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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!
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.
An alternative Christmas message
Sometime in October stores start putting out Christmas decorations, in November they slowly begin to play festive music and by December people organise office parties and exchange festive cards. For the best part of the last few decades these festive conventions seem to play a pivotal role in the lead up to Christmas. There are jumpers with messages, boxes of chocolates and sweets all designed to spread some festivity around. For those working, studying, or both, their December calendar is also a reminder of the first real break for some since summer.
The lead up to Christmas with the music, stories and wishes continues all the way to the New Year when people seem to share their goodwill around. Families have all sorts of traditions, putting up the Xmas tree on this day, ordering food from the grocers on that day, sending cards to friends and family by that day. An arrangement of dates and activities. On average every person starts in early December recounting their festive schedule. Lunch at mum’s, dinner at my brother’s, nan on Boxing Day with the doilies on the plates, New Years Eve at the Smiths where Mr Smith gets hilariously drunk and starts telling inappropriate jokes and New Year’s at the in-laws with their sour-faced neighbour.
People arrange festivities to please people around them; families reunite, friends are invited, meaningful gifts are bought for significant others and of course buy we gifts for children. Oh, the children love Christmas! The lights, the festive arrangements, the delightful activities, and the gifts! The newest trends, the must have toys, all shiny and new, wrapped up in beautiful papers with ribbons and bows. In the festive season, we must not forget the kind words we exchange, the messages send by local communities, politicians and even royalty. Words full of warmth, well-meaning, perspective and reflection. Almost magical the sights and sounds wrapped around us for over a month to make us feel festive.
It is all too beautiful, so you can be forgiven to hardly notice the lumbering shadow, at the door of an abandoned shop. Homelessness is not a lifestyle as despicably declared by a Conservative councillor/newspapers decades ago. It is the human casualty of those who have been priced out in the war of life. Even since the world went into a deep freeze due to the recession over a decade ago and the world is still in the clutches of that freeze. More people read about Christmas stories in books and in movies, because an even increasing number of people do not share the experience. Homelessness is the result of years of criminal indifference and social neglect that leads more people to live and experience poverty. A spectre is haunting Europe, the spectre of homelessness. There is no goodwill at the inn whilst the sins of the “father” are now returning in the continent! Centuries of colonial oppression across the world lead to a wave of refugees fleeing exploitation, persecution, and crippling poverty. Unlike the inn-keeper and his daughter, the roads are closed, and the passages are blocked. Clearly, they don’t fit with the atmosphere… nor do the homeless. Come to think of it, neither do the old people who live alone in their cold homes. None of these fit with the festive narrative.
As I walked down a street I passed a homeless guy is curled up in a shop door. A combination of cardboard, sleeping bag and newspapers all jumbled together. Next to him a dog on the cardboard and around them fairy lights. This man I do not know, his face I have not seen, his identity I ignore; but I imagine that when he was born, there was someone who congratulated his mother for having a healthy boy. Now he is alone, fortunate to have a canine companion, as so many do not have anyone. What stands out is that this person, who our festive plans had excluded, is there with his fairy lights, maybe the most festive of all people, without a burgundy coat, I hear some people like these days.
It is so difficult to say Merry Christmas this year. In a previous entry the world cup and its aftermath left a bitter taste in those who believe in making a better world. The economic gap between whose who have and those who do not, increases; the social inequalities deepen but I feel that we can be like that man with the fairy lights, fight back, rise up and end the party for those who like to wear burgundy, or those who like to speak for world events, at a price.
Merry Christmas, my dear criminologists, the world can change, when we become the agents of change.
A year of many firsts
2020 was a year of many firsts for myself, and therefore in spite of the global pandemic (which brought with it the destruction of lives both figuratively and literally) it was actually quite an interesting personal year. I am exceptionally fortunate to be able to say I still have my health (physical, cannot claim with as much certainty about my mental health), a job, a roof over my head and have not suffered direct loss of loved ones due to COVID. Therefore, I feel a content warning is required: this blog does not look to boast or minimalize all the loss, hardship and destruction that was experienced in 2020. But taking a leaf out of my colleagues’ book, I would like to try and reflect upon 2020 positively where possible: and in all honesty I experienced some really beautiful firsts in 2020.
January 2020 saw the most magical ‘first’ I have experienced in my life: the first (and I am very hopeful my only) day as a bride! The day was filled with so much love, joy, food and laughter: where memories where created which cause me to smile on even my darkest days! And with this magical day came a wonderful honeymoon where my first experiences as a newly-wed were not too shabby at all! The Dominican Republic was beautiful in scenery, activities and people! Again, memories which fill me with warmth.
January also saw me graduate with my first masters, although I did not attend the graduation as was sunning it up with cocktails and novels in the DR!
During the first lockdown, my partner and I moved. This brought with it my first experience of living without a washing machine, along with my first experience of purchasing a washing machine (not that fun and quite expensive!). It was also my first experience of living in a house with my partner, with more than 3 rooms! Which, during a lockdown, proved to be essential in many ways: a luxury I know many could not afford.
The Criminology book club began in lockdown (not my first book club: sorry guys), but it was my first virtual book club which is something! Along with this came the delivery of workshops online, another first, and later in the year the delivery of lectures online, again another first! I also experienced my first online interview (panel, presentation the whole works) which was joyous. And received my first offer of full-time employment.
The holiday season brought with it the odd few firsts as well. It was the first holiday season my partner did not work in all the years I have known them (not through choice unfortunately), it was the first time we both drank on Christmas day (partner is usually driving or conscious of work on Boxing day). And it was the first time I did not feel the ‘lull’ in between Christmas and New Years, which was more scary than anything else.
2020 started out with such promise and hope, and threw some serious ‘end of the world’ vibes at us, and for some these were more than just vibes. It has been hard for all and catastrophic for many, but there have been glimmers throughout the year which have kept us going when it did not seem possible. For me 2020 will always be the year of destruction but also a year of firsts: some of which are currently up there as the best days, experiences and moments of my life 😊
Goodbye 2018….Hello 2019
Now that the year is almost over, it’s time to reflect on what’s gone before; the personal, the academic, the national and the global. This year, much like every other, has had its peaks and its troughs. The move to a new campus has offered an opportunity to consider education and research in new ways. Certainly, it has promoted dialogue in academic endeavour and holds out the interesting prospect of cross pollination and interdisciplinarity.
On a personal level, 2018 finally saw the submission of my doctoral thesis. Entitled ‘The Anti-Thesis of Criminological Research: The case of the criminal ex-servicemen,’ I will have my chance to defend this work, so still plenty of work to do.
For the Criminology team, we have greeted a new member; Jessica Ritchie and congratulated the newly capped Dr Susie Atherton. Along the way there may have been plenty of challenges, but also many opportunities to embrace and advance individual and team work. In September 2018 we greeted a bumper crop of new apprentice criminologists and welcomed back many familiar faces. The year also saw Criminology’s 18th birthday and our first inaugural “Big Criminology Reunion”. The chance to catch up with graduates was fantastic and we look forward to making this a regular event. Likewise, the fabulous blog entries written by graduates under the banner of “Look who’s 18” reminded us all (if we ever had any doubt) of why we do what we do.
Nationally, we marked the centenaries of the end of WWI and the passing of legislation which allowed some women the right to vote. This included the unveiling of two Suffragette statues; Millicent Fawcett and Emmeline Pankhurst. The country also remembered the murder of Stephen Lawrence 25 years earlier and saw the first arrests in relation to the Hillsborough disaster, All of which offer an opportunity to reflect on the behaviour of the police, the media and the State in the debacles which followed. These events have shaped and continue to shape the world in which we live and momentarily offered a much-needed distraction from more contemporaneous news.
For the UK, 2018 saw the start of the Grenfell Tower Inquiry, the Windrush scandal, the continuing rise of the food bank, the closure of refuges, the iniquity of Universal Credit and an increase in homelessness, symptoms of the ideological programmes of “austerity” and maintaining a “hostile environment“. All this against a backdrop of the mystery (or should that be mayhem) of Brexit which continues to rumble on. It looks likely that the concept of institutional violence will continue to offer criminologists a theoretical lens to understand the twenty-first century (cf. Curtin and Litke, 1999, Cooper and Whyte, 2018).
Internationally, we have seen no let-up in global conflict, the situation in Afghanistan, Iraq, Myanmar, Syria, Yemen (to name but a few) remains fraught with violence. Concerns around the governments of many European countries, China, North Korea and USA heighten fears and the world seems an incredibly dangerous place. The awarding of the Nobel Peace Prize to Denis Mukwege and Nadia Murad offers an antidote to such fears and recognises the powerful work that can be undertaken in the name of peace. Likewise the deaths of Professor Stephen Hawking and Harry Leslie Smith, both staunch advocates for the NHS, remind us that individuals can speak out, can make a difference.
To my friends, family, colleagues and students, I raise a glass to the end of 2018 and the beginning of 2019:
‘Let’s hope it’s a good one, without any fear’ (Lennon and Ono, 1974).
Cooper, Vickie and Whyte, David, (2018), ‘Grenfell, Austerity and Institutional Violence,’ Sociological Research Online, 00, 0: 1-10
Curtin, Deane and Litke, Robert, (1999) (Eds), Institutional Violence, (Amsterdam: Rodopi)
Lennon, John and Ono, Yoko, (1974) Happy Xmas (War is Over), [CD], Recorded by John and Yoko: Plastic Ono Band in Shaved Fish. PCS 7173, [s.l.], Apple