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Rule makers, rule breakers and the rest of us
There are plenty of theories about why rules are broken, arguments about who make the rules and about how we deal with rule breakers. We can discuss victimology and penology, navigating our way around these, decrying how victims and offenders are poorly treated within our criminal justice systems. We think about social justice, but it seems ignore the injustice perpetrated by some because we can somehow find an excuse for their rule breaking or point out some good deed somewhere along the line. And we lament at how some get away with rule breaking because of their status or power. But what is to be done about people that break the rules and in doing so cause or may cause considerable harm to others; to the rest of us?
Recently, Greece imposed a new penalty system upon those over 60 that are not vaccinated against Covid. Pensioners who have had real reductions in their pensions are now to be hit with a fine, a rolling fine at that, if they do not get vaccinated. This is against a backdrop of poor vaccination rates which seem to have improved significantly since the announcement of what many see as draconian measures by a right-wing government. There are those that argue that vaccination ought to be a choice, and this has been brought into focus by the requirements for health workers and those in the care profession to be vaccinated in this country. And we’ve heard arguments from industry against vaccination passports which would allow people to get into large venues and a consistent drip-drip effect of how damaging the covid rules are to the leisure industry and aviation, as well as the young people in society.
So, would it have been far more acceptable to have no rules at all around Covid? Should we have simply carried on and hoped that eventually herd immunity would kick in? Let’s not forget of course that the health service would have been so overwhelmed that many people will have died from illnesses other than Covid (they undoubtedly have to some extent anyway). The fittest will have survived and of course, the richest or most resourceful. Businesses will have been on their knees as workers failed to turn up for work, either because they were too ill or have moved on from this life and few customers will have thought about quaffing pints, clubbing, or venturing off to some faraway sunny place (not that they’d be particularly welcome there coming from plague island). It would have felt more like some Darwinian evolutionary experiment than civilised society.
It seems that making some rules for the good of society is necessary. Of course, there will be those that break the rules and as a society, we struggle to determine what is to be done with them. Fines are too harsh, inappropriate, draconian. Being caring, educating, works for some but let’s be honest, there are those that will break the rules regardless. Whilst we can argue about what should be done with those that break the rules, about the impact they have on society, about victims and crimes, perhaps the most pressing argument is about equality of justice. The rest of us, those that didn’t break the rules, might question how draconian the rules were (are) and we might question the punishments meted out to those that broke the rules. But what really hurts, where we really feel hard done by, let down, angry is to see that those that made the rules, broke the rules and for them we don’t get to consider whether the punishment is draconian or too soft. There are no consequences for the rule makers even when they are rule breakers. It seems a lamentable fact that we have a system of governance, be that situated in politics or business, that advocates a ‘do as I say’ rather than ‘do as I do’ mentality. The moral compass of those in power seems to be seriously misaligned. As the MP David Davis calls for the resignation of Boris Johnson and says that he has to go, he should look around and he might realise, they all need to go. This is not a case of one rotten apple, the whole crop is off, and it stinks to high heaven.
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Terrorised into compliance
Learning and teaching is a complex business, difficult to describe even by those in the process of either/or both. Pedagogy, as defined by Lexico is ‘[t]he method and practice of teaching, especially as an academic subject or theoretical concept’. It underpins all teaching activity and despite the seemingly straightforward definition, is a complex business. At university, there are a variety of pedagogies both across and within disciplines. How to teach, is as much of a hot topic, as what to teach and the methods and practices are varied.
So how would you feel if I said I wanted Criminology students to quake in their boots at the prospect of missing classes? Or “literally feel terror” at the thought of failing to do their reading or not submitting an assessment? Would you see this as a positive attempt to motivate an eager learner? A reaction to getting the best out of lazy or recalcitrant students? A way of instilling discipline, keeping them on the straight and narrow on the road to achieving success? After all, if the grades are good then everything must be okay? Furthermore, given many Criminology graduate go on to careers within Foucault’s ‘disciplinary society’ maybe it would be useful to give them a taste of what’s to come for the people they deal with (1977: 209).
Hopefully, you are aghast that I would even consider such an approach (I promise, I’m definitely not) and you’ve already thought of strong, considered arguments as to why this would be a very bad idea Yet, last week the new Home Secretary, Pritti Patel stated that she wanted people to “literally feel terror” at the prospect of becoming involved in crime. Although presented as a novel policy, many will recognise this approach as firmly rooted in ideas from the Classical School of Criminology. Based on the concepts of certainty, celerity and severity, these ideas sought to move away from barbaric notions and practices to a more sophisticated understanding of crime and punishment.
Deterrence (at the heart of Classical School thought) can be general or specific; focused on society or individuals. Patel appears to be directing her focus on the latter, suggesting that feelings of “terror” will deter individuals from committing crime. Certainly, one of the classical school’s primary texts, On Crime and Punishment addresses this issue:
‘What is the political intention of punishments? To terrify, and to be an example to others. Is this intention answered, by thus privately torturing the guilty and the innocent?’
(Beccaria, 1778: 64)
So, let’s think through this idea of terrorising people away from crime, could it work? As I’ve argued before if your crime is a matter of conscience it is highly unlikely to work (think Conscientious Objectors, Suffragettes, some terrorists). If it is a crime of necessity, stealing to feed yourself or your family, it is also unlikely to succeed, certainly the choice between starvation and crime is terrifying already. What about children testing boundaries with peers, can they really think through all the consequences of actions, research suggests that may not be case (Rutherford, 1986/2002). Other scenarios could include those under the influence of alcohol/drugs and mental health illnesses, both of which may have an impact on individual ability to think through problems and solutions. All in all, it seems not everyone can be deterred and furthermore, not all crimes are deterrable (Jacobs, 2010). So much for the Home Secretary’s grand solution to crime.
As Drillminister demonstrates to powerful effect, violent language is contextual (see @sineqd‘s discussion here). Whilst threats to kill are perceived as violence when uttered by young, black men in hoods, in the mouths of politicians they apparently lose their viciousness. What should we then make of Pritti Patel’s threats to make citizens “literally feel terror”?
Selected bibliography
Beccaria, Cesare, (1778), An Essay on Crimes and Punishments, (Edinburgh: Alexander Donaldson), [online]. Available from: https://archive.org/details/essayoncrimespu00Becc/page/n3
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Jacobs, Bruce A., (2010), ‘Deterrence and Deterrability’, Criminology, 48, 2: 417-441
Rutherford, Andrew, (1986/2002), Growing Out of Crime: The New Era, (Winchester: Waterside Press)
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Animal therapy in prisons – a loyal friend where it is needed most
This week I could have written about Brexit, the Tory Leadership contest, Trump’s visit or climate change, but I decided all of it was too depressing and anxiety inducing, so this week – Dogs in Prisons! There is a serious message behind this, as it is clear there needs to be a rethink about the use of prison and more attention paid to conditions if we are ever going to meaningfully address high re-offending rates. This is where I would normally link this to austerity and a need for wholescale reform in the delivery of justice. While this is important, I decided this week, it would be nice to focus on the positives of initiatives which aim to help the most marginalised in our society.
Animal Assisted Therapies (using animals to create a therapeutic environment) have been adopted in health settings, to enhance social care and mental health treatment, and findings from research show positive results (Durcan, 2018). The pilot for this innovation to be used in prisons was introduced by Rethink Mental Illness in the North East, and involved the use of therapy dogs working with men, women and young men. It was the result of a partnership between Her Majesty’s Prison and Probation Service (HMPPS), Rethink and the National Health Service (NHS). The evaluation showed a ‘considerable, measurable, and statistically significant benefit to the scheme’s participants’ (p.4) during its inception, as represented by clinical ratings such as the reduction of self-harm.
The observations from the study noted the calming effects of therapy dogs – anyone who has a pet will know all about this – and, they also helped with coping skills, supporting engagement and provided prisoners with a space in which to express emotion and not feel judged. Of course, with findings like this they make a case for recommending roll out of the scheme, but also that the prison service needs to tackle the stigma which was reported by staff, about taking part in such innovations, cited as part of the ‘rehabilitative culture’ (Durcan, 2018). The title of the report itself is ‘restoring something lost’ and this struck a chord as I reflected that the loss is perhaps the rehabilitative function of prison. Instead we have a penal system which is dominated by security concerns and tough on crime rhetoric, meaning our prisons have become ‘abject places of despair built on the infliction of punishment and pain’ where prisoners feel ‘bereft, disorientated and terrorised’ (Simms, 2015 – see https://www.crimeandjustice.org.uk/resources/beyond-govism). Therefore, anything which changes this state of existence in prisons should be adopted, especially if it improves engagement between staff and prisoners and gives them a sense of normality in a place so far removed from life outside. Along with improving coping skills, better engagement could also mean prisoners are more invested in their rehabilitation and open to interventions which may change their behaviour in a way which leads to desistance.
This was certainly found to be the case with arts and music therapy in prisons as shown by an evaluation of the ‘Good Vibrations’ project, a music-based therapy programme used in HMP Grendon (Wilson et al, 2009). A key finding was that participation led to better engagement with other forms of education and skills training, building a sense of confidence among prisoners that they were capable of learning something new. As with the animal assisted therapy scheme, the findings also reported that prisoners felt a sense of calm and had better relationships with staff. Desistance theorists highlight the importance of understanding the interaction between individual motivation to change and external conditions required to support this (Maruna, 2001; King 2012). That said, it is also widely accepted that even with both in place, desistance is likely to be a process of dealing with obstacles, un-intended consequences and unforeseen risks. I would argue no amount of pet therapy can help anyone overcome the challenges of being labelled an ex-offender, seeking jobs, training, housing and support to resettle into a community which may or may not support them. However, if the support is in place, alongside more meaningful and widespread reforms, animal therapy and arts and music-based programmes could trigger a change of direction for those prisoners who feel a loss of hope and sense of despair.
David Gauke, the (current) Secretary of State for Justice has promised to abolish prison sentences under six months this summer – at a time when the make up of the Cabinet could be changing in late July, this may be another bold promise which will not be delivered. But much more needs to be done. Perhaps this reflects acknowledgement of the need for more radical change, and that innovations such as animal assisted therapies, problem solving approaches and restorative practice should be considered as part of the reforms of the justice system. My more cynical view is a change of cabinet roles will once again mean an announcement which may take us in the right direction becomes consigned to the past, and ‘normal’ service resumes. It makes the efforts of organisations such as Rethink, Good Vibrations and the hundreds of other charities which support marginalised groups more vital. Of course, they should be better supported and incorporated into mainstream policies, rather than left tinkering at the edges, on a constant scrabble for funding and subject to the whims of ministerial judgements on what is important. However, to end on a more hopeful note, the fact that there are people and organisations who still seek to find ways to improve the lives of those in prison, whether as part of rehabilitation or just in some small way to make prison bearable is something to be cherished. In the face of all the challenges, they carry on with their work and refuse to give up, much like our loyal pets who bring so much joy, wherever they are.
References
DURCAN, G. (2018) Restoring something lost: The mental health impact of therapy dogs in prisons, Centre for Mental Health, London.
KING, S. (2012) Transformative agency and desistance from crime. Criminology and Criminal Justice. 13 (3), 366-383.
MARUNA, S. (2001) Making Good: How ex-convicts reform and rebuild their lives. Washington DC: American Psychological Association Books.
SIMMS, J. (2015) Beyond Govism, Centre for Crime and Justice Studies, https://www.crimeandjustice.org.uk/resources/beyond-govism.
WILSON, D., CAULFIELD, L. AND ATHERTON, S. (2009) Good Vibrations: The long-term impact of a prison based music project. Prison Service Journal, 182, pp. 27-32
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Anniversaries and Festivities
About a year ago, as a team we started this blog in order to relate criminological ideas into everyday life. News, events and markers on our social calendar became sources of inspiration and inquiry. Within a year, we have managed somehow to reflect on the academic cycle, some pretty heavy social issues that evoked our passions and interests. Those of you who read our entries, thank you for taking the time, especially those who left comments with your own experiences and ideas.
For us as a contributing team, the opportunity to talk outside the usual spaces about things that we regard as interesting is a real pleasure. A colleague of mine, tends to say that criminology is a subject made for discussions. These discussions usually grow in classrooms but they are restricted of time. In some way, our blog is an extension of that environment but we are also cognisant that we want to talk beyond the parochial “ivory towers” of academia.
The first blog entry was about running a pilot then, for a new module delivered entirely in prison with students from the university and the prison. This week, we celebrated the first cohort who completed the module. I have been an observer of social conventions all my life and to see the way people in the celebration connected with each other was great. For all of us in the module, it makes perfect sense because we have done that journey together but for anyone coming for the first time in prison this must have been an astounding experience.
This is what we commemorate in a celebration. Not necessarily the end result whatever that is, but the journey. As people consumed with speed in a modern society, we very rarely take the time to look back and reflect. It can be argued that we can do so when we reach our ever expanding retiring age; reflect on our life’s work. Nonetheless, it is important now and then to look back and see how we get here. For example, I am proud that I serve a university that offers opportunities to students from the wider society without barriers or obstacles. Some of our students are first in their family to go to University. This is an amazing opportunity that leaves the doors of social mobility open. A number of our graduates are now my colleagues or work in the wider criminal justice system.
So what is a celebration? A moment in time to look back and say, “hey I have a journey ahead but look how far I have come”. This is why these little moments are so watershed to all; whether we celebrate a year in the blog, a year on a module or a year in a job, marriage etc. Some celebrations are small reminders of time, other of events and some other of accomplishments. In a world where the news should be accompanied with health warnings, as people feel insignificant as individuals to bring about change, a celebration is a mark that things can happen. A person who decides to be an agent of change, whether it is a message against racism (#blacklivesmatter) sexual abuse (#metoo), or gun violence (#enoughisenough), they can do so without realising that one day when they will look back things will be very different for all; a possible cause for another celebration then. It matters to look back when you want to change the future. Life is experiential journey and marking these experiences is our way of leaving a trace on a large social wall.
In a couple of months (May 14) we shall be celebrating 18 years of Criminology at the University of Northampton. Another moment in time to reflect of the impact and the effects this programme has had on the students and the community.
Cheers
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Out early on good behaviour
Dr Stephen O’Brien is the Dean for the Faculty of Health and Society at the University of Northampton
The other week I had the opportunity to visit one of our local prisons with academic colleagues from our Criminology team within the Faculty of Health and Society at the University of Northampton. The prison in question is a category C closed facility and it was my very first visit to such an institution. The context for my visit was to follow up and review the work completed by students, prisoners and staff in the joint delivery of an academic module which forms part of our undergraduate Criminology course. The module entitled “Beyond Justice” explores key philosophical, social and political issues associated with the concept of justice and the journeys that individuals travel within the criminal justice system in the UK. This innovative approach to collaborative education involving the delivery of the module to students of the university and prisoners was long in its gestation. The module itself had been delivered over several weeks in the Autumn term of 2017. What was very apparent from the start of this planned visit was how successful the venture had been; ground-breaking in many respects with clear impact for all involved. Indeed, it has been way more successful than anyone could have imagined when the staff embarked on the planning process. The project is an excellent example of the University’s Changemaker agenda with its emphasis upon mobilising University assets to address real life social challenges.
My particular visit was more than a simple review and celebration of good Changemaker work well done. It was to advance the working relationship with the Prison in the signing of a memorandum of understanding which outlined further work that would be developed on the back of this successful project. This will include; future classes for university/prison students, academic advancement of prison staff, the use of prison staff expertise in the university, research and consultancy. My visit was therefore a fruitful one. In the run up to the visit I had to endure all the usual jokes one would expect. Would they let me in? More importantly would they let me out? Clearly there was an absolute need to be on my best behaviour, keep my nose clean and certainly mind my Ps and Qs especially if I was to be “released”. Despite this ribbing I approached the visit with anticipation and an open mind. To be honest I was unsure what to expect. My only previous conceptual experience of this aspect of the criminal justice system was many years ago when I was working as a mental health nurse in a traditional NHS psychiatric hospital. This was in the early 1980s with its throwback to a period of mental health care based on primarily protecting the public from the mad in society. Whilst there had been some shifts in thinking there was still a strong element of the “custodial” in the treatment and care regimen adopted. Public safety was paramount and many patients had been in the hospital for tens of years with an ensuing sense of incarceration and institutionalisation. These concepts are well described in the seminal work of Barton (1976) who described the consequences of long term incarceration as a form of neurosis; a psychiatric disorder in which a person confined for a long period in a hospital, mental hospital, or prison assumes a dependent role, passively accepts the paternalist approach of those in charge, and develops symptoms and signs associated with restricted horizons, such as increasing passivity and lack of motivation. To be fair mental health services had been transitioning slowly since the 1960s with a move from the custodial to the therapeutic. The associated strategy of rehabilitation and the decant of patients from what was an old asylum to a more community based services were well underway. In many respects the speed of this change was proving problematic with community support struggling to catch up and cope with the numbers moving out of the institutions.
My only other personal experience was when I spent a night in the cells of my local police station following an “incident” in the town centre. This was a case of being in the wrong place at the wrong time. (I know everyone says that, but in this case it is a genuine explanation). However, this did give me a sense of what being locked up felt like albeit for a few hours one night. When being shown one of the single occupancy cells at the prison those feelings came flooding back. However, the thought of being there for several months or years would have considerably more impact. The accommodation was in fact worse than I had imagined. I reflected on this afterwards in light of what can sometimes be the prevailing narrative that prison is in some way a cushy number. The roof over your head, access to a TV and a warm bed along with three square meals a day is often dressed up as a comfortable daily life. The reality of incarceration is far from this view. A few days later I watched Trevor MacDonald report from Indiana State Prison in the USA as part of ITV’s crime and punishment season. In comparison to that you could argue the UK version is comfortable but I have no doubt either experience would be, for me, an extreme challenge.
There were further echoes of my mental health experiences as I was shown the rehabilitation facilities with opportunities for prisoners to experience real world work as part of their transition back into society. I was impressed with the community engagement and the foresight of some big high street companies to get involved in retraining and education. This aspect of the visit was much better than I imagined and there is evidence that this is working. It is a strict rehabilitation regime where any poor behaviour or departure from the planned activity results in failure and loss of the opportunity. This did make me reflect on our own project and its contribution to prisoner rehabilitation. In education, success and failure are norms and the process engenders much more tolerance of what we see as mistakes along the way. The great thing about this project is the achievement of all in terms of both the learning process and outcome. Those outcomes will be celebrated later this month when we return to the prison for a special celebration event. That will be the moment not only to celebrate success but to look to the future and the further work the University and the Prison can do together. On that occasion as on this I do expect to be released early for good behaviour.
Reference
Barton, R., (1976) Institutional Neurosis: 3rd edition, Butterworth-Heinemann, London.
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Is education more fun than building a Lego Yellow Submarine? Discuss
This week some students, independently and across the years, introduced me to the novel idea that education should be “enjoyable” and “fun”. Furthermore, if it wasn’t enjoyable, it wasn’t being done right. Given Criminology’s subject matter is often grim, dark, focusing on the worst aspects of humankind, enjoyable and fun are not descriptions that often appear in relation to the discipline. Certainly, such a perspective is not one that I personally recognise; a day at an art gallery, playing Hungry Hippos with two little people, a nice bottle of wine, lunch with friends, building a Lego Yellow Submarine etc are things that I would say are enjoyable, perhaps even fun. But education……I’m not convinced! What follows are my vague ramblings around a subject which is very close to my heart (you are warned!).
All of the enjoyable activities I have described above are ones that I spend very little of my time doing and that to me, is part of their enjoyability (if such a word exists). They are attractive because they are rare and unusual, in my life at least. But education, learning, knowledge are part and parcel of my everyday existence, and dare I say fundamental to who am I. However, does any of this preclude education from being fun? Maybe, I just take for granted my thirst for knowledge in the same way as my thirst for water, just everyday appetites that need to be fed to maintain equilibrium and optimal performance.
I love considering new ideas and new perspectives, particularly if they challenge my thinking and jolt me out of complacency, so I want to consider this concept of enjoyable education. I’ve always been a curious person, there’s lots of questions that I want to know the answer to and they generally begin with “why”? Like all children, I expect I drove my parents mad with the constant questions; never fully satisfied with the answer. I can trace my first early, tentative steps into criminological thinking to when I was a child and regularly had to pass HMP Holloway[1] on the way to various hospital appointments. I used to wonder who lived in this huge, forbidding building, why they were there, what had they done, when would they get out and where would they go? Some decades on, I have answers to some of those questions but I’m still actively searching for the others. This, of course, is experiential learning and children’s books (at that time) offered little by way of answers to such profound criminological questions.
At school, the type of learning I liked best was when I could explore for myself. An experienced and knowledgeable teacher or lecturer explaining complex ideas could open the door so far, but I wanted to find out for myself as much as possible. For me, the best educationalists are those that gently guide and enable, not those who deliver information on demand. They also engender self-confidence and self-discipline encouraging the scholar to take control of their own intellectual journey. All of this leads me to the conclusion that learning is intrinsically neither enjoyable nor fun, although both may be by-products. Education, knowledge, learning, all of these are painful, challenging, at times they appear almost impossible. But! The level of personal satisfaction, achievement and growth means that ‘some kind of happiness is’, not as the Beatles suggest ‘measured out in miles’, but through intellectual endeavour (Lennon and McCartney, 1969). And to answer the essay question I set in the title, Lego has many charms but independent, self-direction is not one of them. Provided you follow the step-by-step illustrated instructions you will have your very own Yellow Submarine, but there are no surprises, whether positive or negative, which means I have no intellectual investment in the process. Furthermore, take the instructions away and I would not be able to recreate this “masterpiece”. Having said that, it does look rather lovely on my book case 🙂
Lennon, John and McCartney, Paul, (1969), Hey Bulldog, [LP]. Recorded by The Beatles in Yellow Submarine, Northern Songs: Apple
[1] HMP Holloway closed its doors for the final time in July 2016.
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Modern University or New University?
As I am outside the prison walls on another visit I look at the high walls that keep people inside incarcerated. This is an institution designed to keep people in and it is obvious from the outside. This made me wonder what is a University designed for? Are we equally obvious to the communities in which we live as to what we are there for? These questions have been posed before but as we embark in a new educational environment I begin to wonder.
There are city universities, campuses in towns and the countryside, new universities and of course old, even, medieval universities. All these institutions have an educational purpose in common at a high level but that is more or less it. Traditionally, academia had a specific mandate of what they were meant to be doing but this original focus was coming from a era when computers, the electronic revolution and the knowledge explosion were unheard of. I still amuse my students by my recollections of going through an old library, looking at their card catalogue in order to find the books I wanted for my essay.
Since then, email has become the main tool for communication and blackboard or other virtual learning environments are growing into becoming an alternative learning tool in the arsenal of each academic. In this technologically advanced, modern world it is pertinent to ask if the University is the environment that it once was. The introduction of fees, and the subsequent political debates on whether to raise the fees or get rid of them altogether. This debate has also introduced an consumerist dimension to higher education that previous learners did not encounter. For some colleagues this was a watershed moment in the mandate of higher education and the relationship between tutor and tutee. Recently, a well respected colleague told me how inspired she was to pursue a career in academia when she watched Willy Russell’s theatrical masterpiece Educating Rita. It seems likely that this cultural reference will be lost to current students and academics. A clear sign of things moving on.
So what is a University for in the 21st century? In my mind, the university is an institution of education that is open to its community and accessible to all people, even those who never thought that Higher Education is for them. Physically, there may not be walls around but for many people who never had the opportunity to enjoy a higher education, there may be barriers. It is perhaps the purpose of the new university to engage with the community and invite the people to embrace it as their community space. Our University’s relocation to the heart of the town will make our presence more visible in town and it is a great opportunity for the University to be reintroduced to the local community. As one of the few Changemaker universities in the country, a title that focuses on social change and entrepreneurship, connecting with the community is definitely a fundamental objective. In this way it will offer its space up for meaningful discussions on a variety of issues, academic or not, to the community saying we are a public institution for all. After all, this is part of how we understand criminology’s role. In a recent discussion we have been talking about criminology in the community; a public criminology. One of the many reasons why we work so hard to teach criminology in prisons.
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“Letters from America”: Why do we even bother?
As I sit in one of those busy hotel cafés writing these lines, worrying that someone will spill their double decaf latte with a dash of hazelnut, over my laptop, I wonder. What is the point to a conference? Why seemingly normal academics will spend any time in hotels next to noisy honeymooners or loud party people who like to play their tunes at 03:00?
As we finished our first session the other day, in keeping with our own tradition, we overran, we sat and had a long discussion of the key points we got out of the session. The discussion was very interesting to talk to people who may do something similar to you, but so very different. “Comparing notes” has always been one of those processes in academia that promote understanding and enhance the way we learn.
The conference for any discipline is a mass gathering of professionals that do just that; exchange ideas and engage in discussions about the discipline and its practices away from all the other less academic endeavours of the profession.
Usually conferences carry a theme, our conference the theme this year is “Crime, Legitimacy and Reform”. I found it interesting, considering the sessions we are presenting, focus on subverting facets of an established penal institution into providing higher education classes and altering ever so slightly some of its founding principles. Reform? Perhaps, but definitely an attempt to address a profound disciplinary question what are prisons for? This is a question that considers if prison is a relevant institution for a 21st century society. Education in prisons is not a novel idea, but introducing HE education inside a carceral environment provides a new suggestion of what prisons might be for. Clearly this is something worth debating and this week we have been exploring some of the aspects of our work and research.
In a group discussion after one session, we identified the principle ideas of our approach to HE in prisons. The notions of mutual respect, equity for all and educational purpose are the things we identify as the most important. It was interesting to hear the responses from other delegates who seemed to have slightly different views about who ought to participate in such an educational initiative. Sessions such as these allows me to reflect also on what we do. One of the thoughts, I have had regarding the educational approach we have taken, is whether we “normalise” incarceration in a way that justifies/legitimises its hold as an established penal institution rather than challenging its authority (as @paulaabowles asks, quite graphically, is it better to be inside the tent and pissing outside than be outside the tent pissing in?!) Leaving colourful metaphors to one side, the question of what is the obligation/duty of a modern day criminologist regarding criminal justice institutions remains. In essence, should it be different from before; what Liebling calls; a critical friend towards all those institutions of control or not?
Finally the conference is where trends and ideas come to be tested, explored and debated. I remember being in one session back in 2000, when one colleague said; looking into the new century and predicting that the main concern for criminology will be youth crime and initiatives to control it. A year later, 9/11 made terrorism an emerging priority and the collective discussion shifted quite dramatically.
What are conferences for? A great deal of academic discourse…and an interaction that reaffirms why we care so deeply for our discipline
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“Letters from America”: III
For those of you who follow The Criminology Team on Facebook you might have caught @manosdaskalou and I live from Eastern State Penitentiary [ESP]. In this entry, I plan to reflect on that visit in a little more depth.
We first visited ESP in 2011 when the ASC conference was held in Washington, DC. That visit has never left me for a number of reasons, not least the lengths societies are prepared to go in order to tackle crime. ESP is very much a product of its time and demonstrates extraordinarily radical thinking about crime and punishment. For those who have studied the plans for Jeremy Bentham’s panopticon there is much which is familiar, not least the radial design (see illustration below).
This is an institution designed to resolve a particular social problem; crime and indeed deter others from engaging in similar behaviour through humane and philosophically driven measures. The Philadelphia Society for Alleviating the Miseries of Public Prisons* was philanthropic and guided by religious principles. This is reflected in the term penitentiary; a place for sinners to repent and In turn become truly penitent.
This philosophy was distinct and radical with a focus on reformation of character rather than brutal physical punishment. Of course, scholars such as Ignatieff and Foucault have drawn attention to the inhumanity of such a regime, whether deliberate or unintentional, but that should not detract from its groundbreaking history. What is important, as criminologists, is to recognise ESP’s place in the history of penology. That history is one of coercion, pleading, physical and mental brutality and still permeates all aspects of incarceration in the twenty-first century. ESP have tried extremely hard to demonstrate this continuum of punishment, acknowledging its place among many other institutions both home and abroad.
For me the question remains; can we make an individual change their behaviour through the pains of incarceration? I have argued previously in this blog in relation to Conscientious Objectors, that all the evidence suggests we cannot. ESP, as daunting as it may have been in its heyday, would also seem to offer the same answer. Until society recognises the harm and futility of incarceration it is unlikely that penal reform, let alone abolition, will gain traction.
*For those studying CRI1007 it is worth noting the role of Benjamin Rush in this organisation.
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We all saw it coming: Reflections on the Transforming Rehabilitation Agenda
The recent reforms to the probation service were examined in the BBC Panorama programme ‘Out of Jail: Free to Offend Again?’ The title of the programme struck me with a clear sense of ‘we told you so’ given the warnings and concerns raised by those working within the probation service and colleagues in criminology departments. Just look at #faillinggrayling on twitter – there you can chart the anxiety as the reforms were proposed and then implemented.
The programme began with the case of Connor Marshall who on a night out with friends was attacked by a stranger, David Braddon who had a history of violent offending, along with alcohol and drug misuse. Sadly, Connor died in hospital a few days after the attack and then, the details of David Braddon’s circumstances were revealed, during the review into Connor’s death. David was on probation, under the supervision of ‘Working Links’, a private consortium who took over running of probation for most of Wales, under the new Transforming Rehabilitation (TR) arrangements in 2015. TR promised radical reforms which would privatise the probation service for low and medium risk offenders, with high risk offenders still being managed under the National Probation Service (NPS). Ian Lawrence, General Secretary of the National Association of Probation Officers (NAPO) spoke on the programme about how they warned the government about the risks, due to the extensive re-organisation, costs to the taxpayer and crucially, the impact on public safety. In addition, an internal memo from the Ministry of Justice (MoJ) gave explicit warnings about the danger of the TR failing, citing that an ‘unacceptable drop in operational performance which might lead to delivery failure and reputational damage.’
Connor’s case was described in the programme as an ‘early failure.’ The phrase reminded me of the cold and calculated response when we are told the casualties of war are ‘collateral damage.’ There was a sense of acceptance of failures, given the extent of the reforms. David Braddon had a catalogue of missed appointments and non-compliance, along with becoming increasingly withdrawn, all of which should have been flagged up by those supervising him, and action taken. This reminded me of another pivotal case in probation, which highlighted the impact of over-loading probation officers and not responding properly to those offenders who are clearly at risk and not complying with their supervision. In 2008, Dano Sonnex and Robert Falmer killed two French students in south east London, in a violent attack. The Serious Case Review, focusing on Dano Sonnex, revealed a catalogue of errors, resulting in part from caseworkers in probation being overloaded and inexperienced in dealing with someone with such complex needs as Sonnex. The fact that this occurred in London was worrying when the presenter presented the views of a whistle-blower, working for MTC Novo, a company who was now delivering probation services for low and medium risk cases in London. The premise of TR was that ‘Community Rehabilitation Companies’ (CRCs) would take on expanded caseloads from widening the net for supervision to those on short term sentences, where re-offending rates are particularly high. MTC Novo and Working Links are just two examples of new CRCs now responsible for low and medium risk offenders. The programme then examined the experiences of probation, from the perspective of a service user, probation officers and those involved in inspecting the service.
Sean Grant, out of prison and living with friends reported he had very little contact with MTC Novo, his first appointment took 3 weeks to set up after his release and he had no support to get stable housing in place. He also reported his view was that the service had not improved, compared to his previous contact, and later in the programme, it transpired he was at risk of recall, due to missed appointments which he knew nothing about. This was particularly galling since he had secured work and seemed to be doing everything he needed to do to prevent re-offending, albeit with little help from the probation service.
This experience chimed with the views then given by a ‘whistle-blower’ from within MTC Novo, who reported that the company was now employing fewer fully qualified probation officers, and his caseload had risen from 50 to 76, including some vulnerable offenders who were not getting the intervention they needed. They also cited the problems associated with not having time to build a rapport, with monthly meetings of 20 minutes, asking ‘how will you open up? I don’t know them, they don’t trust me.’ It seems the long held and valued principles of the probation service to ‘advise, assist and befriend’, already eroded by risk management and efficiency drives, were now being further undermined by TR. More worryingly, the probation service as an effective means to reduce re-offending was also undermined, when the same whistle-blower referred to an ‘explosion in re-offending’, including violent offences. For others outside London, probation had become a service which staff described as a ‘mess’ and time spent with clients had fallen from 15 to 2 hours a week, and was also characterised by division and in-efficiency.
Dr Lawrence Burke, Ian Lawrence and Dame Glenys Stacey all agreed that the calls for a rethink on TR were growing louder, the service was in danger of becoming de-stabilised and of putting lives at risk. This feels very much like reform which was imposed on a service which was functioning relatively well – not perfectly – but which is now facing significant issues, all of which were meant to be addressed by TR. The harrowing cases, while still rare events, can cite the failings of probation as contributing to the serious crimes which occurred and therefore, the key aim of the service, to protect the public, is not being met. The rising prison population and especially the continued use of short term prison sentences means the service will continue to be overloaded, while CRC managers continue to cut costs to keep solvent. Therein lies a fundamental problem – making a profit through the management of offenders is not viable, sustainable, advisable or safe. The probation service, much like the NHS, the police and other public services can deliver well and do good work when it is not diverted by concerns over cost savings and trying to deal with increasing workloads.
Susie Atherton
Senior Lecturer in Criminology
Thoughts from the criminology team 