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Whose rights are they anyway?
I’m a great believer in human rights and when the topic comes up, I make it clear to my students that you either buy into human rights wholeheartedly or you don’t buy into it at all. There is no halfway house. You cannot pick and choose which bits you like, or decide that there is a time limited offer, a bit like a sale, on one month but not the next, and then on again. Nor can you decide that such rights only apply to some and not others (Home Office take note regarding refugees and asylum seekers). But the more I think about human rights the more I question how rights can work on an individual level without impacting on others’ rights.
A good example is the protests over the last year or so, particularly during ‘lockdown’. I ought to hasten to add before someone protests vociferously, that this blog is not about the validity of the subject matter being protested about. The blog is simply about how the exercise of rights that we hold so dear, can and do impact on other’s rights.
The government and its agents have a duty to ensure that human rights are facilitated as best as possible. Whilst there are some caveats, this duty extends to taking positive steps to ensure that we have a right to protest, a right to associate with whom we like, a right to express what we want to express and I would suggest above all else a right to life. I have prioritised the right to life but, in the arguments about the rights to protest, few if any question the impact that such protests have on that one fundamental right.
And I can hear the arguments now, what the people are protesting about is far bigger, too important not to be allowed to protest. The argument can even be extended to the fact that the protests are about the right to life, a valid argument. So, it is ironic that protesting about the right to life impacts on others’ right to life. If you don’t agree then please tell me what the purpose of ‘lockdown’ was if it wasn’t at least in part to save lives. The problem with protests, peaceful or not is that they do not suddenly happen in one place, people are not just beamed in. Would be protesters have to get to the venue thereby creating multiple opportunities for the spread of Covid. But even when we are not in ‘lockdown’, many protests have a detrimental impact on the rights of other members of the public through the disruption caused. In exercising fundamental rights, we trample on the rights of others. Whilst we may agree with the sentiments of the protests, it is and should not always be the case. Protests are not always about what we hold or ought to hold dear, in fact sometimes the opposite.#
I cannot say I am in favour of the new proposals to regulate protests, but I do understand the rationale, at least in part. I also understand the concern and the possible impact on our freedoms. But I find it somewhat bemusing that so many are quick to criticise and yet so few offer solutions. One day, when I am particularly annoyed about something and decide to join a protest, I wonder whether I will think about other people and the rights I am depriving them of?
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Is justice fair?
There is a representation of justice. A woman (lady justice) blindfolded holding the scales of justice in one hard and a sword in the other. This representation demonstrates a visualisation of the core principles of justice: blindfold for impartiality, the scales for weighting the evidence and the sword, the authority. The need for this representation is making the point that justice is fair. To all people justice is an equaliser that brings the balance back to everyday life. Those who break the natural order are faced with the consequences of the arbitration made by the system that assumes equality for all against the law.
The representation of justice must be convincing in order to be accepted by the public. The impartiality has to be demonstrable and the system forms a bond across all social strata. Well, at least in principle. There is a difference between representation and reality. This is something we learn from early on. As a kid, I remember a special ice-cream in a cup that had a little toy in the bottom of the cup. It looked so appealing, but the reality never met my expectations. Still, I continued to buy it, in anticipation that maybe the representation and the reality will meet. Like the ice cream, the justice system, has a beautiful packaging that makes it incredibly appealing.
Forged in the flames of the renaissance and the enlightenment, justice transformed from a convenient divinity to a philosophical ideal and a social need. It became a concept that reflected social changes and economic growth. Many of the principles of justice, like equality and fairness, carried forward from the classical era. Only at this time these concepts were enriched with philosophical arguments influenced by humanism. The age of exploration and knowledge added to the scientific rigour of forensic investigation and the procedures became standardised. Great minds conceptualised some of theoretical aspects and transferred them in everyday practice. Cesare Beccaria’s treatise On Crimes and Punishments demonstrated how humanist principles can affect procedure and sentencing.
This justice system was/is our social “ice cream”. Desirable and available to all citizens. A system beyond people and social status, able to call individuals to account. Unfortunately like my childhood “ice cream” equally disappointing, primarily because the reality is not even close to the representation. The principles of justice are all noble and inspiring. There is however something behind the systems that needs to be explored in order to understand why reality and representation are so far apart. The guiding principle of any justice system from inception to this day is not to restore the balance (as so beautifully demonstrated with the scales) but to maintain the established order or the social status quo.
On the occasions where societies broke down because of war or revolution, significant changes happened. Those allowed some reforms in different parts of the system allowing changes, sometimes even radical. Even at those situations the reforms were never too radical or too extensive. Regardless of the political system, tyrannical, dictatorial or democratic, the establishment is keen to maintain its authority over the people. For this to happen, the system must be biased in its inception about what we mean about justice. If the expectations of law and order are given a direction, then the entire system follows that direction and all changes are more cosmetic than fundamental. Quite possibly this explains what we recognise as miscarriages of justice as simply the inability of the system to be more tactful about its choices and arbitrations.
Therefore, tax avoidance and drug use take a different level of priority in the system. It is the same reason that people from different socioeconomic groups are seem differently, regardless of the system’s reassurance on equality and fairness. Maybe the biggest irony of all is that the representation of justice is a woman, in one of the most male dominated systems. From the senior judiciary to the heads of police and the prison systems, women are still highly underrepresented. Whilst the representation of ethnic minorities is even lower. Of course, even if it was to change in composition, that would be arguably a cosmetic change. Perhaps it is time as society to use consumer law and demand that our justice system is like it’s been advertised…fair.
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The victimisation of one
One of the many virtues of criminology is to talk about many different crimes, many different criminal situations, many different deviant conditions. Criminology offers the opportunity to consider the world outside the personal individual experience; it allows us to explore what is bigger than the self, the reality of one.
Therefore, human experience is viewed through a collective, social lens; which perhaps makes it fascinating to see these actions from an individual experience. It is when people try to personalise criminological experience and carry it through personal narratives. To understand the big criminological issues from one case, one face, one story.
Consider this: According to the National Crime Agency over 100K children go missing in the UK each year; but we all remember the case of little Madeleine McCann that happened over 13 years ago in Portugal. Each year approximately 65 children are murdered in the UK (based on estimates from the NSPCC, but collectively we remember them as James Bulger, Holly Wells and Jessica Chapman. Over 100 people lost their lives to racially motivated attacks, in recent years but only one name we seem to remember that of Stephen Lawrence (Institute of Race Relations).
Criminologists in the past have questioned why some people are remembered whilst others are forgotten. Why some victims remain immortalised in a collective consciousness, whilst others become nothing more than a figure. In absolute numbers, the people’s case recollection is incredibly small considering the volume of the incidents. Some of the cases are over 30 years old, whilst others that happened much more recently are dead and buried.
Nils Christie has called this situation “the ideal victim” where some of those numerous victims are regarded “deserving victims” and given legitimacy to their claim of being wronged. The process of achieving the ideal victim status is not straightforward or ever clear cut. In the previous examples, Stephen Lawrence’s memory remained alive after his family fought hard for it and despite the adverse circumstances they faced. Likewise, the McGann family did the same. Those families and many victims face a reality that criminology sometimes ignores; that in order to be a victim you must be recognised as one. Otherwise, the only thing that you can hope for it that you are recorded in the statistics; so that the victimisation becomes measured but not experienced. This part is incredibly important because people read crime stories and become fascinated with criminals, but this fascination does not extend to the victims their crimes leave behind.
Then there are those voices that are muted, silenced, excluded and discounted. People who are forced to live in the margins of society not out of choice, people who lack the legitimacy of claim for their victimisation. Then there are those whose experience was not even counted. In view of recent events, consider those millions of people who lived in slavery. In the UK, the Slavery Abolition Act of 1833 and in the US the Emancipation Proclamation Act of 1863 ostensibly ended slavery.
Legally, those who were under the ownership of others became a victim of crime and their suffering a criminal offence. Still over 150 years have passed, but many Black and ethnic minorities identify that many issues, including systemic racism, emanate from that era, because they have never been dealt with. These acts ended slavery, but compensated the owners and not the slaves. Reparations have never been discussed and for the UK it took 180 years to apologise for slavery. At that pace, compensation may take many more decades to be discussed. In the meantime, do we have any collective images of those enslaved? Have we heard their voices? Do we know what they experience? Some years ago, whilst in the American Criminology Conference, I came across some work done by the Library of Congress on slave narratives. It was part of the Federal Writers’ Project during the great depression, that transcribed volumes of interviews of past slaves. The outcome is outstanding, but it is very hard to read.
In the spirit of the one victim, the ideal victim, I am citing verbatim extracts from two ex-slaves Hannah Allen, and Mary Bell, both slaves from Missouri. Unfortunately, no images, no great explanation. These are only two of the narratives of a crime that the world tries to forget.
“I was born in 1830 on Castor River bout fourteen miles east of Fredericktown, Mo. My birthday is December 24. […] My father come from Perry County. He wus named Abernathy. My father’s father was a white man. My white people come from Castor and dey owned my mother and I was two years old when my mother was sold. De white people kept two of us and sold mother and three children in New Orleans. Me and my brother was kept by de Bollingers. This was 1832. De white people kept us in de house and I took care of de babies most of de time but worked in de field a little bit. Dey had six boys. […] I ve been living here since de Civil War. Dis is de third house that I built on dis spot. What I think ‘bout slavery? Well we is getting long purty well now and I believe its best to not agitate”.
Hannah Allen
“I was born in Missouri, May 1 1852 and owned by an old maid named Miss Kitty Diggs. I had two sisters and three brothers. One of my brothers was killed in de Civil War, and one died here in St. Louis in 1919. His name was Spot. My other brother, four years younger than I, died in October, 1925 in Colorado Springs. Slavery was a mighty hard life. Kitty Diggs hired me out to a Presbyterian minister when I was seven years old, to take care of three children. I nursed in da family one year. Den Miss Diggs hired me out to a baker named Henry Tillman to nurse three children. I nurse there two years. Neither family was nice to me.”
Mary Bell
When people said “I don’t understand”, my job as an educator is to ask how can I help you understand? In education, as in life, we have to have the thirst of knowledge, the curiosity to learn. Then when we read the story of one, we know, that this is not a sole event, a bad coincidence, a sad incident, but the reality for people around us; and their voices must be heard.
References
Nils Christie (1986) The Ideal Victim, in Fattah Ezzat A (eds) From Crime Policy to Victim Policy, Palgrave Macmillan, London
Missouri Slave Narratives, A folk History of Slavery in Missouri from Interviews with Former Slaves, Library of Congress, Applewood Books, Bedford
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The struggle is real
© Jonathan McHugh
Stephanie is a BA Criminology graduate of 2019 and was motivated to write this blog through the experience of her own dissertation.
Last year was a very important time for me, during my second year of studying Criminology I began doing a work placement with Race Act 40, which was an oral history project to celebrate 40 years of the Race Relations Act 1974. The interviews that were conducted during my placement allowed me to get a variety of in-depth stories about racial inequalities of Afro-Caribbean migration settlers in the UK. During my time with the Race Act 40 project it became clear to me that the people who had volunteered their stories had witnessed a long line of injustices from not only individuals within society, but also institutions that makeup the ‘moral fabric’ within society. When exploring whether they have seen changes post and pre-Race Relations they insisted that although the individual within society treated them better and accepted them post-Race relations, to an extent there is a long way to go to improve the hostile relationships that has been formed with politicians and police.
The notion of hostility between politicians and the Afro-Caribbean community was reinforced, as the UK was going through the Windrush scandal which affected the core of every Afro-Caribbean household within the UK. This was extremely important for me as both paternal and maternal grandparents were first generation Windrush settlers. During the scandal my father became extremely anxious and the ramifications of the Windrush scandal hit home when some of his friends that came to the UK in 1961, the same time as he did, were detained and deported on the grounds of them being ‘illegals’. The UK Government used their ‘Hostile Environment’ policy to reintroduce Section 3 paragraph 8 of the Immigration Act 1971, which puts burden of proof on anyone that is challenged about their legal status in the UK’.
The UK government was ‘legally’ able to deport Caribbean settlers, as many of them did not have a British passport and could not prove their legal right to be in the UK and the Home Office could not help them prove their legal rights because all archival documents had been destroyed. This was a hard pill to swallow, as the United Kingdom documents and preserves all areas of history yet, overnight, the memory of my family’s journey to the UK was removed from the National Archives, without any explanation or reasoning. The anxiety that my father felt quickly spread over my whole family and while I wanted to scream and kick down doors demanding answers, I used my family’s history and the experiences of other Black people under British colonial rule as the basis for my dissertation. The hostility that they faced stepping off the Windrush echoed similar hostility they were facing in 2018, the fact that the British government had started deporting people who were invited into the country as commonwealth workers to build a country that had been torn apart as a corollary of war was a slap in the face.
Under Winston Churchill’s government, officials were employed to research Black communities to prove they were disproportionately criminal as a strategy to legally remove them from the UK and although they did not have any evidence to prove this notion the government did not apologize for the distasteful and racist treatment they demonstrated. It is hard to convince Black people in 2019 that they are not targets of poor similar treatment when they have been criminalised again and documents have been destroyed to exonerate them from criminality.
A final thought:
I have outlined the reasons why this topic has been important to me and my advice to any Criminology student who is going to be writing a dissertation is, to find a topic that is important and relevant to you, if you are passionate about a topic it will shine through in your research.
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How literature failed me as a black student
My name is Francine Bitalo, I am 21 years old and a Criminology undergraduate at the University of Northampton. Coming from a black African background I have always had a strong interest in the Criminal Justice System and its treatment towards different groups in society.
My dissertation was based on the impact of police practices such as stop and search on young black men and their families. Whilst statistics present the alarming racial disproportionately which exist in many areas in the criminal justice system, it fails to portray the long-lasting effects it has had on Black families. For example, the daily harassment and differential treatment subjected to young Black men has forced black families to reinvent themselves to conform to institutional racism. Coming from a Black family myself and having male family member, the findings in my dissertation quickly became personal to me, as I could constantly relate them to the structuring of my own family. For example, the fact that it would take my father longer to find a job due to institutional racism, making my mother the breadwinner, or when my mother is preparing my brothers for police harassment and discrimination, but not me and sisters.
While conducting my research I was quick to learn that what literature may describe as a phenomenon, for many of us is a reality. If I am honest the writing stage of my dissertation was difficult for me because it was a passionate topic. I experienced a lot of self-doubt regarding my positionality for example, being a Black woman and facing my own forms of discrimination and now having to talk about the experiences of young Black men. I think my dissertation tutor would agree with me on this as I remember emailing her after I submitted my work expressing how I felt like I didn’t effectively capture the effects and the voices of the young Black men I interviewed, despite that being my main goal. I mean who would blame me, as a student, if I am honest I felt like literature really let me down for instance, when writing my literature review I found that literature neglected the subject of racism solely from the perspectives of young Black men, despite statistics showing them to being the largest group to experience institutional racism. At this point I had to laugh at the criminal justice system and its propositions to improving police relations as well as re offending.
With that being said the information I did come across I couldn’t help but sense the notion of white privilege lingering in the perspective of some scholars. I understand this is a strong claim to make however I say this because not only did literature provide little of the work of Black scholars regarding the topic, yet it was evident that most white scholars did not see the issue with stop and search and its discriminate use. Arguments for this were discussed in my dissertation for example, some argued that the process of racial socialisation in Black households were ineffective to police relations and the functioning of their services, which creates the notion that the Black community should submit to discrimination and harassment in favour of procedures and compliance during police encounter. Some tried to justify the disproportionality in stop and search by claiming that young Black men should be harassed because they tend to be out more especially in certain urban areas or the disproportionate targeting of Black minors is due to parental criminality. I felt there was a lack of accountability from white scholar thus, little understanding in the issue of race which is natural because their experiences do not allow them to understand. Yet this led me to ask questions such as why shouldn’t Black mothers have the right to prepare their sons for police discrimination, does it matter what time and area should a person of colour be around for them to be targeted at?
After completing my dissertation and getting a First Class I felt extremely proud of myself, the fact that I did not shy away from the research topic despite it being limited in literature. As a result, it was satisfying to know that I was able to articulate the experiences of others to a First Class standard. I hope this can encourage others to trust in their abilities and put aside any doubts especially when choosing a research topic. As a student writing a dissertation or even an assignment, I believe we should explore the unexplored, open the unopened and always be willing to discover and learn. Do not be afraid of researching something that is limited or has never been done. Lastly as my dissertation was extremely passionate to me I have decided to turn it into a personal project and continue researching the topic
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Teaching Criminology….Cui Bono?
Following several conversations with students and reflecting on another year of studying it got me thinking, what is or can be the quintessentially criminological issue that we can impart onto them? It is always interesting to hear from others how your ideas are transferred into their notes, phrases and general understanding. I think that there are a few things that are becoming clear early on, like the usual amazement of those outside the discipline who hear one studying criminology; a reverence as if the person reading the subject is on a par with those committing the deed. There is a natural curiosity to crime in all walks of life and those seen closer to the topic, attract part of that curiosity.
There are however some more profound issues relating to criminology that are neither clear nor so straightforward. The discipline is an amalgamation of thoughts and theories making it incredibly difficult to pinpoint a generic appreciation for the discipline. Some of us like the social discourses relating to social injustice, a matter traditionally closer to sociology or social work, while others ponder the conceptual dynamics of human behaviour, mostly addressed in philosophical debates, then there are those who find the individual characteristics and personality socio-dynamic dimensions intriguing. These distinct impressions will not only inform our understanding but will also provide each of us with a perspective, a way of understanding criminology at a granular level.
In criminological discourses, informed by law, I used to pose the old Latin question: Cui bono (who benefits)? A question posed by the old legal experts to trace liability and responsibility of the act committed. Obviously in their view crime is a choice committed freely by a deviant mind. But then I was never a legal expert, so my take on the old question was rather subversive. The question of who benefits can potentially lay the question of responsibility wide open, if it is to be looked from a social harm perspective. The original question was incredibly precise to identify a person for the benefit of a trial. That’s the old criminal evidence track.
Taking this question outside the forensic setting and suddenly this becomes quite a loaded query that can unpack different responses. Cui bono? Why are we talking about drug abuse as a crime and not about tax avoidance? Why is the first regarded a crime, whilst the second is simply frowned upon? Cui bono? When we criminalise the movement of people whose undocumented by we have very little information for those who have procured numerous properties in the country? If our objection is on transparency of movement then there is clearly a difference of how this is addressed. Cui bono? When we identify violence at interpersonal level and we have the mechanisms to suppress it, but we can engage in state violence against another state without applying the same mechanisms? If our objection is the use of violence, this is something that needs to be addressed regardless of the situation, but it is not. Ironically some of the state violence, may contribute to the movement of people, may contribute to the exploitation of population and to the use of substances of those who returned home broken from a violence they embraced.
Our criminology is merely informed from our perspective and it is my perspective that led me to those thoughts. I am very sure that another colleague would have been making a series of different connections when asked “Cui Bono?”
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Celebrations and Commemorations: What to remember and what to forget
Today is Good Friday (in the UK at least) a day full of meaning for those of the Christian faith. For others, more secularly minded, today is the beginning of a long weekend. For Blur (1994), these special days manifest in a brief escape from work:
Bank holiday comes six times a year
Days of enjoyment to which everyone cheers
Bank holiday comes with six-pack of beer
Then it’s back to work A-G-A-I-N
(James et al., 1994).
However, you choose to spend your long weekend (that is, if you are lucky enough to have one), Easter is a time to pause and mark the occasion (however, you might choose). This occasion appears annually on the UK calendar alongside a number other dates identified as special or meaningful; Bandi Chhorh Divas, Christmas, Diwali, Eid al-Adha, Father’s Day, Guys Fawkes’ Night, Hallowe’en, Hanukkah, Hogmanay, Holi, Mothering Sunday, Navaratri, Shrove Tuesday, Ramadan, Yule and so on. Alongside these are more personal occasions; birthdays, first days at school/college/university, work, graduations, marriages and bereavements. When marked, each of these days is surrounded by ritual, some more elaborate than others. Although many of these special days have a religious connection, it is not uncommon (in the UK at least) to mark them with non-religious ritual. For example; putting a decorated tree in your house, eating chocolate eggs or going trick or treating. Nevertheless, many of these special dates have been marked for centuries and whatever meanings you apply individually, there is an acknowledgement that each of these has a place in many people’s lives.
Alongside these permanent fixtures in the year, other commemorations occur, and it is here where I want to focus my attention. Who decides what will be commemorated and who decides how it will be commemorated? For example; Armistice Day which in 2018 marked 100 years since the end of World War I. This commemoration is modern, in comparison with the celebrations I discuss above, yet it has a set of rituals which are fiercely protected (Tweedy, 2015). Prior to 11.11.18 I raised the issue of the appropriateness of displaying RBL poppies on a multi-cultural campus in the twenty-first century, but to no avail. This commemoration is marked on behalf of individuals who are no longing living. More importantly, there is no living person alive who survived the carnage of WWI, to engage with the rituals. Whilst the sheer horror of WWI, not to mention WWII, which began a mere 21 years later, makes commemoration important to many, given the long-standing impact both had (and continue to have). Likewise, last year the centenary of (some) women and men gaining suffrage in the UK was deemed worthy of commemoration. This, as with WWI and WWII, was life-changing and had profound impact on society, yet is not an annual commemoration. Nevertheless, these commemoration offer the prospect of learning from history and making sure that as a society, we do much better.
Other examples less clear-cut include the sinking of RMS Titanic on 15 April 1912 (1,503 dead). An annual commemoration was held at Belfast’s City Hall and paying guests to the Titanic Museum could watch A Night to Remember. This year’s anniversary was further marked by the announcement that plans are afoot to exhume the dead, to try and identify the unknown victims. Far less interest is paid in her sister ship; RMS Lusitania (sank 1915, 1,198 dead). It is difficult to understand the hold this event (horrific as it was) still has and why attention is still raised on an annual basis. Of course, for the families affected by both disasters, commemoration may have meaning, but that does not explain why only one ship’s sinking is worthy of comment. Certainly it is unclear what lessons are to be learnt from this disaster.
Earlier this week, @anfieldbhoy discussed the importance of commemorating the 30th anniversary of the Hillsborough Disaster. This year also marks 30 years since the publication of MacPherson (1999) and Monday marks the 26th anniversary of Stephen Lawrence’s murder. In less than two months it will two years since the horror of Grenfell Tower. All of these events and many others (the murder of James Bulger, the shootings of Jean Charles de Menezes and Mark Duggan, the Dunblane and Hungerford massacres, to name but a few) are familiar and deemed important criminologically. But what sets these cases apart? What is it we want to remember? In the cases of Hillsborough, Lawrence and Grenfell, I would argue this is unfinished business and these horrible events remind us that, until there is justice, there can be no end.
However, what about Arthur Clatworthy? This is a name unknown to many and forgotten by most. Mr Clatworthy was a 20-year-old borstal boy, who died in Wormwood Scrubs in 1945. Prior to his death he had told his mother that he had been assaulted by prison officers. In the Houses of Parliament, the MP for Shoreditch, Mr Thurtle told a tale, familiar to twenty-first century criminologists, of institutional violence. If commemoration was about just learning from the past, we would all be familiar with the death of Mr Clatworthy. His case would be held up as a shining example of how we do things differently today, how such horrific events could never happen again. Unfortunately, that is not the case and Mr Clatworthy’s death remains unremarked and unremarkable. So again, I ask the question: who decides what it is worthy of commemoration?
Selected Bibliography:
James, Alexander, Rowntree, David, Albarn, Damon and Coxon, Graham, (1994), Bank Holiday, [CD], Recorded by Blur in Parklife, Food SBK, [RAK Studios]
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Hillsborough 30 years on. A case study in liberating the truth
Dr Stephen O’Brien is the Dean for the Faculty of Health and Society at the University of Northampton
Before I start this blog, it is important to declare my personal position. I am a lifelong supporter of Liverpool Football Club (LFC) and had I not been at a friend’s wedding on that fatal Saturday in April 1989, I may well have been in the Leppings Lane end of the Hillsborough stadium in Sheffield. I have followed the unfolding Hillsborough phenomenon for 30 years now and like the football club itself, it is an integral part of my life. To all caught up in the horrific events of Hillsborough, I echo a phrase synonymous with LFC and say; “You’ll Never Walk Alone”.
On April 15th, 1989 ninety-six men, women and children, supporters of Liverpool Football Club, died in a severe crush at an FA Cup semi-final at the Hillsborough Stadium, Sheffield. Hundreds were injured, and thousands traumatised. Within hours, the causes and circumstances of the disaster were being contested. While an initial judicial inquiry found serious institutional failures in the policing and management of the capacity crowd, no criminal prosecutions resulted, and the inquests returned ‘accidental death’ verdicts. Immediately, the authorities claimed that drunken, violent fans had caused the fatal crush. In the days and weeks following the disaster, police fed false stories to the press suggesting that hooliganism and drunkenness by Liverpool supporters were the root causes of the disaster. The media briefing was most significantly demonstrated in the headline “THE TRUTH” which appeared in The Sun newspaper immediately after the event devoting its front page to the story and reporting that: ‘Some fans picked pockets of victims; Some fans urinated on the brave cops; Some fans beat up PC giving life kiss’. What of course we appreciate now is that this headline was far from truth, however the blame narrative was already being set. For example, Chief Superintendent David Duckenfield, the match commander on the day, misinformed senior officials from the Football Association that fans had forced entry causing an inrush into already packed stadium pens. Yet it was Duckenfield who had ordered the opening of the gates to relieve the crush at the turnstiles. Within minutes the lie was broadcast internationally.
Blaming of Liverpool fans persisted even after the Taylor Report of 1990, which found that the main cause of the disaster was a profound failure in police control. While directing its most damning conclusions towards the South Yorkshire Police, it also criticised Sheffield Wednesday Football Club, its safety engineers and Sheffield City Council. However, following the Taylor Report, the Director of Public Prosecutions (DPP) ruled there was no evidence to justify prosecution of any individuals or institutions. On a more positive note, the disaster did lead to safety improvements in the largest English football grounds, notably the elimination of fenced terraces in favour of all seated stadiums.With the media allegations unchallenged and in the absence of any imminent prosecutions the families of the 96 hugely supported by the people of the City of Liverpool and it’s two football clubs began an exerted and prolonged campaign for truth and justice. In late June 1997, soon after the election of the Labour Government and following a concerted campaign by families, the Home Secretary Jack Straw proposed an unprecedented judicial scrutiny of any new evidence and appointed senior appeal court judge and former MI6 Commissioner Lord Justice Stuart-Smith to review further material that interested parties wished to submit. A large volume of new material was presented. However, Stuart-Smith rejected the new evidence concluding that there was no basis for a further public inquiry or new material of interest to the DPP or police disciplinary authorities. Undeterred by such a devastating outcome the families undertook a series of private prosecutions again to no avail.
It is important to note that public inquiries, convened in the aftermath of major incidents such as Hillsborough or to address alleged irregularities or failures in the administration of justice, should not be considered a panacea but provide an opportunity to speedily ensure that management failings are exposed to public scrutiny. They are popularly perceived to be objective and politically independent. On the other hand, they also have the potential to act as a convenient mechanism of legitimation for the state. It appeared to the families that the various inquiries that followed Hillsborough were incapable of surfacing the truth as the cards were stacked in favour of the state.
Roll forward to 2009. On the 20th anniversary, invited by the Hillsborough Family Support Group, Minister for Health Andy Burnham MP addressed over 30,000 people attending the annual memorial service at Liverpool FC’s Anfield stadium. Whilst acknowledging the dignity, resolve and courage they had exhibited in all the events of the previous 20 years he offered support and hope that their struggle would be further supported by the MPs in Liverpool as a whole. The cries of “Justice for the 96” that rang out that day heralded a turning point. Consequently, in December 2009, following the families unrelenting campaign, the Bishop of Liverpool, James Jones, was appointed to chair the Hillsborough Independent Panel. It was given unfettered access to all the documentation that had been generated in all the enquiries and investigations to date. The outcomes of their deliberations were presented in closed session to the bereaved families at Liverpool’s Anglican Cathedral on 12 September 2012, the report concluded that there was no evidence among the vast documentation to support or verify the serious allegations of exceptional levels of drunkenness, fans with no tickets or violence. The bereaved families and survivors were overwhelmed by the unqualified exoneration of those who died and survived. Shortly after, the Prime Minister David Cameron responded in detail to a packed House of Commons. He made a proper apology to the families of the 96 for all they have suffered over the past 23 years. In April 2016, a special Coroner’s Court ruled that the Hillsborough dead had been unlawfully killed and a campaign for justice that had run for well over two decades was concluded.
This year will be the 30th anniversary of that tragic event and I believe it is fair to say that the ensuing years have provided us with a troubling case study with features of institutional cover up, the power of the state, the Establishment, the resilience of the victim’s families, community and a social movement which Scraton (1999, 2013) refers to as an alternative method for liberating truth, securing acknowledgement and pursuing justice. Scraton has written extensively on the disaster and the subsequent events. He draws on human rights discourse to show how ‘regimes of truth’ operate to protect and sustain the interests of the ‘powerful’. He examined in detail the formal legal processes and their outcomes regarding Hillsborough and demonstrated how they were manipulated to degrade the truth and deny justice to the bereaved. He exposed the procedural and structural inadequacies of these processes and raised fundamental questions about the legal and political accountability of the instruments of authority. The broader socio/legal policy question that emerges from Hillsborough is whether ‘truth’ can ever be acknowledged and institutionalized injustices reconciled in a timely fashion when the force of the state apparatus works to differing ends. Time will only tell. In 2019 there are many other tragic examples where we could replace Hillsborough with Orgreave, Lawrence, Windrush, Grenfell. Let’s hope that it doesn’t take 30 years for truth and justice to emerge in the future.
References
Scraton P., (1999) Policing with Contempt: The Degrading of Truth and Denial of Justice in the Aftermath of the Hillsborough Disaster. Journal of Law and Society 26, 3, p273-297
Scraton P., (2013) The Legacy of Hillsborough: liberating truth, challenging power Race and Class, 55, 2, p1-27
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What Price Peace? The Belfast Agreement 20 years on
Image from January 2019: red white and blue curb stones demark this as a loyalist area in Belfast
Dr Helen Poole is Deputy Dean in the Faculty of Health and Society and Lead for University of Northampton’s Research Centre for the Reduction of Gun Crime, Trafficking and Terrorism
I recently had the privilege to join a Law Masters field trip to Northern Ireland. I had few pre-conceptions when I left, but I had come to understand the 1998 Belfast Agreement, often deemed to be under threat from BREXIT arrangements, was tenuous at best, regardless of the any deal or no deal situation with Europe. Indeed, our trip to Derry had to be cancelled due to a car bomb explosion a few days before, reported in some press to be motivated by BREXIT, but more likely designed to mark 100 years since the start of the Irish War of Independence.
What became clear after long discussions with representatives from the Police Service of Northern Ireland (PSNI), an ex-political prisoner, and a member of the suspended Legislative Assembly at Stormont, is that Northern Ireland has been far from peaceful in the last 20 years, but the nature of the threat has changed. Furthermore, the risks of returning to the days of political conflict are dependent not only on whatever BREXIT brings, but also on the fact that there has been no effective Assembly in Northern Ireland for over 2 years, increasing the chances of a return to direct rule from Westminster. Furthermore, the complexity of the situation is considerable, with multiple groups active within discreet areas of Belfast and elsewhere in Northern Ireland.
There is much being discussed at the moment regarding the crime-terror nexus, the idea that criminals and terrorists cooperate, co-exist or perhaps adopt one another’s tactics in order to further their respective causes: financial gain and ideology respectively. However, it is perhaps more accurate to say that terrorists in Northern Ireland moved from organised criminal activity to support their ideological plight, a sort of necessary evil, to becoming predominately organised criminals using ideology to legitimise their activities, which include drug dealing, prostitution, money laundering, extortion, and the trafficking of fuel, tobacco, alcohol, drugs, people and firearms.
This loose alignment of organised criminals to distinct groups who were active in the conflict provides them with a legitimacy in communities, which enables them to continue with their activities largely unchallenged. Coupled with this, years of distrust of the Royal Ulster Constabulary, now replaced with the PSNI, means that those masquerading as para-militaries, are often the communities first port of call when they are experiencing difficulties. These groups provide not only protection through a form of policing largely comprised of violence and intimidation, but also act as a pseudo-Citizen’s Advice Bureau, coaching individuals on maximising their benefit awards for example. It is well-known that these groups exert their own form of justice, such as pre-arranged shootings, which has led the Government to release a media campaign in an attempt to tackle this. We have thus reached a situation where organised criminal groups are running some communities by a form of consent as a result of a perceived lack of any other legitimate authority to represent them.
