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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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April Showers: so many tears
What does April mean to you? April showers as the title would suggest, April Fools which I detest, or the beginning of winter’s rest? Today I am going to argue that April is the most criminogenic month of the year. No doubt, my colleagues and readers will disagree, but here goes….
What follows is discussion on three events which apart from their occurrence in the month of April are ostensibly unrelated. Nevertheless, scratch beneath the surface and you will see why they are so important to the development of my criminological understanding, forging the importance I place on social justice.
On 15 April 1912, RMS Titanic sank to the bottom of the sea, with more than 1,500 lost lives. We know the story reasonably well, even if just through film. Fewer people are aware that this tragedy led to inquiries on both sides of the Atlantic, as well, as Limitation of Liability Hearings. These acknowledged profound failings on the part of White Star and made recommendations primarily relating to lifeboats, staffing and structures of ships. Each of these were to be enshrined in law. Like many institutional inquiries these reports, thankfully digitised so anyone can read them, are very dry, neutral, inhumane documents. There is very little evidence of the human tragedy, instead there are questions and answers which focus on procedural and engineering matters. However, if you look carefully, there are glimpses of life at that time and criminological questions to be raised.
The table below is taken from the British Wreck Commissioners Inquiry Report and details both passengers and staff onboard RMS Titanic. This table allows us to do the maths, to see how many survived this ordeal. Here we can see the violence of social class, where the minority take precedence over the majority. For those on that ship and many others of that time, your experiences could only be mediated through a class based system. Yet when that ship went down, tragedy becomes the great equaliser.
On 15th April, 1989 fans did as they do (pandemics aside) every Saturday during the football season, they went to the game. On that sunny spring day, Liverpool Football Club were playing Nottingham Forest, both away from home and over 50,000 fans had travelled some distance to watch their team with family and friends. Tragically 96 of those fans died that day or shortly after. @anfieldbhoy has written a far more extensive piece on the Hillsborough Disaster and I don’t plan to revisit the details here. Nevertheless, as with RMS Titanic, questions were asked in relation to the loss of life and institutional or corporate failings which led to this tragedy. Currently it is not possible to access the Taylor Report due to ongoing investigation, but it makes for equally dry, neutral and inhuman, reading. It is hard to catch sight of 96 lives in pages dense with text, focused on answering questions that never quite focus on what survivors and families need. The Hillsborough Independent Panel [HIP] is far more focused on people as are the Inquests (also currently unavailable) which followed. Criminologically, HIP’s very independence takes it outside of powerful institutions. So whilst it can “speak truth to power” it has no ability to coerce answers from power or enforce change. For the survivors and family it brings some respite, some acknowledgement that what happened that day should have never have happened. However, for those individuals and wider society, there appears to be no semblance of justice, despite the passing of 32 years.
On 22 April 1993, Stephen Lawrence was murdered. He was the victim of a horrific, racially motivated, violent assault by a group of young white man. This much was known, immediately to his friend Duwayne Brooks, but was apparently not clear to the attending police officers. Instead, as became clear during the Stephen Lawrence Inquiry the police investigation was riddled with institutional racism from the outset. The Macpherson report (1999) tries extremely hard to keep focus on Stephen Lawrence as a human being, try to read the evidence given by Duwayne Brooks and Stephen’s parents without shedding a tear. However, much of the text is taken is taken up with procedural detail, arguments and denial. In 2012 two of the men who murdered Stephen Lawrence were found guilty and sentenced to be detained under Her Majesty’s pleasure (both were juveniles in 1993). Since 1999, when the report was published we’ve learnt even more about the police’s institutional racism and their continual attacks on Stephen’s family and friends designed to undermine and harm. So whilst institutions can be compelled to reflect upon their behaviour and coerced into recognising the need for change, for evolution, in reality this appears to be a surface activity. Criminologically, we recognise that Stephen was the victim of a brutal crime, some, but not all, of those that carried out the attack have been held accountable. Justice for Stephen Lawrence, albeit a long time coming, has been served to some degree. But what about his family? Traumatised by the loss of one of their own, a child who had been nurtured to adulthood, loved and respected, this is a family deserving of care and support. What about the institutions, the police, the government? It seems very much business as usual, despite the publication of Lammy (2017) and Williams (2018) which provide detailed accounts of the continual institutional racism within our society. Instead, we have the highly criticised Sewell Report (2021) which completely dismisses the very idea of institutional racism. I have not linked to this document, it is beneath contempt, but if you desperately want to read it, a simple google search will locate it.
In each of the cases above and many others, we know instinctively that something is fundamentally wrong. That what has happened has caused such great harm to individuals, families, communities, that it must surely be a crime. But a crime as we commonly understand it involves victim(s) and perpetrator(s). If the Classical School of Criminology is to be believed, it involves somebody making a deliberate choice to do harm to others to benefit ourselves. If there is a crime, somebody has to pay the price, whatever that may be in terms of punishment. We look to the institutions within our society; policing, the courts, the government for answers, but instead receive official inquiries that appear to explore everything but the important questions. As a society we do not seem keen to grapple with complexity, maybe it’s because we are frightened that our institutions will also turn against us?
The current government assures us that there will be an inquiry into their handling of the pandemic, that there will be some answers for the families of the 126,000 plus who have died due to Covid-19. They say this inquiry will come when the time is right, but right for who?
Maybe you can think of other reasons why April is a criminologically important month, or maybe you think there are other contenders? Either way, why not get in touch?
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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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The Other Side of Intelligence
After I graduated I had a bit of tunnel vision of what I wanted to do. I wanted to either work with young offenders or work with restorative justice. Many opportunities actually came up for me to do several different things, but nothing really worked out and nothing felt right.
I carried on working in retail till February 2018; I was honestly starting to lose hope that I would find something that I would enjoy. I started working for a security company that does many things; from employment vetting to gaining intelligence of various kinds. Although the role is not focused on the criminality side entirely, the theme is very much apparent. I find myself thinking about all the different concepts of criminology and how it ties in to what I am doing.
A big part of my role is intelligence and at first, I didn’t think I would enjoy it because I remember in third year in the module, Violence: Institutional Perspectives*; we looked at the inquiry Stockwell 1; an inquiry into the metropolitan police force following the death of Jean Charles de Menezes. Jean Charles was mistaken by intelligence officers for Hussain Osman, one of the terrorists responsible for the failed bomb attacks in London. This particular inquiry frustrated me a lot, because I just felt like, how is it possible for the police to mistake an individual for an innocent person. I just couldn’t accept when we were going through this case how trained officers were able to fail to identify the correct person, regardless of all the other factors that pointed to Jean Charles being the culprit. However, now being in a similar position I understand more how difficult it actually is to identify an individual and being 100% sure. There have been times in my line of work that I have had to question myself 2, 3, even 8 times if the person I found was really who I was looking for.
I do think I question it a lot more because I know how much my job can affect a person’s life and/or future. I do think criminology has been one of the best decisions I made. I know that I view things differently from other people I work with, even my family. Just little things that people tend not to notice I see myself. Thinking, but could it be because of this, or could it be because of that. Criminology really is part of everyday life, it is everywhere, and knowing everything I know today I wouldn’t have it any other way.
*Now CRI3003 – Violence: From Domestic To Institutional
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The never-changing face of justice
There are occasions that I consider more fundamental questions beyond criminology, such as the nature of justice. Usually whilst reading some new sentencing guidelines or new procedures but on occasions major events such as the fire at Grenfell and the ensuing calls from former residents for accountability and of course justice! There are good reasons why contemplating the nature of justice is so important in any society especially one that has recently embarked on a constitutional discussion following the Brexit referendum.
Justice is perhaps one of the most interesting concepts in criminology; both intangible and tangible at the same time. In every day discourses we talk about the Criminal Justice System as a very precise order of organisations recognising its systemic nature or as a clear journey of events acknowledging its procedural progression. Both usually are summed up on the question I pose to students; is justice a system or a process? Of course, those who have considered this question know only too well that justice is both at different times. As a system, justice provides all those elements that make it tangible to us; a great bureaucracy that serves the delivery of justice, a network of professions (many of which are staffed by our graduates) and a structure that (seemingly) provides us all with a firm sense of equity. As a process, we identify each stage of justice as an autonomous entity, unmolested by bias, thus ensuring that all citizens are judged on the same scales. After all, lady justice is blind but fair!
This is our justice system since 1066 when the Normans brought the system we recognise today and even when, despite uprisings and revolutions such as the one that led to the 1215 signing of the Magna Carta, many facets of the system have remained quite the same. An obvious deduction from this is that the nature of justice requires stability and precedent in order to function. Tradition seems to captivate people; we only need a short journey to the local magistrates’ court to see centuries old traditions unfold. I imagine that for any time traveler, the court is probably the safest place to be, as little will seem to them to be out of place.
So far, we have been talking about justice as a tangible entity as used by professionals daily. What about the other side of justice? The intangible concept on fairness, equal opportunity and impartiality? This part is rather contentious and problematic. This is the part that people call upon when they say justice for Grenfell, justice for Stephen Lawrence, justice for Hillsborough. The people do not simply want a mechanism nor a process, but they want the reassurance that justice is not a privilege but a cornerstone of civic life. The irony here; is that the call for justice, among the people who formed popular campaigns that either led or will lead to inquiries often expose the inadequacies, failings and injustices that exist(ed) in our archaic system.
These campaigns, have made obvious something incredibly important, that justice should not simply appear to be fair, but it must be fair and most importantly, has to learn and coincide with the times. So lady justice may be blind, but she may need to come down and converse with the people that she seeks to serve, because without them she will become a fata morgana,a vision that will not satisfy its ideals nor its implementation. Then justice becomes another word devoid of meaning and substance. Thirty years to wait for an justice is an incredibly long time and this is perhaps this may be the lesson we all need to carry forward.
Thoughts from the criminology team 