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The knife was raised for the first time, and it went down plunging into naked flesh; a spring of blood flowed cascading and covering all in red. The motion was repeated several times. Abel fell to his death and according to scriptures this was the first crime. Cain who wielded the knife roamed the earth until his demise. The fratricide that was committed was the first recorded murder and the very first crime. A colleague tried to be smart and pointed that the first crime is Eve’s violation in the garden with the apple, but I did point out that according to Helena Kennedy QC, she was framed! In the least Eve’s was a case of entrapment which is criminological but leaves the first crime vacant. So, murder it is! A crime of violence that separates aggressor and victim.
The response to this crime is retribution. In the scriptures a condemnation to insanity. In later years this crime formed the basis of the Mosaic Law inclusive of the 10 commandments and death as the indicative punishment. In the Ancien Régime the punishment became a spectacle on deterrence whilst the crowds denounced the evildoer as they were wheeled into the square! In modern times this criminality incorporated rehabilitation to offer the opportunity for the criminal to repent and make amends.
‘The first man who having enclosed a piece of ground bethought himself of saying “This is mine”’! This is an alternative interpretation of the first crime, according to Jean-Jacques Rousseau (1762/1993: 192). In The Social Contract he identifies the first crime very differently from the scriptures. In this case the crime is not directed at a person but the wider community. The usurping of land or good in any manner that violates the rights of others is crime because it places individualism ahead of the common good. As in this crime there is no violence against the person, the way in which we respond to it is different. Imperialism as a historical mechanism accepts the infringement of property, rights, and human rights as a necessity in human interactions. The law here is primarily protected for the one who claims the land rather than those who have been left homeless. In this case, crime is associated with all those mechanisms that protect privilege and property. Soon after titles of land emerged and thereafter titles of people owning other people follow. The land becomes an empire, and the empire allows a man and his regime to set the laws to protect him and his interests. Traditionally empires change from territories of land to centres of government and control of people. The land of the English, the land of the Finnish, the land of the Zulu. In this instance the King become a figure and custom law subverts natural law to accommodate authority and power.
These two “original” crimes represent the diversity in which criminology can be seen; one end is the interpersonal psychological rendition of criminality based on the brutality of violence whilst on the other end is an exploration of wider structural issues and the institutional violence they incorporate. The spectrum of variety criminology offers is a curse and a blessing in one. From one end, it makes the discipline difficult to specify, but it also allows colleagues to explore so many different issues. Regardless of the type of crime category for any person attracted to the discipline there is a criminology for all.
Between these two polar apart approaches, it is interesting to note their interaction. In that it can be seen the interaction of the social and historical priorities of crime given at any given time. This historical positivism of identifying milestones of progression is an important source of understanding the evolution of social progression and movements. Let’s face it, crime is a social construct and as such regardless of the perspective is indicative of the way society prioritises perceptions of deviance.
Arguably the crimes described previously denote different schools of thought and of course the many different perspectives of criminology. A perfectly contorted discipline that not only adapts following the evolution of crime but also theorises criminality in our society. When you are asked to describe criminology, numerous associations come to mind, “the study of crime and criminality” the “discipline of criminal behaviours” “the social construction of crime” “the historical and philosophical understanding of crime in society across time” “the representation of criminals, victims, and agents in society”. These are just a few ways to explain criminology. In this entry we explore the origins of two perspectives; theology and sociology; image that the discipline is influenced by many other perspectives; so consider their “origin” story. How different the first crime can be from say a psychological or a biological perspective. The origins of criminology is an ongoing tale of fascinating specialisms.
Rousseau, Jean-Jacques, (1762/1993), The Social Contract and Discourses, tr. from the French by G.D.H. Cole, (London: Everyman’s Library)
My favourite TV show - Let’s start this off by going full nerd and saying that my all time fave tv show has to be Star Trek. Something that resonates with me is that this TV show paints the possibility of exploration of the unknown and as a global society we’ve constructed that reality. Perhaps not to the extent of beaming onto another space ship but certainly sending our own technology out to Mars…. it just fascinates me. fact check: the show started production in 67’ and we went to the moon in 69’ My favourite place to go - Easy… into nature! I’ve most definitely spent the majority of my life at Sywell Reservoir, Northamptonshire has a beautiful countryside to offer, in the spring/summer I tend to drive out into the small country villages and find a nice spot (usually a farmer's field with a public walking path) and just go for a stroll My favourite city - Not a city person! I’ve travelled to many great cities but naturally I drift to the outskirts, the small towns, the countrysides. My favourite town would have to be Alice Springs, Australia. That dirt red town is full of so much life, vibrancy, culture, yes there is an evil side to it but there is so much beauty too My favourite thing to do in my free time - Oh, easy one…. I love visiting second hand, vintage and charity shops. Honestly you find so many great wonders. Usually on the hunt for 60’s/70’s retro vintage furniture. Northampton has a great deal of vintage shops to offer, I would personally recommend the Vintage Retreat, lovely spot for lunch too My favourite athlete/sports personality - certainly an oddball answer, but it would have to be Rey Mysterio. His identity eluded me when I was younger and he’s been in the business a long old time! (wrestling business that is) My favourite actor - Jeff Bridges… what a man My favourite author - H.P Lovecraft, an outsider in every sense of the word. He dove deep into his own mind and questioned the importance of the human race by stripping back the ego that surrounds us, and enforced the notion that actually human beings are not the most important thing in this universe. Also, he brought Cthulu to life My favourite drink - Johnny Walker Red Label and Irn Bru (Scottish Heritage) My favourite food - A sloppy Joe burger with extra rib sauce from Buddies. I'm bit rubbish at this because I can’t just pick one thing, so my other fave food would be my Granny’s home-made stovies My favourite place to eat - Smoke Pit, in Northampton town centre, bit pricey but the food is so worth it I like people who - are honest with themselves I don’t like it when people - act out of fear My favourite book - Collection of books, would have to be the graphic novel series Berserk which follows the lone mercenary Guts, for any comic book/manga fans out there, this one is a must My favourite book character - Sorry but I have spent a few hours trying to figure my fave book character out and its just not happening. In replacement I will offer my fave TV show character and it would have to be Ragnar Lothbrok (from Vikings). Although I'm sure he exists in a historical book somewhere My favourite film - No Country for Old Men. Need I say more My favourite poem - I have never been one to frequent in poems, so I will insert my favourite quote here instead and you may seem to notice a reoccurring theme here (my love for H.P Lovecraft). “The oldest and strongest emotion of mankind is fear, and the oldest and strongest kind of fear is fear of the unknown.” It is certainly poetic My favourite artist/band - Metallica!!! My favourite song - Sam Cooke, A Change is Gonna Come and The Eagles, Hotel California My favourite art - ANYTHING Raoul Dufy. Light hearted bursts of colour that paint the most luxurious and relaxing scenes. Artwork to get lost in My favourite person from history - Marcus Aurelius. If you don’t know who it is get your google on, you won’t regret it. Fun fact: Aurelius’ personal ethics are informed by the philosophical concept of stoicism, a fascinating philosophical concept and one I deeply resonate with
I am minded to write something about both utilitarianism and human rights as a consequence of watching the news the other night. Two separate but linked news articles struck a chord. The first about police being heavy handed in applying the emergency laws surrounding the restricting of movement and the second about the emergency laws being passed to suspend jury trials in Scotland. Both have an impact in respect of human rights.
Turning to the first, the complaint is that the police across England and Wales have in some cases been disproportionate in their dealing with the public when attempting to manage the restrictions around movement. The example shown was the uploading of videos onto social media depicting people walking around the Peak District. The captions simply asked whether the trip was necessary.
The government guidance is pretty clear regarding staying at home but perhaps is a little less clear about travelling to a location to partake in exercise. I must admit though I am a little perplexed at the accusation of heavy handedness. The Human Rights Act 1998 provides for a right to life and it has been held that the government and its agencies have a positive obligation to facilitate this. There are of course some caveats as it would be almost impossible to ensure this in all circumstances. There is no doubt that people are dying from Covid-19. The approach to enforce social distancing, presently predominantly through information and the reliance on responsibility and good will, seems to be the only current viable approach to combating this killer. The curtailment of some Human Rights is it seems necessary to ensure the greater good and to preserve life. The latter of course is a primary duty that most police officers would recognise. The greater good for the many is it seems compatible with a key principle of human rights.
Turning to the second news article. The right to a fair trial is a fundamental human right. The suspension of a jury may be against longstanding legal principles but, the Human Rights Act does not specify that the trial should be before a jury, merely an independent judge. The argument could be made that trials should be suspended but this might be impinging on rights in respect of defendants being held in custody awaiting trial. The convening of a jury would flout the rationale behind current legislation in place to enforce social distancing and would quite simply be contrary to obligations to protect life.
The notions of utilitarianism are often viewed as in conflict with individual rights and therefore the Human Rights Act. Many see the two as incompatible, one relates to the many and the other the individual. This argument though fails to have vision, it is not truly consequentialist. Human Rights are utilitarian in their very nature. Is it not to the greater good that people have a right to life, a right to freedom of association, a right to a fair trail to name but a few? Should it not be considered that every individual case that is examined under the Human Rights Act has consequences for the many as well as the individual? A breach of the Act if unchallenged opens the way for abuses by governments and their agencies, it is utilitarian in nature, it is there for the greater good, not just the individual circumstances that are being examined. But should we also not consider that there is a need to prioritise rights, particularly in the circumstances the country and world finds itself in? Some parts of the Act are in clearly on occasions, incompatible with others. Curtailment of some freedoms and rights is necessary for the greater good but more importantly, it is necessary to save lives, perhaps even the life of the individual complaining of the curtailment. We can but hope that amidst all of this, good sense prevails.
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.
Barton, R., (1976) Institutional Neurosis: 3rd edition, Butterworth-Heinemann, London.