era of the picture and since then we have become captivated with images. Pictures, first black and white, then replaced by moving images, and further replaced by colour became an antidote to a verbose society that now didn’t need to talk about it…it simply became a case of look and don’t talk!
The image became even more important when people turned the cameras on themselves. The selfie, originally a self-portrait of reclusive artists evolved into a statement, a visual signature for millions of people using it every day on social media. Enter youth! The engagement with social media is regarded the gift of computer scientists to the youth of today. I wonder how many people know that one of the first images sent as a jpeg was that of a Swedish Playboy playmate the ‘lady with the feathers’. This “captivating” image was the start of the virtual exchange of pictures that led to billions of downloads every day and social media storing an ever-expanding array of images.
The selfie, brought with it a series of challenges. How many times can you take a picture, even of the most beautiful person, before you become accustomed to it. Before you say, well yes that is nice, but I have seen it before. To resolve the continuous exposure the introduction of filters, backgrounds and themes seems to add a sense of variety. The selfie stick (banned from many museums the world over) became the equipment, along with the tripod, the lamp and the must have camera, with the better lens in the pursue of the better selfie. Vanity never had so many accessories!
The stick is an interesting tool. It tells the individual nature of the selfie. The voyage that youthful representation takes across social media is not easy, it is quite a solitary one. In the representation of the image, youth seem to prefer. The top “influencers” are young, who mostly like to pose and sometimes even offer some advice to their followers. Their followers, their contemporaries or even older individuals consume their images like their ‘daily (visual) bread’. This seems to be a continuous routine, where the influencer produces images, and the followers watch them and comment. What, if anything, is peculiar about that? Nothing! We live in a society build on consumption and the industry of youth is growing. So, this is a perfect marriage of supply and demand. Period!
Or is it? In the last 30 years in the UK alone the law on protecting children and their naivety from exploitation has been centre stage of several successive governments. Even when discussing civil partnerships for same sex couples, Baroness Young, argued against the proposed act, citing the protection of children. Youth became a precious age that needed protection and nurturing. The law created a layer of support for children, particularly those regarded vulnerable. and social services were drafted in to keep them safe and away from harm. In instances when the system failed, there has been public outrage only to reinforce the original notion that children and young people are to be protected in our society.
That is exactly the issue here! In the Criminology of the selfie! Governments introducing policies to generate a social insulation of moral righteousness that is predicated on individual – mostly parental – responsibility. The years of protective services and we do not seem to move passed them. In fact, their need is greater than ever. Are we creating bad parents through bad parenting or are people confronted with social forces that they cannot cope with? The reality is that youth is more exposed than ever before. The images produced, unlike the black and white photos of the past, will never fade away. Those who regret the image they posted, can delete it from their account, but the image is not gone. It shall hover over them for the eternity of the internet. There is little to console and even less to help. During the lockdown, I read the story of the social carer who left their job and opened an OnlyFans account. These are private images provided to those who are willing to pay. The reason this experience became a story, was the claim that the carer earned in one month of OnlyFans, more than their previous annual income. I saw the story being shared by many young people, tagging each other as if saying, look at this. The image that captures their youth that can become a trap to contain them in a circle of youth. Because in life, before the certainty of death there is another one, that of aging and in a society that values youth so much, can anyone be ready to age?
As for the declared care for the young, would a society that cares have been closing the doors to HE, to quality apprenticeships, a living wage and a place to live? The same society that stirs emotions about protection, wants young people to stay young so that they cannot ask for their share in their future. The social outrage about paedophiles is countered with high exposure to a particular genre in the movies and literature that promotes it. The vampire that has been fashioned as young adult literature is the proverbial story of an (considerably) older man who deflowers a young innocent girl until she becomes infatuated with him. The movies can be visually stunning because it involves the images of young beautiful people but there is hardly any mention of consent or care!
It is one of the greatest ironies to revive the vampire image in youth culture. A cultural representation of a male prototype that is manipulative, intruding into the lives of seemingly innocent young people who become his prey. There is something incredibly unsettling to explore the semiology of an immortal that is made through a blood ritual. A reverse Peter Pan who consumes the youth of his victims. The popularity of this Victorian literary character, originally conceived in the era of industrial advancement,at a time when modernity challenged tradition, resurfaces with other monsters at times of great uncertainty. The era of the picture has not made everyday life easier, and modernity did not improve quality of life to the degree it proclaimed. Instead, whilst people are becoming captivated by ephemera they are focused on the appearance and missing substance. An old experience man, dark, mysterious with white skin may be an appealing character in literature but in real life a someone who feeds on young people’s blood is hardly an exciting proposition.
The blood sacrifice demanded by a vampire is a metaphor of what our society requires for those who wish to retain youth and save their image into the ether of the cyberworld as a permanent Portrait of Dorian Gray. In this context, the vampire is not only a man in power, using his privilege to dominate, but a social representation of what a consumer society places as the highest value. It is life’s greatest irony that the devouring power of a vampire is becoming a representation of how little value we place on both youth and life! A society focused on appearance, ignoring the substance. Youth looking but not youth caring!
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Chaos in Colombo: things fall apart
Following the mutiny that we witnessed in Downing street after members of the Johnson’s cabinet successfully forced him to resign over accusations of incompetency and the culture of inappropriate conducts in his cabinet, the people of Sri Lanka have also succeeded in chasing out their President, G. Rajapaksa, out of office over his contributions to the collapse of the country’s economy. This blog is a brief commentary on some of the latest events in Sri Lanka.
Since assuming office in 2019, the government of Rajapaksa has always been indicted of excessive borrowing, mismanagement of the country’s economy, and applying for international loans that are often difficult to pay back. With the country’s debt currently standing at $51bn, some of these loans, is claimed to have been spent on unnecessary infrastructural developments as well as other ‘Chinese-backed projects’, (see also; the Financial Times, 2022). Jayamaha (2022; 236) indicated that ‘Sri Lanka had $7.6 billion in foreign currency reserves at the end of 2019. However, by March 2020, it had exhausted its reserves to just $1.93 billion.’ One of Rajapaksa’s campaign promises was to cut taxes, which he did upon assuming office. His critics faulted this move, claiming it was unnecessary at that particular time. His ban on fertilizers, in a bid for the country to go organic (even though later reversed), had its own effect on local farmers. Rice production for example, fell by 20% following the ban – a move that eventually forced the government to opt for rice importation which was in itself expensive (see also; Nordhaus & Shah 2022). Critics warned that his investments and projects have no substantial and direct impact on the lives of the common people, and that what is the essence of building roads when the common people cannot afford to buy a car to ride on those roads? The fact that people have to queue for petrol for 5 days and only having to work for 1 day or where families cannot afford to feed their children simply shows how the government of Rajapaksa seem to have mismanaged the economy of the country. Of course, the problem of insecurity and the pandemic cannot be left out as crucial factors that have also impacted tourism levels and the economy of the country.
Foreign reserves have depleted, the importation of food is becoming difficult to actualise, living expenses have risen to high levels, the country is struggling with its international loan repayments, the value of Rupees has depreciated, there is inflation in the land, including shortages of food supplies and scarcity of fuel. Those who are familiar with the Sri Lanka’s system will not be particularly surprised at the nationwide protests that have been taking place in different parts of the country since May, because the Rajapaksa’s regime was only sitting on a keg of gun powder, ready to explode.
In an unprecedented fashion on July 9, several footages and images began to emerge online showing how protesters had successfully overpowered the police and had broken into the residence of the President. Their goal was to occupy the presidential palace and chase the president out of his residence. In fact, there are video footages online allegedly showing the motorcade of the president fleeing from his residence as the wave of protest rocked the capital.
Upon gaining entry into the innermost chambers of the president’s dwelling, protesters started touring and taking selfies in euphoria, some of them had quickly jumped into the presidential shower, others helped themselves to some relaxation on the president’s bed after days of protests, some were engaged in a mock presidential meeting in the president’s cabinet office, some preferred to swim in the president’s private pool while others helped themselves to some booze.
Indeed, these extraordinary scenes should not be taken for granted for they again reaffirm WB Yeats classic idea of anarchy (in ‘the second coming’ poem), being the only option to be exercised when the centre can no longer hold.
Of course, some may ask that now that they have invaded the presidential villa, what next? In my view, the people of Sri Lanka seem to be on the right direction as President Rajapaska has eventually bowed to pressure and agreed to resign. The next phase now is for the country to carefully elect a new leader who will revive the sinking ship, amend the economic policies, foster an effective democratic political culture which (hopefully) should bring about a sustainable economic plan and growth reforms.
Importantly, this is a big lesson not just for the political class of Sri Lanka, but for other wasteful leaders who continue to destroy their economies with reckless and disastrous policies. It is a lesson of the falcon and the falconer – for when the falcon can no longer hear the falconer, scenes like these may continue to be reproduced in other locations of the world.
Indeed, things fell apart in Colombo, but it is hoped that the centre will hold again as the country prepare to elect its new leaders.
Here is wishing the people of Colombo, and the entire Sri Lankans all the best in their struggle.
References
Financial Times (2022) [Twitter] 20 July. Available at: https://mobile.twitter.com/FinancialTimes/status/1549554792766361603
Jayamaha, J. (2022) “The demise of Democracy in Sri Lanka: A study of the political and economic crisis in Sri Lanka (Based on the incident of the Rambukkana shooting)”, Sprin Journal of Arts, Humanities and Social Sciences, 1(05), pp. 236–240. doi: 10.55559/sjahss.v1i05.22.
Nordhaus, T & Shah S, (2022) In Sri Lanka, Organic Farming Went Catastrophically Wrong, March 5, FP. Available at: https://foreignpolicy.com/2022/03/05/sri-lanka-organic-farming-crisis/
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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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Protect international law
In criminological discourses the term “war crime” is a contested one, not because there are no atrocities committed at war, but because for some of us, war is a crime in its own right. There is an expectation that even in a war there are rules and therefore the violation of these rules could lead to war crimes. This very focused view on war is part of a wider critique of the discipline. Several criminologists including, Ruggiero, DiPietro, McGarry and Walklate, to name a few, have argued that there is less focus on war as a crime, instead war is seen more as part of a metaphor used in response to social situations.
As far back as the 1960s, US President Johnson in his state of the union address, announced “The administration today here and now declares unconditional war on poverty in America”. What followed in the 1964 Economic Opportunity Act, was seen as the encapsulation of that proclamation. In some ways this announcement was ironic considering that the Vietnam war was raging at the time, 4 years before the well documented My Lai massacre. A war crime that aroused the international community; despite the numbers of soldiers involved in the massacre, only the platoon leader was charged and given a life sentence, later commuted to three and a half years incarceration (after a presidential intervention). Anyone can draw their own conclusion if the murder of approximately 500 people and the rape of women and children is reflected in this sentence. The Vietnam war was an ideological war on communism, leaving the literal interpretation for the historians of the future. In a war on ideology the “massacre” was the “collateral damage” of the time.
After all for the administration of the time, the war on poverty was the one that they tried to fight against. Since then, successive politicians have declared additional wars, on issues namely drugs and terror. These wars are representations of struggles but not in a literal sense. In the case of drugs and terrorism criminology focused on trafficking, financing and organised crimes but not on war per se. The use of war as a metaphor is a potent one because it identifies a social foe that needs to be curtailed and the official State wages war against it. It offers a justification in case the State is accused being heavy handed. For those declaring war on issues serves by signalling their resolve but also (unwittingly or deliberately) it glorifies war as an cleansing act. War as a metaphor is both powerful and dangerous because it excuses State violence and human rights violations. What about the reality of war?
As early as 1936, W.A Bonger, recognised war as a scourge of humanity. This realisation becomes ever more potent considering in years to come the world will be enveloped in another world war. At the end of the war the international community set up the international criminal court to explore some of the crimes committed during the war, namely the use of concentration camps for the extermination of particular populations. in 1944 Raphael Lemkin, coined the term genocide to identify the systemic extermination of Jews, Roma, Slavic people, along with political dissidents and sexual deviants, namely homosexuals.
In the aftermath of the second world war, the Nuremberg trials in Europe and the Tokyo trials in Asia set out to investigate “war crimes”. This became the first time that aspects of warfare and attitudes to populations were scrutinised. The creation of the Nuremberg Charter and the outcomes of the trials formulated some of the baseline of human rights principles including the rejection of the usual, up to that point, principle of “I was only following orders”. It also resulted in the Nuremberg Code that set out clear principles on ethical research and human experimentation. Whilst all of these are worthwhile ideas and have influenced the original formation of the United Nations charter it did not address the bigger “elephant” in the room; war itself. It seemed that the trials and consequent legal discourses distanced themselves from the wider criminological ideas that could have theorised the nature of war but most importantly the effects of war onto people, communities, and future relations. War as an indiscriminate destructive force was simply neglected.
The absence of a focused criminological theory from one end and the legal representation as set in the original tribunals on the other led to a distinct absence of discussions on something that Alfred Einstein posed to Sigmund Freud in early 1930s, “Why war?”. Whilst the trials set up some interesting ideas, they were criticised as “victor’s justice”. Originally this claim was dismissed, but to this day, there has been not a single conviction in international courts and tribunals of those who were on the “victors’” side, regardless of their conduct. So somehow the focus changed, and the international community is now engaged in a conversation about the processes of international courts and justice, without having ever addressed the original criticism. Since the original international trials there have been some additional ones regarding conflicts in Yugoslavia and Rwanda. The international community’s choice of countries to investigate and potentially, prosecute has brought additional criticism about the partiality of the process. In the meantime, international justice is only recognised by some countries whilst others choose not to engage. War, or rather, war crimes become a call whenever convenient to exert political pressure according to the geo-political relations of the time. This is not justice, it is an ad hoc arrangement that devalues the very principles that it professes to protect.
This is where criminology needs to step up. We have for a long time recognised and conceptually described different criminalities, across the spectrum of human deviance, but war has been left unaccounted for. In the visions of the 19th and 20th century social scientists, a world without war was conceptualised. The technological and social advancements permitted people to be optimistic of the role of international institutions sitting in arbitration to address international conflicts. It sounds unrealistic, but at the time when this is written, we are witness to another war, whilst there are numerous theatres of wars raging, leaving a trail of continuous destruction. Instead of choosing sides, splitting the good from the bad and trying to justify a just or an unjust war, maybe we should ask, “Why war”? In relation to youth crime, Rutherford famously pondered if we could let children just grow out of crime. Maybe, as an international community of people, we should do the same with war. Grow out of the crime of war. To do so we would need to stop the heroic drums, the idolisation of the glorious dead and instead, consider the frightened populations and the long stain of a violence which I have blogged about before: The crime of war
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From Criminal to the ‘Rule of Law’? Johnson’s border policy on refugees
Britain has a very proud history of taking refugees and migrants from war-torn and destabilised areas of the world – this is a fact which has been made clear from all sides of the political spectrum. What is concerning, however, is that this statement has since Brexit been continuously added as a precursor to every new border policy blunder made by the UK Conservative government in an attempt to ‘soften the blow’ of public perception. It is the paradox of Boris Johnson trying to appeal to those sympathetic to migration, but to also appease hard-line anti-immigration Brexiteers. This paradox was inevitable, given (a) the close split between Leave and Remain votes in the 2016 EU Referendum, and (b) the amount of lies told to both sides of this debate by Johnson and his ‘mates’ in a desperate attempt to gain political power in 2019…leaving the British public in permanent limbo as whether or not ‘Brexit’ (in the way it was described) had even taken place at all; a state of ‘technically we’re out, but we’re not really out’.
Given the ease of shaping and reproducing ‘empty signifiers’ (Laclau & Mouffe, 1985; Torfing, 1999) within this discursive limbo, Boris Johnson’s latest border policy disaster relating to refugee border crossings was announced yesterday. The new “genius” idea will be to deport those who are single men crossing the Channel in boats or lorries from France to Rwanda for ‘processing’. Of course, as per usual, this was seemingly quite a surprise to the Minister of State for Refugees who claimed on LBC just over a week prior to the announcement that he had no knowledge of any new plans to send anyone to Rwanda.
Before going into the details of the hypocrisy associated with this policy in the light of the war in Ukraine, what I fail to understand is the entire point of this process. Boris Johnson’s announcement seemed to focus most of his rhetoric on the ‘illegality’ of the status of people entering UK borders, as well as the need to curb ‘people smuggling’. He merged this part of his speech with Ukrainian refugees in an attempt to, once again, appear to seem more sympathetic to the struggle of fleeing populations than he is in reality…’whether you are fleeing Putin or Assad, our aim is that you should not need to turn to people smugglers or any other kind of illegal option’. It is important to note that we shouldn’t be confusing (as often happens) the term ‘people smugglers’ with ‘sex traffickers’, whose motives are wholly different than merely receiving money to aid someone’s journey across nation state borders. People smugglers tend to take advantage of those who are in sheer desperation. This desperation is normally grounded in a combination of multiple factors: (1) destabilisation in their home country, (2) fear for their life, safety, or future (or that of their family), (3) strong desire for liberation or freedom and, most importantly, (4) a practical inability to actually escape their current borders.
With this in mind, it is astonishing to hear Johnson trying to justify this policy on the grounds that he is somewhat of a rule-of-law fan, wishing to drive out illegal behaviour from UK borders, given that he has recently become the first ever serving UK Prime Minister to have been sanctioned for breaking the criminal law. As with many similar approaches to these types of policies in the past (the obvious being the so-called ‘war on drugs’), the core motivation has very little to do with the actual human safety, and more rooted in neoliberal frustrations of the (and I deliberately use this term in its loosest possible sense) ’tax-paying’ Eton schoolboys at others, within UK borders or otherwise, earning any kind of money from which they are not directly benefitting. This ties in closely to, what I mentioned in a previous post, as the UK Conservative Party’s lazy response to sanctioning oligarchs linked to the Putin regime…for obvious personal reasons.
Most striking here is the level of hypocrisy between who is considered part of the in-group of migrants and refugees, and who is the ‘other’; the ‘deserving’ and ‘undeserving’ (Cottle, 2000; Van Dijck, 2000; Quinsaat, 2011; Reed, 2017). Without deflecting from Putin’s responsibility in reproducing anti-Ukrainian sentiment in Russia and surrounding former Soviet nations, and framing the ethnic group as some kind of leeching parasite on the Russian people, we have seen both overt and covert racism at play in Ukraine and other parts of the world in relation to this idea of ‘ideal’ refugees. The UK is no exception to this. Not since the aftermath of the Second World War have we seen the type of outpouring of sympathy by the British public towards a persecuted ethnic group, with hundreds-of-thousands opening up their homes to house refugees expected imminently. Of course we should be proud of every hand extended to any human in need of help, but where was this reaction when Syrians, Iraqis, Afghans and Libyans were fleeing their countries due to botched UK military operations in their sovereign territory? Where is this reaction when innocent Yemeni people are calling on the world to help while we are funding Saudi Arabia’s genocidal campaign in their sovereign territory?
It is too simple to claim that this issue is purely related to skin-colour-based racism or another type of xeno-racism, because we know this not to be the case. Perhaps due to the personal nature of the conflict in the Republic of Artsakh in late 2020 which killed thousands of Armenians and displaced around 90,000, and the rhetoric of neutrality from the UK Conservative government (due to their close monetary ties with the aggressor and his oligarch friends), the mainstream media and near-total silence from prominent celebrities…all of whom seem to now scream for action in response to Ukraine (rightly so), but I can’t help but echo a question asked by another Armenian, Tatev Hovhannisyan: Where was the outpouring of empathy when my country was at war?
Perhaps to understand the nature of this hypocrisy we need to focus more on the complex interplay between the nation state, power and discourse. I would add another element into this equation: money. In a neoliberal, populist political model, dictators seemingly pay vast sums of money to other nation states in exchange for the unyielding, unchallenged and unregulated power to produce and reproduce dominant discourses which ground their version of hegemony within those states.
References
Cottle, S. (Ed.). (2000). Ethnic Minorities and the Media. Open University Press.
Laclau, E., & Mouffe, C. (1985). Hegemony and Socialist Strategy: Towards a Radical Democratic Politics. Verso.
Quinsaat, S. M. (2011). ‘Everybody Around Here is from Somewhere Else’: News frames and hegemonic discourses in the immigration debates in the United States, 2006 and 2010 [MA Thesis]. University of Pittsburgh: Kenneth P Dietrich School of Arts and Sciences.
Reed, H. (2017). Framing of Immigrants and Refugees: A content analysis of mainstream and partisan news coverage of immigration [MA Thesis]. University of Missouri: Faculty of the Graduate School.
Torfing, J. (1999). New Theories of Discourse: Laclau, Mouffe and Žižek. Blackwell.
Van Dijk, T. A. (2000). New(s) Racism: A Discourse Analytical Approach. European Journal of Political Economy, 33–49.
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They think it’s all over…….
Probably the most famous quote in the history of English football was that made by Kenneth Wolstenholme at the end of the 1966 World Cup final where he stated as Geoff Hurst broke clear of the West German defence to score the 4th goal that “Some people are on the pitch…. they think it’s all over…….it is now”. I have been reminded of this quote as we reach April 1st, 2022 when all Coronavirus restrictions in England essentially come to an end. We are moving from a period of pandemic restrictions to one of “living with Covid”. Whilst the prevailing narrative has focussed on “it’s over” the national data sets would suggest it is most definitely not. We are currently experiencing another wave of infections driven by the Omicron BA-2 variant. Cases of Covid infection have been rising steadily over the past couple of weeks and we are now seeing hospital admissions and deaths rise too. This has led to an interesting tension between current politically driven and public health driven advice.
The overriding question then is why remove all restrictions now if infection rates are so high. The answer sits with science and the success of the vaccination programme, and the protection it affords, which to date has seen 86% of the eligible population have two jabs and 68% boosted with a third. Furthermore, we are now at the start of the Spring booster programme for the over 75s and the most vulnerable. The introduction of the vaccine has seen a dramatic fall in serious illness associated with infection and the UK government now believe that this is a virus we can live with and we should get on with our lives in a sensible and cautious way without the need for mandated restrictions. The advances gained in both the vaccination programme, anti-viral therapies and treatments have been enormous and underpin completely the current and future situation. So, the narrative shifts to one that emphasises learning to live with the virus and to that end the Government has provided us with guidance. The UK Government’s “Living with Covid Plan” COVID-19 Response – Living with COVID-19.docx (publishing.service.gov.uk) has four key principles at its heart:
- Removing domestic restrictions while encouraging safer behaviours through public health advice, in common with longstanding ways of managing most other respiratory illnesses;
- Protecting people most vulnerable to COVID-19: vaccination guided by Joint Committee on Vaccination and Immunisation (JCVI) advice, and deploying targeted testing;
- Maintaining resilience: ongoing surveillance, contingency planning and the ability to reintroduce key capabilities such as mass vaccination and testing in an emergency; and
- Securing innovations and opportunities from the COVID-19 response, including investment in life sciences.
So, in addition to the restrictions already removed from 1 April, the Government will:
- Remove the current guidance on voluntary COVID-status certification in domestic settings and no longer recommend that certain venues use the NHS COVID Pass.
- Update guidance setting out the ongoing steps that people with COVID-19 should take to minimise contact with other people. This will align with the changes to testing.
- No longer provide free universal symptomatic and asymptomatic testing for the general public in England.
- Consolidate guidance to the public and businesses, in line with public health advice.
- Remove the health and safety requirement for every employer to explicitly consider COVID-19 in their risk assessments.
- Replace the existing set of ‘Working Safely’ guidance with new public health guidance
My major concern with these changes is the massive scaling back of infection testing. In doing so we run the risk of creating a data vacuum. Being able to test and undertake scientific surveillance of the virus’s future development would help us identify any future threats from new variants; particularly those classified as being “of concern”. What we should have learned from the past two years is that the ability to understand the virus and rapidly scale up our response is critical.
What is also now abundantly clear from the current data is that this is far from over and it is going to take some time for us to adapt as a society. The ongoing consequences for the most vulnerable sections of our society are still incredibly challenging. It will not be a surprise to any health professional that the pandemic was keenest felt in communities already negatively impacted by health inequalities. This has been the case ever since the publication of the “Black Report” (DHSS 1980), which showed in detail the extent to which ill-health and death are unequally distributed among the population of the UK. Indeed, there is evidence that these inequalities have been widening rather than diminishing since the establishment of the National Health Service in 1948. It is generally accepted that those with underlying health issues and therefore most at risk will be disproportionately located in socially deprived communities. Consequently, there is a genuine concern that the most vulnerable to the virus could be left behind in isolation as the rest of society moves on. However, we are now at a new critical moment which most will celebrate. Regardless of whether you believe the rolling back of restrictions is right or not, this moment in time allows us an opportunity to reflect on the past two years and indeed look forward to what has changed and what could happen in terms of both Coronavirus and any other future pandemic.
Looking back, I have no doubt that the last two years have changed life considerably in several positive and negative ways. Of course, we tend to migrate to the negative first and the overall cost of life, levels of infection and the long-term consequences have been immense. The longer-term implications of Covid (Long Covid) is still something we need to take seriously and fully understand. What is not in doubt is the toll this has had on individuals, families, communities and the future burden it places on our NHS. The psychological impact of social isolation and restrictions has been enormous and especially so for our children, young people, the vulnerable and the elderly. The social and educational development of school children is of particular concern. The wider economic implications of the pandemic will take some time to recover. Yet, whilst the negative implications cause us grave concern many features of our lives have improved. Many have identified that this pandemic has helped them re-asses what is important in life, how important key workers are in ensuring society continues to operate smoothly and the critical role health and social services must play in times of health crisis. Changing perspectives on work, work life balance and alternative ways of conducting business have been embraced and many argue that the world of work will never be the same again.
On that final note it’s important that as a society we have learned from what I have previously described as the greatest public health crisis in my lifetime. Pandemic planning was shown to be woefully inadequate and we must get this better because there is no doubt there will be another pandemic of this magnitude at some point in the future. Proper support for health and social services are critical and the state of the NHS at the start of all this was telling. Yes, it rose to the challenge as it always does but health and social care systems were badly let down in the early stages of this pandemic with disastrous consequences. Proper investment in science and research is paramount, for let’s be honest it was science that came to our rescue and did so in record time. There will inevitably be a large public enquiry into all aspects of the pandemic, its management and outcomes. We can only hope that lessons have been learned and we are better prepared for both the ongoing management of this pandemic and inevitably the next one.
Dr Stephen O’Brien
FHES
Originally posted here
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“…the result is the same: beasts of prey and ignorant thieves”
Since the ousting of a close Putin ally (ex-President Viktor Yanukovich) from Ukrainian politics and territory in 2014 during the Euromaidan revolution, the closeness the country had come to actually joining the defensive NATO alliance seems to have irked Putin enough to swiftly “recognise the independence” of, as with Crimea in 2014, two Eastern-Ukrainian regions, Donetsk and Luhansk. It is not a new politically strategic move and certainly not unique to Russia. Examples of this kind of act can be seen around the world in regions where complex power interplays are rendering regional enclaves powerless in garnering enough support for the recognition of their own independence from oppressive regimes, genocide or in securing mere rights to self-determination (e.g. Kashmir in Northern India, Artsakh in South-Eastern Armenia etc.).
Yesterday morning we awoke to the news that Russia’s Vladimir Putin had ordered a full-scale attack on Ukrainian sovereign territory, in violation of international law (among many other violations of basic morality and human decency). I should emphasise here that this is a Putin-centred issue rather than one which encompasses the Russian Federation, since it is not inconceivable to suggest that ordinary Russian citizens are not particularly excited that their relatives, friends, children are being sent to die like cattle in another country while their billionaire leader basks in complete safety in his ivory tower. With an attack from the northern, eastern and southern borders of the country…and now the imminent arrival of Russian troops in Ukraine’s capital Kiev…this does not seem like just a case of Putin’s desire to rebuild a modern-day Russian empire incorporating its former Soviet nations, but a much deeper personal desperation to be seen to be the only globally-remaining strong leader.
The stepping down of Angela Merkel in Germany, ousting of Donald Trump from the US, and the failure of Brexit in achieving what he thought would be a political and economic disaster for the European Union, have all contributed to Putin’s desperation. The poisoning and subsequent arrest/detention of Alexei Navalny, the populist Russian opposition leader who in recent years managed to almost successfully stage a political coop against Putin, demonstrates the lengths Putin will go to convince his increasingly oppressed citizens that the alternative to his leadership will equate to the kinds of political and economic failures they have witnessed of Western nations.
It is clear that the UK’s sanctions have not gone near far enough in preventing the kinds of miscarriages of justice that will inevitably follow from Putin’s appointment of a de facto Russian leader on Ukrainian soil without democratic support from the Ukrainian people. But I wonder whether the seemingly lazy response from Boris Johnson and the UK Conservative Party is indicative of the deeply-rooted corruption which helped his eventual election into British politics. We had for many years been aware of the extent of foreign money laundering through UK banks by Russian and Azerbaijani oligarchs, the billions of pounds’ worth of UK property owned by those with close ties to the Kremlin, the millions donated to fund the Conservative Party, and perhaps most significantly, the “we’ll return the favour” investments by Conservative politicians in Russian-owned banks, stocks and shares. Is it then surprising that Putin was so supportive of the Brexit campaign and the election of Donald Trump, both seemingly aimed at destabilising the West; the US, UK and EU? Surely, now is the time for the British public to demand the highest level of openness and transparency of their politicians, particularly those who have already been elected under the banner of lies. Perhaps this will help in our collective political and economic response to miscarriages abroad, as well as within our borders.
NATO nations’ unwillingness to intervene, militarily, in this conflict is evidently the green light Putin needed to set foot in sovereign territory under the guise of “denazification” (bizarre considering Volodymyr Zelenskyy – the current Ukrainian President – is himself Jewish). This should form a stark reminder to former Soviet nations not to be seduced by the thought of reliving some kind of Soviet nostalgia of perceived religious and cultural similarities with Russia which has been drip-fed for many years since the collapse of the USSR. Those living in this hazy nostalgic dream will soon forget the reality that the experience of a Russian invasion will be grounded not in the form of communism which once secured its citizens with guaranteed housing, easy employment, and annual trips to the sanatorium…but in a dangerous oppressive dictatorship and an isolationist economic model. To quote a well-known message from a 1993 Russian film Window to Paris: ‘Sure. You brought up builders of communism. Now, it’s builders of capitalism. And the result is the same: beasts of prey and ignorant thieves’.
Former Soviet nations not aiding and abetting the current aggression in Ukraine (as Belarus is doing) should now be alert to the fact that they will never be safe in a military limbo, nor under Putin’s wing. It is a time where citizens of these regions should let go of any hope of a return to a “simpler way of life” and move to securing effective political and military support for their nations away from Russian influence.
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Colston, the toppling of a pejorative narrative
The acquittal of the four defendants for their role in the toppling of Edward Colston in Bristol has created an interesting debate and in some, more right-wing quarters, fury. In an interview following the verdict Boris Johnson stated we cannot seek to “retrospectively change our history“
But what history is he talking about, the one where this country was heavily involved in slavery or some other history around Empire and ‘jolly hockey sticks and all that sort of thing’?
History tells us that this country’s empire, like all empires significantly benefited from its conquests to the detriment of those conquered. Although if you watch the Monty Python film The Life of Brian, the right of the political spectrum might find some comfort in the sketch that starts with ‘What have the Romans ever done for us’? This country’s history is complex more so because it is a shared history with its own inhabits and those of other countries across most of the world. A history of slaves and slave traders. A history of rich and powerful and poor and powerless. A history of remapping of countries, redefining of borders, of the creation of unrest, uncertainty and chaos. A history of theft, asset stripping, taking advantage and disempowerment. As well as a history of standing up to would be oppressors. It is a complex history but not one that is somehow rewritten or removed by the toppling of a statue of a slave trader.
The tearing down of the statue is history. It is a fact that this country’s so called great and good of the time were tarnished by a despicable trade in human misery. The legacy of that lives on to this day. Great and good then, not so now, in fact they never were, were they? It may be questionable whether the circumstances of the removal of the statue were right, hence the charges of criminal damage. It might be questionable whether the verdict given by the jury was right, but surely this isn’t about changing history, it is about making it.
There are suggestions that the verdict may be referred to a higher authority, perhaps the Supreme Court. It appears right that there was a case to answer, and it seems right that the jury were allowed to deliver the verdict they did. There is nothing perverse in this, nothing to challenge, due process has taken place and the people have spoken. The removal of the statue was not criminal damage and therefore was lawful.
If a statue is an affront to the people of a locality, then they should be able to have it removed. If is such an affront to common decency, then the only people guilty of an offence are those that failed to remove it in the first place. Of course, it is more complex than that and perhaps the bigger question is why this didn’t happen sooner?
It would seem fitting to replace the statue with something else. Something perhaps that shows that slowly people of this country are waking up to the country’s past, well at least some of them. A statue that commemorates a new beginning, that acknowledges the country’s true past and points the way to a far more humane future for all. No Mr Johnson, we shouldn’t try to rewrite or obliterate history, we just need to change the way it written and stop ignoring the truth.
Thoughts from the criminology team 