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Criminology for all (including children and penguins)!
As a wise woman once wrote on this blog, Criminology is everywhere! a statement I wholeheartedly agree with, certainly my latest module Imagining Crime has this mantra at its heart. This Christmas, I did not watch much television, far more important things to do, including spending time with family and catching up on reading. But there was one film I could not miss! I should add a disclaimer here, I’m a huge fan of Wallace and Gromit, so it should come as no surprise, that I made sure I was sitting very comfortably for Wallace & Gromit: Vengeance Most Fowl. The timing of the broadcast, as well as it’s age rating (PG), clearly indicate that the film is designed for family viewing, and even the smallest members can find something to enjoy in the bright colours and funny looking characters. However, there is something far darker hidden in plain sight.
All of Aardman’s Wallace and Gromit animations contain criminological themes, think sheep rustling, serial (or should that be cereal) murder, and of course the original theft of the blue diamond and this latest outing was no different. As a team we talk a lot about Public Criminology, and for those who have never studied the discipline, there is no better place to start…. If you don’t believe me, let’s have a look at some of the criminological themes explored in the film:
Sentencing Practice
In 1993, Feathers McGraw (pictured above) was sent to prison (zoo) for life for his foiled attempt to steal the blue diamond (see The Wrong Trousers for more detail). If we consider murder carries a mandatory life sentence and theft a maximum of seven years incarceration, it looks like our penguin offender has been the victim of a serious miscarriage of justice. No wonder he looks so cross!
Policing Culture
In Vengeance Most Fowl we are reacquainted with Chief Inspector Mcintyre (see The Curse of the Were-Rabbit for more detail) and meet PC Mukherjee, one an experienced copper and the other a rookie, fresh from her training. Leaving aside the size of the police force and the diversity reflected in the team (certainly not a reflection of policing in England and Wales), there is plenty more to explore. For example, the dismissive behaviour of Mcintyre toward Mukherjee’s training. learning is not enough, she must focus on developing a “copper’s gut”. Mukherjee also needs to show reverence toward her boss and is regularly criticised for overstepping the mark, for instance by filling the station with Wallace’s inventions. There is also the underlying message that the Chief Inspector is convinced of Wallace’s guilt and therefore, evidence that points away from should be ignored. Despite this Mukherjee retains her enthusiasm for policing, stays true to her training and remains alert to all possibilities.
Prison Regime
The facility in which Feathers McGraw is incarcerated is bleak, like many of our Victorian prisons still in use (there are currently 32 in England and Wales). He has no bedding, no opportunities to engage in meaningful activities and appears to be subjected to solitary confinement. No wonder he has plenty of time and energy to focus on escape and vengeance! We hear the fear in the prison guards voice, as well as the disparaging comments directed toward the prisoner. All in all, what we see is a brutal regime designed to crush the offender. What is surprising is that Feathers McGraw still has capacity to plot and scheme after 31 years of captivity….
Mitigating Factors
Whilst Feathers McGraw may be the mastermind, from prison he is unable to do a great deal for himself. He gets round this by hacking into the robot gnome, Norbot. But what of Norbot’s free will, so beloved of Classical Criminology? Should he be held culpable for his role or does McGraw’s coercion and control, renders his part passive? Without, Norbot (and his clones), no crime could be committed, but do the mitigating factors excuse his/their behaviour? Questions like this occur within the criminal justice system on a regular basis, admittedly not involving robot gnomes, but the part played in criminality by mental illness, drug use, and the exploitation of children and other vulnerable people.
And finally:
Above are just some of the criminological themes I have identified, but there are many others, not least what appears to be Domestic Abuse, primarily coercive control, in Wallace and Gromit’s household. I also have not touched upon the implicit commentary around technology’s (including AI’s) tendency toward homogeneity. All of these will keep for classroom discussions when we get back to campus next week đ
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A response to the Governmentâs plans to address âMickey-mouse degreesâ.Â
The Governmentâs latest plans to scrap university courses that are being considered as âunder-achievingâ through poor graduate outcomes and progression should deeply concern all of us who work in and who have a passion for the Social Sciences, Arts and Humanities across Higher Education. It is no secret that Rishi Sunak and his Government have traditionally favoured apprentices in replacement of graduates. It is a truth that university and higher education is not for everyone, so whilst the value of undertaking an apprentice should be unequivocally un-challenged, this moment of rupture and insecurity for the Higher Education Sector should provoke us to think about how the culture of Higher Education has changed, and why people come to university in the first place. Engaging in these perspectives will put us in a stronger position to contribute to these debates occurring across the chambers of Parliament and at dinner tables across the country. So too should we as academics be actively challenging these attacks on the disciplines that we have passion for.
Before the awakening of neoliberalism, higher education was a vocation and a pursuit for those seeking to climb the ladder of âsocial mobilityâ. It is without question, that UK universities, particularly in the inter-war and the early post-war period were filled with young people with pre-existing economic fortune and privilege. Universities were not spaces for the working classes, nor for individuals achieving low grades outcomes. However, we can acknowledge that the class-based, gender and racial barriers into Higher Education have improved, yet we still have progress to make moving forward. Since the 2008 Global Financial Crash and the series of events that have followed, the motivations for coming to university have largely changed. Seemingly, it is predicated on a mode of response to economic re-structuring, particularly when the opportunities in the labour markets erode and become increasingly competitive, university seems for some as a suitable option to both buy time and up-skill to âstand outâ. A sad truth remains however that these gravitations to university have contributed to degree inflation that has changed the way we see and value a degree. These changes have partially allowed the Government to play loose and fast with degrees that they consider âworthlessâ. However, those of us who actively teach and research in the social sciences will know that these degrees are invaluableâŚ. Invaluable through teaching students to critically think about the seemingly ânormal worldâ around them- to question the logic of everyday practices, attitudes, norms and values that are engrained into our social fabric. To work with communities and organisations to identify and respond to issues of criminal and social injusticeâŚ. Be that austerity, homelessness, poverty, miscarriages of justice, and inequality. With this in mind, as educators in the social sciences, arts and humanities, we have a duty to show-case the momentous impact of our disciplines. To show-case movements of activism, government lobbying and social change. This emphasises the importance of research, knowledge exchange and adopting pedagogies enabling students to develop these works. Only then, can we put forward cases for impacts that at a government level could challenge these narratives. So too can we utilise these cases to infuse a passion for the discipline that with luck would enable a student to make a choice of coming to university that is right for them.
As a sector, we have numerous challenges facing usâŚ. we need to think like and be activistsâŚ. We need to embody what we teach and speak out against those who reduce our work as a âworthlessâ or âMickey-Mouseâ degree. We may not change the Governmentâs approach but at least if departments do get shut downâŚ. We went with a fight.
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What cost justice? What crisis?
The case of Andrew Malkinson represents yet another in the long list of miscarriages of justice in the United Kingdom. Those that study criminology and those practitioners involved in the criminal justice system have a reasonable grasp of how such cases come about. More often than not it is a result of police malpractice, negligence, culture and error. Occasionally it is as a result of poor direction in court by the trial judge or failures by the CPS, the prosecution team or even the defence team. The tragic case of Stefan Kiszko is a good example of multiple failures by different bodies including the defence. Previous attempts at addressing the issues have seen the introduction of new laws such as the Police and Criminal Evidence Act 1984 and the Criminal Procedure and Investigations Act 1996. The former dealing in part with the treatment of suspects in custody and the latter with the disclosure of documents in criminal proceedings. Undoubtedly there have been significant improvements in the way suspects are dealt with and the way that cases are handled. Other interventions have been the introduction of the Crown Prosecution Service (CPS), removing in part, charging decisions from the police and the introduction of the Criminal Cases Review Commission (CCRC) to review cases where an appeal has been lost but fresh evidence or information has come to light.
And yet, despite better police training regarding interviews and the treatment of suspects, better training in investigations as a whole, new restrictive laws and procedures, the independence of the CPS, the court appeal system and oversight by a body such as the CCRC, miscarriages of justice still occur. What sets the Malkinson case aside from the others appears to be the failure of the CCRC to take action on new information. The suggestion being that the decision was a financial one, with little to do with justice. If the latter is proved to be true, we will of course have to wait for the results of the inquiry, then how can anyone have any confidence in the justice system?
Over the years we have already seen swingeing cuts in budgets in the criminal justice system such that the system is overloaded. Try to pop into the local police station to make a complaint of a crime, you wonât find a station open to the public. Should you have been unfortunate enough to have been caught for some minor misdemeanour and need to go to magistratesâ court for a hearing, youâll be lucky if you donât have to travel some considerable distance to get there, good luck with that if you rely on public transport. Should you be the victim of a more serious crime or indeed charged with a more serious offence, triable in crown court, then youâll probably wait a couple of years before the trial. Unfortunate if you are the alleged offender and on remand, and if you are the victim, you could be forgiven for deciding that youâd rather put it all behind you and disengage with the system. But even to get to that stage, there has to be sufficient evidence to secure a prosecution and it has to be in the public interest to do so. Your day in court as a victim is likely to be hang on the vagaries of the CPS decision making process. A process that has one eye on the court backlog and another on performance targets. Little wonder the attrition rate in sex offences is so high. Gone are the days of letting a jury decide on occasions where the evidence hangs on little more than one personâs word against the other.
Andrew Malkinson and his legal representative have called for a judicial review, a review where witnesses can be compelled to attend to give evidence and documentary evidence can be demanded to be produced. Instead, the government has said there will be an independent inquiry. On a personal note, I have little faith in such inquiries. My experience is that they are rarely independent of government direction and wishes. Andrew Malkinsonâs case is a travesty and the least that can be done is to have a proper inquiry. I suspect though that the Malkinson case might just be the tip of the iceberg. The Criminal Justice System is in crisis but budgetary restraint and political whim seem to be far more important than justice. We can look forward to more finger pointing and yet more reorganisation and regulation.
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Chauvinâs Guilty Charges #BlackAsiaWithLove
Charge 1: Killing unintentionally while committing a felony.
Charge 2: Perpetrating an imminently dangerous act with no regard for human life.
Charge 3: Negligent and culpable of creating an unreasonable risk.
Guilty on all three charges.
Today, thereâs some hope to speak of. If we go by the book, all the prosecutionâs witnesses were correct. Former police officer Chauvinâs actions killed George Floyd. By extension, the other two officers/overseers are guilty, too, of negligence and gross disregard for life. They taunted and threatened onlookers when they werenât helping Chauvin kneel on Floyd. Kneeling on a personâs neck and shoulders until they die is nowhere written in any police training manual. The jury agreed, and swiftly took Chauvin into custody ď. Yet, contrary to the testimonials of the police trainers who testified against Chauvinâs actions, this is exactly what policing has been and continues to be for Black people in America.
They approached Floyd as guilty and acted as if they were there to deliver justice. No officer rendered aid. Although several prosecution witnesses detailed how they are all trained in such due diligence, yet witnesses and videos confirm not a bit of aid was rendered. In fact, the overseers hindered a few passing-by off-duty professionals from intervening to save Floydâs life, despite their persistent pleas. They acted as arbiters of death, like a cult. The officers all acted in character.
Teenager Darnella Frazier wept on the witness stand as she explained how she was drowning in guilt sincesheâd recorded the video of Chauvin murdering Mr. Floyd. She couldnât sleep because she deeply regrated not having done more to save him, and further worried for the lives many of her relatives – Black men like George Floyd, whom she felt were just as vulnerable. When recording the video, Ms. Frazier had her nine-year-old niece with her. âThe ambulance had to push him off of him,â the child recounts on the witness stand. No one can un-see this incident.
History shows that her video is the most vital piece of evidence. We know there would not have even been a trial given the official blue line (lie). There would not have been such global outcry if Corona hadnât given the world the time to watch. Plus, the pandemic itself is a dramatic reminder that âwhat was over there, is over here.â Indeed, we are all interconnected.
Nine minutes and twenty seconds of praying for time.
Since her video went viral last May, weâd seen footage of 8 minutes and 46 seconds of Chauvin shoving himself on top of âthe suspectâ. Now: During the trial, we got to see additional footage from police body-cameras and nearby surveillance, showing Chauvin on top of Mr. Floyd for nine minutes and twenty seconds. Through this, Dr. Martin Tobin, a pulmonary critical care physician, was able to walk the jury through each exact moment that Floyd uttered his last words, took his last breath, and pumped his last heartbeat. Using freeze-frames from Chauvinâs own body cam, Dr. Tobin showed when Mr. Floyd was âliterally trying to breathe with his fingers and knuckles.â This was Mr. Floydâs only way to try to free his remaining, functioning lung, he explained.
Nine minutes and twenty seconds. Could you breathe with three big, angry grown men kneeling on top of you, wrangling to restrain you, shouting and demeaning you, pressing all of their weight down against you?
Even after Mr. Floyd begged for his momma, even after the man was unresponsive, and even still minutes after Floyd had lost a pulse, officer Chauvin knelt on his neck and shoulders. Chauvin knelt on the manâs neck even after paramedics had arrived and requested he make way. They had to pull the officer off of Floydâs neck. The police initially called Mr. Floydâs death âa medical incident during police interaction.â Yes, dear George, âitâs hard to love, thereâs so much to hate.â Today, at least, thereâs some hope to speak 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 Beccariaâs treatise On Crimes and Punishments demonstrated how humanist principles can affect procedure and sentencing.
This justice system was/is our social âice creamâ. Desirable and available to all citizens. A system beyond people and social status, able to call individuals to account. Unfortunately like my childhood âice creamâ 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 systemâs 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 itâs been advertisedâŚfair.      Â
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Within Grey Walls
“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment! Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”
Everyone has the right to life, liberty and security of person (1).
Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.
However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?
The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).
Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).
According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6).
This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.
However, what is it actually like being on death row?
June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.
He has shared some of his thoughts of what it is like to be on death row:
“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.
Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.
Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever!
References
(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/ Accessed on 21/01/2020
(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons Accessed on 24/03/2020
(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/ Accessed on 24/03/2020
(4) Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim
(5) Ibid
(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’ Available online at: https://www.snopes.com/fact-check/george-stinney-execution-exoneration/ Accessed on 24/03/2020
Other
Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp
Human Writes: https://www.humanwrites.org
Thoughts from the criminology team 