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The Caracas Job: International Law and Geo-Political Smash and Grab
So, they actually did it, eh?
It’s January 2026, and I, for one, am still trying to remember my work logins and wondering if this is the year that Aliens invade Earth. Yet, across the pond, the Americans have decided to kick off the New Year with a throwback classic: decapitating a sovereign Latin-American government.
Adiós Maduro. We hardly know yer pal. Well, we all knew you enough to know you were a disastrous authoritarian kleptocrat who managed to bankrupt a country sitting on a lake of oil. But we need to talk about how it happened, because if you listen carefully enough to the wind wuthering through the empty corridors of the UN Building in New York, you can probably hear the death rattle of what I once studied and was quaintly entitled, ‘Rules-Based International Order’-aka International Law.
As one colleague and our very own Dr Manos Daskolou pointed out to me this very day, it’s almost eighty years since 1945. Eight decades of pretending we built a civilised global architecture out of the ashes of World War II. We built tribunals in The Hague, we wrote very sternly worded Geneva Conventions, and we created a Security Council where superpowers could veto each other into paralysis. It was a lovely piece of Geo-Political theatre.
The days-old removal of the Venezuelan head of state by direct US intervention isn’t just a deviation from the norm: it’s a flagrant breach of the foundational prohibition on the ‘use of force’ found in Article 2(4) of The UN Charter. The mask has slipped, and underneath it is just raw, naked power.
As a Brit observing this rigmarole from the very cold and soggy sidelines, it’s hard not to view this from a very specific lens. We invented modern imperialism, after all. Criminologists will often discuss concepts like State Crimes. They will often question who indeed polices the Police?
If I decide to kick down my neighbour’s door because I don’t like the way she runs her household, steal her assets and install her sister as the new head of the family, I’m going to court. I am a burglar, a thug and a violent criminal. If a superpower does the same thing to a sovereign nation, they get a press conference at Mar-a-Lago.
For eighty years, the West has been incredibly successful at labelling its own interventions as ‘police actions’ or ‘humanitarian missions’, all the while labelling acts of rivals as ‘aggression’. The Caracas job is the ultimate expression of this.
Listen to the rhetoric coming out of Washington right now. It’s textbook gaslighting. ‘Maduro was a tyrant’, ‘Other countries do worse’, i.e condemning the condemners. They certainly are not arguing that entry into Caracas was legal under the UN Charter was legal because it most definitely wasn’t. They are arguing that the law should not apply to them because their intentions were pure.
Deja Vu-Iraq
The darkest irony of the Venezuelan decapitation is the crushing sense of deja vu. We cannot talk about removing a dictator in the 2020s without flashbacks to Saddam Hussein and Dr David Kelly entering the scene. The parallels are screaming at us. In 2003, the justification for taking Saddam (and, sadly, Dr Kelly as a direct result) out was a cocktail of WMD lies and dangerous rhetoric. As the Chilcot Report stated years ago, the legal basis for military action against Iraq was ‘far from satisfactory’.
The critical failure in Iraq and the one we are doomed to repeat in Venezuela is that it is terrifyingly easy for a superpower like the USA to smash a second-rate military. The hard part is what on earth comes next?
Perhaps it would have been better for the superpowers to manipulate Maduro’s own people, taking him out, so to speak. Organic change in any situation lends legitimacy that enforced or imported change never does. When you decapitate a state at 30,000 feet, you create a vacuum. The USA may have created a dependency, effectively violating the principle of self-determination, which is enshrined in the Human Rights Convention.
The Iranian Elephant In The Room
Of course, none of this is actually happening in a vacuum. Being a Yorkshire lass with Middle Eastern Heritage, I am keenly aware of the politics of the regions hitting the headlines on an almost daily basis. Yet, no one has to have bloodline ties to any of the countries or regions involved to see the obvious Elephant in the room. It’s that flipping obvious. Maduro wasn’t just an irritant because of his economy-crashing style. It was a strategic flipping of the bird for America’s rivals-Crucially, Iran. This is where the narrative gets even darker. This is gang warfare.
The danger here is escalation. If Tehran decides that the fall of Maduro constitutes a direct challenge to its own deterrence strategy, it will not retaliate in the Caribbean. They are likely (if history has taught us anything) to retaliate in the Strait of Hormuz. The butterfly effect of a regime change in Caracas could easily result in the closure of the Suez Canal. Yes, that old chestnut.
The old guard loved International Law. They loved it because they knew how to manipulate it. They used the UN Council like a skilled Barrister uses a loophole. They built coalitions. The current approach-Let’s call it ‘Act Now Think Later Diplomacy’ dispenses with the formalities and paperwork. It sees International Law NOT as a tool to be manipulated, but as an annoying restraint to be ignored. It confirms the narrative that the Nuremberg trials were merely ‘Victors’ Justice’, a system where legal accountability is the privilege of the defeated.
The difference between Putin invading Ukraine and the USA decapitating Venezuela is rapidly becoming a distinction without a difference.
So, here we go in 2026. The powerful have shown they don’t give a toss about the rules. They’ve shown that ‘sovereignty’ is just a word they use in speeches, not really a word they respect.
When people stop believing in the legitimacy of the law, they usually stop following it. We are about to see what happens when the entire world stops believing in the legitimacy of International Law.
It is going to be a messy few decades. Cheers, mine’s a double.
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What price justice?
It was reported in the news a couple of days ago that a super complaint has been lodged against the police in England and Wales in respect of their handling of sexual offence cases (The Guardian 15.12). Not long before that article was published, another gave us the news that prisoners have erroneously been released from prison (BBC 5.11). These stories sandwiched another, that concerning the abolition of trial by jury for offences attracting anything less than three years imprisonment (BBC 02.12). The rationale behind these proposals is the reduction of the appalling backlog of court cases awaiting trial.
These stories beg the very simple question what an earth is going on with the criminal justice system? To say it is in crises would be an understatement. The system is broken, and it is hard to see how it can be fixed but perhaps it isn’t difficult to see how it got into its present state.
The justice process is complex and above all else, for it to work effectively, it is costly and by its very nature, it is inefficient. And this has presented problems for successive governments over decades. The conundrum, how to deliver a cost effective, efficient criminal justice system. Put simply the mantra seems to have been how do you achieve cheap justice?
The various components of the criminal justice system are interdependent, when one part fails, it has a knock-on effect to the others. Each part of the criminal justice system has seen so called efficiency and economy drives over the decades, and the consequence has been a cut in service across the board.
How many times do we hear complaints that the police just don’t turn up when a crime is reported or that they are disinterested? But have a look at the sustained cuts in budgets, the burgeoning costs of policing as the social and technological worlds change around us and the constant reprioritising of policing efforts and, it is little wonder that there is no one to turn up or that the crime you are reporting just isn’t important enough. Or maybe the people that do the policing are simply just worn out, disenchanted and frustrated by a system that fails their efforts at every turn. They even conspire to fail themselves.
And what of the Crown Prosecution Service (CPS)? Understaffed and under crude directions to enforce tests and codes to minimise court cases as best they can. With a little bit of research, you can find complaints against the CPS relating to the changing of the threshold in relation to sexual offences. To some extent CPS lawyers act as judge and jury before a defendant is even charged. Economic perhaps, effective, no. This has a knock-on effect to the police who then pre-empt that decision making. No point in sending a file to the CPS just to see it knocked back. The CPS must of course also have a mind to the backlog in the courts, no point sending a case there if it won’t be heard for months, if not years on end. And then the courts. The consistent closure of courts, both magistrates and crown over the years beggars belief. There is no local justice now, if you are defendant, witness or victim, you will be travelling miles to get to the allotted court. And if you do make it, the chance of your case being heard on that day is a lottery. As for legal aid, a pipe dream. Defendants in court trying to defend themselves and having to be assisted by the court clerk because quite frankly, they do not have a clue. But then who would? All of this presupposes the case gets to court in a timely fashion. You try remembering what happened 3 years ago when cross examined by a solicitor or barrister.
And prisons, well, overcrowded, understaffed and failing to provide anything but the basics, if that. Many a report suggests a crumbling prison estate and inhumane conditions within prisons. There has to be something fundamentally wrong with a system that allows prisoners to walk out the gates and then sees vast sums of money and resource poured into trying to find them. Efficient, or effective, not really. As for rehabilitation, don’t even bother thinking about it.
And what of you and I, the public? What faith do you have in the criminal justice system? Is it little wonder that victims will not report crimes, and if they do, they quickly lose interest in supporting a prosecution. If the police rely on the public to help them investigate cases, what hope have they got if the public have no faith in them or the rest of the system?
The problem with successive governments is that they have been too keen to cut costs without understanding or caring about the impact. And they are too quick to judge when things go wrong, pointing the finger anywhere but at themselves. They fail to see the system as a whole; they just seem to fail to see.
Justice costs money. Cutting cases that can go to trial by jury simply displays a lack of interest in justice or incompetence in governing or perhaps both. A government that fails to deliver justice for its citizens is failing in its fundamental duty as a government. The problem is, it’s not only this government that has failed us; the failures go a long way back and any attempt to fix the issues requires a fundamental shift in policy and a significant injection of public money that is just not available. Well, that’s what they will have us believe anyway.
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A thin veneer of respectability – management culture in uncertain times
I’ve long been interested in management culture in organisations, particularly policing and other organisations that provide a service, rather than a product per se. Although, management jargon might suggest that, in thinking outside the box, the service is a product, produced by a human resource, and therefore productivity is as easy to measure as that of a product coming off a conveyor belt; nothing like a bit of Neo-Taylorism (Pollitt, 1993) to get the party started.
Anyway, enough of that, the other day in a student discussion I was talking about policing and ethics and professionalism and all that stuff. Stuff that, I was trying to convey, was easier said than done because the social world is both complex and complicated. We happened to discuss the Mission and Vision of New York Police, and it reminded me of research carried out regarding how the New York Police recorded, or more to the point failed to record, crimes (Eterno and Silverman, 2012). Some of the crimes were very serious and at least one case led to an offender going on to commit more crime, when had the original crime been recorded, he might well have been caught before inflicting further serious harm.
This all occurred in the nineties at a time when crime in New York was through the roof and when Mayor Guiliani and Commissioner Bratton were at the helm. Under their stewardship, crime came down, detection rates went up, and Bratton was hailed as a hero with a suggestion that he could become the new commissioner of the Metropolitan Police in this country. Those of you that are old enough to remember will know it was more than just mooted by government sources. Zero Tolerance policing (based on the much-criticised Broken Windows Theory) had been forged in New York and Jack Straw our home secretary was talking about it being introduced here. The so-called success also lay in the fact that CompStat had been introduced in New York where borough commanders were publicly hauled over the coals and humiliated if their crime figures were not up to scratch. The fact that they had little or no control over crime (Hough, 1987), and the reduction of crime had more to do with the declining crack market (Bowling, 1999), was neither here nor there. What Bratton and Guiliani had done was to throw a thin veneer of respectability over the crime problem.
Eterno and Silverman (2012) through their research, however, threw a whole new light on what turned out to be corrupt practices and, research in England and Wales began to throw up the same issues in crime recording practices on this side of the ‘pond’ (Her Majesty’s Inspectorate of Constabulary, 1999; 2000). In this country the practices emanated from government’s preoccupation with statistics and the measurement of success through what can only be described as bean counting or what was officially known as objectives and Key Performance Indicators. The Audit Commission and Her Majesty’s Inspectorate of Constabulary (HMIC) applied pressure on forces to ‘perform’ and league tables were developed and published, the media love league tables. The ideal place to be; mid table. That way no-one scrutinised what you were doing. Crime figures were massaged to produce the desired results. There was a whole industry in examining and manipulating statistics. If you were at the bottom of the table, then interventions were put in place. An action plan was imposed, the rationale behind the figures was ignored, this was not about quality, although the action plans were dressed up as quality improvement, this was simply about applying sufficient pressure to get forces to produce pleasing statistics. The pressure was applied at the top, but very quickly through managerial manoeuvring, became a problem for those at the bottom. Chief constables were quick to point out the failures of departments and individuals in departments. CompStat but in a different guise came to the fore. What became clear was that those at the bottom were supposedly, both ‘lazy and incompetent’. If they weren’t, they were certainly made to feel that they were.
The corrupt practices that ensued (manipulation of crime statistics, misclassification of crimes, failure to record crimes, detection of crimes that were not really detected) were a direct consequence of overburdened frontline staff being charged with producing results that were not within their control and managers, rather than managing expectations, directing operations through innuendo and veiled threats. Or in some cases such as CompStat, very direct threats. Officers that were ignorant of the issues such practices might cause, obliged and were fêted as being exemplary, others that were not compliant, perhaps because they knew what the consequences were to the public, were shunned and humiliated, until they bowed to the inevitable. The bottom line was simply to cheat and not get caught, forget integrity and ethics, those values were just not worth the stress. Although of course, the cheats if caught, were on their own as managers pointed to current published policy and rules (not the real policy and rules though). Some forces ended up in deep water as whistle-blowers spilled the beans on what was going on and the press had a field day. Institutional reputations took a major blow and to this day the Office for National Statistics carries a rider about the validity of police statistics.
Over a period of time, to some extent, the issues of performance management were addressed at government level, but the culture had become so inculcated that problems continued and manifest themselves in different ways to this day.
What of this tale? My observations are that other organisations are not immune to this phenomenon particularly in times of financial stress and political uncertainty. A management culture that either wittingly or unwittingly pushes staff on the front line, to make unethical decisions may produce a thin veneer of respectability, but they fail society miserably and risk significant reputational damage whilst doing so.
It seems to me that organisations can learn a great deal from the historic mismanagement of policing and the lack of ethical leadership in uncertain times.
References
Bowling, B. (1999) The rise and fall of New York murder: Zero tolerance or crack’s decline? The British Journal of Criminology, 39 (4), p.p. 531–554.
Eterno, J. A. and Silverman E. B. (2012) The Crime Numbers Game: Management by Manipulation. Boca Raton: CRC Press
Her Majesty’s Inspectorate of Constabulary (1999) Police Integrity: securing and maintaining public confidence. London: Her Majesty’s Inspectorate of Constabulary.
Her Majesty’s Inspectorate of Constabulary (2000) On the Record: Thematic Inspection Report on Police Crime Recording, the Police National Computer and Phoenix Intelligence System Data Quality. London: Her Majesty’s Inspectorate of Constabulary.
Hough, M. (1987) Thinking About Effectiveness. In Reiner, R. and Shapland, J. (eds.), Why Police? Special Issue on Policing in Britain: British Journal of Criminology, 27, 1, p.p. 70-79
Pollitt, C. (1993) Managerialism and the Public Services: Cuts or Cultural Change in the 1990’s. 2nd edn. Oxford: Blackwell.
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The Journey of a University of Northampton Criminology Graduate
On this Jubilee year, I ponder and reflect on my 3 years as a joint honours Criminology student, and where my life journey has taken me since
In 2012-2015, I did joint honours Criminology and Education studies, and later did the LLM in International Criminal Law and Security at from 2015-2017.
My journey as a Criminology Student alumni has lead me to all sorts of unique pathways.
Having a background in notetaking and student support at different universities, I worked for 6 1/2 years as a Co-op Member Pioneer (8th January 2018-10th August 2024), where, in the community I served, I supported the local police with crime related issues, and mediated between them and the public on crime issues that mattered to them and helped to support the police, as blogged about here ‘As a Member Pioneer Supporting the Police’ . Whilst this role was about connecting communities, supporting charities, causes and local people, I saw the opportunity to help the police and the community on crime related issues.
From December 2019-June 2020, I worked for 6 months in an addiction recovery unit. Here, I learned about addiction on a more deeper and personal level. I was one of 2 members of staff who were not addicts, and so the experience was eye-opening! The staff who had ‘come clean’ from their addictions would talk about their lives before becoming clean, and how they would resort to crime to fund their addictions. It was a vicious cycle for them as they were fighting traumatic battles which lead them down the route of addiction, and could not find their way out.
I was trained on taking phone calls, and spoke with so many devasted individuals who had lost their sons, daughters, husbands and wives to addiction, and were desperate to get them the help they needed. Seeing families torn apart by addiction, and meeting with new clients who had come in to get help and learning about their stories revealed deep sufferings and traumas, some of which were life-changing events, and harrowing cries for help.
I audited medication on a daily basis, worked with the Addiction specialist doctor to make sure all new clients had been seen to, and prepared folders for each client which the support team used in their care plans. I would also create certificates for all clients who had completed their time at the unit, and celebrated in their success.
When COVID struck, I was put on furlough, and later made redundant – such is life XD – Onto my next adventure!
Where am I now?
Fast forward to March 2021; after completing a lengthy job application and job interview, I landed myself a job in the Civil Service working for the Ministry of Justice! I do casework, work with the Judges on progressing cases, I clerked a few hearings previously too. Everyday is different, and every case I work on is different.
I process new claims and with the support of the Legal Officers, issue directions to the parties if any other information is required. I oversee the progress of cases and ensure all correspondence is up to date, all orders have been issued, and the case is ready to be heard.
Each day is different, and I love everything that I do working for the justice system.
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Cost of Living Crisis: Don’t worry it’s the Sovereign’s Birthday!*
On Saturday 31st May 2025, on Wellington Arch there was an increased presence of police. It was a sunny, albeit windy day in central London, and lots of people (tourists and locals) raised questions around why there appeared to be an increased police presence on this final Saturday of the May half term. At around 1pm approximately, what appeared to be hundreds of uniformed royal officers on horseback paraded through Wellington Arch into Hyde Park. They appeared to have come from Buckingham Palace. It was quite a sight to see! Every Sunday, there is a small parade, known as Changing of the Guard, but this was a substantially bigger ordeal. There is usually 2/3 police bikes that escorts the parade on the Sunday but not the numbers of Police (vans, bikes and officers) out on this sunny Saturday. It is over quickly, but the amount of people power, and I would imagine money, this has used seems quite ridiculous.
It turns out the large parade on May 31st was a ‘practice run’ for the Trooping of the Colour, which will occur on Saturday 15th June 2025. The Trooping of the Colour marks the ‘official’ birthday of the British Soverign and has done so for over 260years (Royal Household, 2025). It involves “Over 1400 parading soldiers, 200 horses and 400 musicians […] in a great display of military precision, horsemanship and fanfare to mark the Sovereign’s official birthday” (Royal Household, 2025). Having seen this every year, it is quite a spectacle and it does generate a buzz and increase in tourism to the area every year. I know the local small businesses in the surrounding areas are grateful for the increase in people, and it draws tourists in globally to view which generates money for the economy. But given the poverty levels visibly evident in London (not to mention those which are hidden), is this a suitable spend of money? Add on the more alarming issues with the monarchy and what it represents steeped in the clutches of empire and fostering hierarchies and inequalities, should this ‘celebration’ still be occurring? It’s the ‘Official’ Birthday of the Sovereign, but how many Birthdays does one need?
According to a Freedom of Information Request, the Ministry of Defence claimed in 2021, the Trooping of the Colour cost taxpayers around £60,000 (not the cost of the event, as there would have been other monies attached to funding this). Imagine what good this money could do: the people it could feed, the people it could provide shelter for, the medical treatment or research it could fund! Given this was 2021, I am going to hazard a guess that in 2025 this is going to cost significantly more. And for what? The Monarchy is the visual embodiment of empire, and according to the National Centre of Social Research, support for and interest in the Monarchy has been steadily declining for the past decade (NCSR, 2025). So even if people choose to ignore the horrific past of the British Sovereigns, it would appear that many are not interested in the Monarchy, regardless of its history (NCSR, 2025). I am aware the Royal family, and these ‘celebrations’, bring in income and generates global interest which translates to the argument that having a Monarchy is ‘economically viable’, but when you look at the disadvantage elsewhere, especially in London, its hard not to question clinging on to such traditions and the expense of meeting people’s basic needs. There is no critical consideration of what maintaining these traditions might suggest, or how they might impact those most effected by the British Empire and Colonialism. So why are these ‘celebrations’ persisting, and why are they having a practice run when steps away from them, in the underpass by Hyde Park Tube station there are people sleeping rough and begging for food? It feels as though there is a serious disconnect between what society needs (affordable homes, food, reasonable living wage, rehabilitation programmes, support and care) and what society will get (a glorified Birthday party for the ‘British Sovereign’).
*Note: the title of the blog should be read dripping in sarcasm.
References:
The National Centre for Social Research (2024) British Social Attitudes: Support for the Monarchy Falls [online]. Available at: https://natcen.ac.uk/news/british-social-attitudes-support-monarchy-falls-new-low [Accessed 4th June 2025].
The Royal Household (2025) What is Trooping the Colour? [Online]. Available at: https://www.royal.uk/what-is-trooping-the-colour#:~:text=The%20Trooping%20of%20the%20Colour,mark%20the%20Sovereign’s%20official%20birthday [Accessed 4th June 2025].
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Criminology in the neo-liberal milieu
I do not know whether the title is right nor whether it fits what I want to say, but it is sort of catchy, well I think so anyway even if you don’t. I could never have imagined being capable of thinking up such a title let alone using words such as ‘milieu’ before higher education. I entered higher education halfway through a policing career. I say entered; it was more of a stumble into. A career advisor had suggested I might want to do a management diploma to advance my career, but I was offered a different opportunity, a taster module at a ‘new’ university. I was fortunate, I was to renew an acquaintance with Alan Marlow previously a high-ranking officer in the police and now a senior lecturer at the university. Alan, later to become an associate professor and Professor John Pitts became my mentors and I never looked back, managing to obtain a first-class degree and later a PhD. I will be forever grateful to them for their guidance and friendship. I had found my feet in the vast criminology ocean. However, what at first was delight in my achievements was soon to be my Achilles heel.
Whilst policing likes people with knowledge and skills, some of the knowledge and skills butt up against the requirements of the role. Policing is functional, it serves the criminal justice system, such as it, and above all else it serves its political masters. Criminology however serves no master. As criminologists we are allowed to shine our spotlight on what we want, when we want. Being a police officer tends to put a bit of a dampener on that and required some difficult negotiating of choppy waters. It felt like I was free in a vast sea but restrained with a life ring stuck around my arms and torso with a line attached so as to never stray too far from the policing ideology and agenda. But when retirement came, so too came freedom.
By design or good luck, I landed myself a job at another university, the University of Northampton. I was interviewed for the job by Dr @manosdaskalou., along with Dr @paulaabowles (she wasn’t Dr then but still had a lot to say, as criminologists do), became my mentors and good friends. I had gone from one organisation to another. If I thought I knew a lot about criminology when I started, then I was wrong. I was now in the vast sea without a life ring, freedom was great but quite daunting. All the certainties I had were gone, nothing is certain. Theories are just that, theories to be proved, disproved, discarded and resurrected. As my knowledge widened and I began to explore the depths of criminology, I realised there was no discernible bottom to knowledge. There was only one certainty, I would never know enough and discussions with my colleagues in criminology kept reminding me that was the case.
Why the ‘neo-liberal milieu’ you might ask, after all this seems to be a romanticised story about a seemingly successful transition from one career to another. Well, here’s the rub of it, universities are no different to policing, both are driven, at an arm’s length, by neo liberal ideologies. The business is different but subjugation of professional ideals to managerialist ideology is the same. Budgets are the bottom line; the core business is conducted within considerable financial constraints. The front-line staff take the brunt of the work; where cuts are made and processes realigned, it is the front-line staff that soak up the overflow. Neo-Taylorism abounds, as spreadsheets to measure human endeavour spring up to aide managers both in convincing themselves, and their staff, that more work is possible in and even outside, the permitted hours. And to maintain control, there is always, the age-old trick of re-organisation. Keep staff on their toes and in their place, particularly professionals.
The beauty of being an academic, unlike a police officer, is that I can have an opinion and at least for now I’m able to voice it. But such freedoms are under constant threat in a neo-liberal setting that seems to be seeping into every walk of life. And to be frank and not very academic, it sucks!
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Criminology for all (including children and penguins)!
As a wise woman once wrote on this blog, Criminology is everywhere! a statement I wholeheartedly agree with, certainly my latest module Imagining Crime has this mantra at its heart. This Christmas, I did not watch much television, far more important things to do, including spending time with family and catching up on reading. But there was one film I could not miss! I should add a disclaimer here, I’m a huge fan of Wallace and Gromit, so it should come as no surprise, that I made sure I was sitting very comfortably for Wallace & Gromit: Vengeance Most Fowl. The timing of the broadcast, as well as it’s age rating (PG), clearly indicate that the film is designed for family viewing, and even the smallest members can find something to enjoy in the bright colours and funny looking characters. However, there is something far darker hidden in plain sight.
All of Aardman’s Wallace and Gromit animations contain criminological themes, think sheep rustling, serial (or should that be cereal) murder, and of course the original theft of the blue diamond and this latest outing was no different. As a team we talk a lot about Public Criminology, and for those who have never studied the discipline, there is no better place to start…. If you don’t believe me, let’s have a look at some of the criminological themes explored in the film:
Sentencing Practice
In 1993, Feathers McGraw (pictured above) was sent to prison (zoo) for life for his foiled attempt to steal the blue diamond (see The Wrong Trousers for more detail). If we consider murder carries a mandatory life sentence and theft a maximum of seven years incarceration, it looks like our penguin offender has been the victim of a serious miscarriage of justice. No wonder he looks so cross!
Policing Culture
In Vengeance Most Fowl we are reacquainted with Chief Inspector Mcintyre (see The Curse of the Were-Rabbit for more detail) and meet PC Mukherjee, one an experienced copper and the other a rookie, fresh from her training. Leaving aside the size of the police force and the diversity reflected in the team (certainly not a reflection of policing in England and Wales), there is plenty more to explore. For example, the dismissive behaviour of Mcintyre toward Mukherjee’s training. learning is not enough, she must focus on developing a “copper’s gut”. Mukherjee also needs to show reverence toward her boss and is regularly criticised for overstepping the mark, for instance by filling the station with Wallace’s inventions. There is also the underlying message that the Chief Inspector is convinced of Wallace’s guilt and therefore, evidence that points away from should be ignored. Despite this Mukherjee retains her enthusiasm for policing, stays true to her training and remains alert to all possibilities.
Prison Regime
The facility in which Feathers McGraw is incarcerated is bleak, like many of our Victorian prisons still in use (there are currently 32 in England and Wales). He has no bedding, no opportunities to engage in meaningful activities and appears to be subjected to solitary confinement. No wonder he has plenty of time and energy to focus on escape and vengeance! We hear the fear in the prison guards voice, as well as the disparaging comments directed toward the prisoner. All in all, what we see is a brutal regime designed to crush the offender. What is surprising is that Feathers McGraw still has capacity to plot and scheme after 31 years of captivity….
Mitigating Factors
Whilst Feathers McGraw may be the mastermind, from prison he is unable to do a great deal for himself. He gets round this by hacking into the robot gnome, Norbot. But what of Norbot’s free will, so beloved of Classical Criminology? Should he be held culpable for his role or does McGraw’s coercion and control, renders his part passive? Without, Norbot (and his clones), no crime could be committed, but do the mitigating factors excuse his/their behaviour? Questions like this occur within the criminal justice system on a regular basis, admittedly not involving robot gnomes, but the part played in criminality by mental illness, drug use, and the exploitation of children and other vulnerable people.
And finally:
Above are just some of the criminological themes I have identified, but there are many others, not least what appears to be Domestic Abuse, primarily coercive control, in Wallace and Gromit’s household. I also have not touched upon the implicit commentary around technology’s (including AI’s) tendency toward homogeneity. All of these will keep for classroom discussions when we get back to campus next week 🙂
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Victims of Domestic Violence Repeatedly Failed by UK Police Forces
On the last day of August 2024 I was invited to an event focused on “Victims of Domestic Violence Repeatedly Failed by UK Police Forces” held at Fenny Compton Village Hall. The choice of venue was deliberate, it was the same venue where Alan Bates brought together for the first time, just some of the many post-masters/mistresses impacted by, what we now recognise as, Britain’s largest miscarriage of justice. This meeting demonstrated that rather than one or two isolated incidents, this was widespread impacting 100s of people. Additionally, the bringing of people together led to the creation of the Justice for Sub-Postmasters Alliance [JFSA], a collective able to campaign more effectively, showing clearly that there is both strength and purpose in numbers.
Thus the choice of venue implicitly encouraged attendees to take strength in collectivity. Organised by three women who had lost daughters and a niece who instinctively knew that they weren’t the only ones. Furthermore, each had faced barrier after barrier when trying to find out what had happened to their loved ones leading up to and during their deaths. What they experienced individually in different areas of the country, shared far more commonality than difference. By comparing their experiences, it became clear that their losses were not unique, that across the country and indeed, the world, women were being subjected to violence, dying, grieving and being subjected to organisational indifference, apathy, if not downright institutional violence.
At the event, woman after woman, spoke of different women, very much loved, some had died, some had fled their violent partners (permanently, one hopes) and others who were still trapped in a living hell. Some spoke with confidence, others with trepidation or nerves, all filled with anguish, passion and each determined to raise their voices. Again and again they detailed their heartbreaking testimony, which again showed far more commonality than difference:
- Women being told that their reporting of domestic abuse incidents may make things much worse for them
- Evidence lost or disposed of by police officers
- Corrupted or deleted body worn camera footage
- Inability or unwillingness to recognise that domestic abuse, particularly coercive behaviour escalates, these are not separate incidents and cannot be viewed in isolation
- Police often dismissing women’s reports as examples of “minor” or “borderline” domestic abuse, when as detailed above, individual incidents in isolation do not reflect the lived experience
- History of domestic abuse ignored/disregarded whether or not recorded by the police
- Victims of domestic abuse being asked for forensic levels of detail when trying to report
- Victims of domestic abuse being incorrectly refused access by the police to access to information covered by Clare’s Law (Domestic Violence Disclosure Scheme)
- The Domestic Abuse, Stalking and Honour Based Violence [DASH} forms treated as tick box exercise, often done over harried phone calls
- Victims of domestic violence, criminalised when trying to protect themselves and their children from violent partners
- When escaping from violent relationships women are placed in refuges, often far from their support networks, children move schools losing their friendship circles and breaking trusted relationships with teachers
- Suicide not investigated according to College of Policing own guidance: Assume Nothing, Believe nobody, Challenge everything!
- Police failing to inform the parents of women who have died
- Dead women’s phones and laptops handed over to the men who have subjected them to violence (under the guise of next-of-kin)
- The police overreliance on testimony of men (who have subjected them to violence previously) in relation to their deaths
- Challenges in accessing Legal Aid, particularly when the woman and children remain in the family home
- The lack of joined up support, lots of people and charities trying to help on limited resources but reacting on an ad hoc basis
- The police would rather use valuable resources to fight victims, survivors and their families’ complaints against them
The above is by no means an exhaustive list, but these issues came up again and again, showing clearly, that none of the women’s experiences are unique but are instead repeated again and again over time and place. It doesn’t matter what year, what police force, what area the victim lived in, their education, their profession, their class, marital status, or whether or not they were mothers. It is evident from the day’s testimony that women are being failed not only by the police, but also the wider Criminal Justice System.
Whilst the women have been failed, the criminologist in me, says we should consider whether the police are actually “failing” or whether they are simply doing what they were set up to do, and women are simply collateral damage. Don’t forget the police as an institution are not yet 200 years. They were set up to protect the rich and powerful and maintain control of the streets. Historically, we have seen the police used against the population, for example policing the Miners’ Strikes, particularly at Orgreave. More recently the response to those involved in violent protest/riots demonstrates explicitly that the police and the criminal justice system can act swiftly, when it suits. But consider what it is trying to protect, individuals or businesses or institutions or the State?
The police have long been faced by accusations of institutional racism, homophobia and misogyny. It predominantly remains a institution comprised of white, straight, (nominally) Christian, working class, men, despite frequent promises to encourage those who do not fit into these five classifications to enlist in the force. Until the police (and the wider CJS) are prepared to create a less hostile environment, any attempt at diversifying the workforce will fail. If it continues with its current policies and practices without input from those subjected to them, both inside and outside the institution, any attempt at diversifying the institution will fail. But again we come back to that word ‘failure’, is it failing if the institution continues to maintain the status quo, to protect the rich and powerful and maintain control of the streets?
But does the problem lie solely with the police and the wider criminal justice system, or are we continually failing as a society to support, nurture and protect women? Take for example Hearn’s astute recognition that ‘[f]or much too long men have been considered the taken-for-granted norm against which women have been judged to be different’ offers an alternative rationale (1998: 3).Many scholars have explored language in relation to women and race, identifying that in many cases the default is understood to be a white male (cf. de Beauvoir, 1949/2010, Lakoff, 1973, Spender, 1980, Eichler, 1988/1991, Penelope, 1990, Homans, 1997). As de Beauvoir evocatively writes, ‘humanity is male and man defines woman not in herself, she is not regarded as an autonomous being […] He is the Subject; he is the Absolute. She is the Other’ (de Beauvoir, 1949/2010: 26). Lakoff (1973) also notes that the way in which language is used both about them and by them, disguises and enables marginalisation and disempowerment. Furthermore, it enables the erasure of women’s experience. The image below illustrates this well, with its headline figure relating to men. Whilst not meaning to dismiss any violence, when women’s victimisation far outweighs that faced by men, this makes no logical sense.
Nevertheless, we should not forget men as Whitehead dolefully concludes:
‘to recognize the extent and range of men’s violences is to face the depressing and disturbing realization that men’s propensity for cruelty and violence is probably the biggest cause of misery in the world (2002: 36).’
Certainly numerous authors have identified the centrality of men (and by default masculinity) to any discussion of violence. These range from Hearn’s powerful assertion that it is ‘men [who] dominate the business of violence, and who specialize in violence’ (1998: 36) to Mullins (2006) suggestion that women act as both stimulation for men’s violence (e.g. protection) and as a limiter. Certainly, Solnit perceptively argues that armed with the knowledge that men are responsible for far more violence, it should be possible to ‘theorise where violence comes from and what we can do about it a lot more profoundly’ (2014: 25).
All of the challenges and barriers identified on the day and above make it incredibly difficult, even for educated well-connected women to deal with, this is compounded when English is not your first language, or you have a visa dependant on your violent partner/husband, or hold refugee status. As various speakers, including the spokeswoman for Sikh Women’s Aid made clear, heritage and culture can add further layers of complexity when it comes to domestic abuse.
Ultimately, the event showed the resilience and determination of those involved. It identified some of the main challenges, paid tribute to both victims and survivors and opened a new space for dialogue and collective action. If you would like to keep up with their campaign, they use the hashtag #policefailingsuk and can be contacted via email: policefailings.uk@yahoo.com
References
de Beauvoir, Simone, (1949/2010), The Second Sex, tr. from the French by Constance Borde and Sheila Malovany Chevalier, (New York: Vintage Books)
Eicler, Margrit, (1988/1991), Nonsexist Research Methods, (London: Routledge) (Kindle Version)
Hearn, Jeff, (1998), The Violences of Men, (London, Sage Publications Ltd)
Homans, Margaret, (1997), ‘“Racial Composition”: Metaphor and the Body in the Writing of Race’ in Elizabeth Abel, Barbara Christian and Helene Moglen, (Eds), Female Subjects in Black and White, (London: University of California Press): 77-101
Lakoff, Robin, (1973), ‘Language and Woman’s Place,’ Language in Society, 2, 1: 45-80
Mullins, Christopher W., (2006), Holding Your Square: Masculinities, Streetlife and Violence, (Cullompton: Willan Publishing)
National Centre for Domestic Violence, (2023), ‘Domestic Abuse Statistics UK,’ National Centre for Domestic Violence, [online]. Available from: https://www.ncdv.org.uk/domestic-abuse-statistics-uk/ [Last accessed 31 August 2024]
Penelope, Julia, (1990), Speaking Freely: Unlearning the Lies of the Fathers’ Tongues, (New York: Pergamon Press)
Solnit, Rebecca, (2014), Men Explain Things to Me, (London: Granta Publications)
Spender, Dale, (1980), Man Made Language, (London: Routledge and Kegan Paul)
Whitehead, Stephen M., (2002), Men and Masculinities, (Cambridge: Polity Press)
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Media Madness
Unless you have been living under a rock or on a remote island with no media access, you would have been made aware of the controversy of Russell Brand and his alleged ‘historic’ problematic behaviour. If we think about Russell Brand in the early 2000s he displayed provocative and eccentric behaviour, which contributed to his rise to fame as a comedian, actor, and television presenter. During this period, he gained popularity for his unique style, which combined sharp wit, a proclivity for wordplay, and a rebellious, countercultural persona.
Brand’s stand-up comedy routines was very much intertwined with his personality, which was littered with controversy, something that was welcomed by the general public and bosses at big media corporations. Hence his never-ending media opportunities, book deals and sell out shows.
In recent years Brand has reinvented (or evolved) himself and his public image which has seen a move towards introspectivity, spirituality and sobriety. Brand has collected millions of followers that praise him for his activist work, he has been vocal on mental health issues, and he encourages his followers to hold government and big corporations to an account.
The media’s cancellation of Russell Brand without any criminal charges being brought against him raises important questions about the boundaries of cancel culture and the presumption of innocence. Brand, a controversial and outspoken comedian, has faced severe backlash for his provocative statements and unconventional views on various topics. While his comments have undoubtedly sparked controversy and debate, the absence of any criminal charges against him highlights the growing trend of public figures being held to account in the court of public opinion, often without a legal basis.
This situation underscores the importance of distinguishing between free speech and harmful behaviour. Cancel culture can sometimes blur these lines, leading to consequences that may seem disproportionate to the alleged transgressions. The case of Russell Brand serves as a reminder of the need for nuanced discussions around cancel culture, ensuring that individuals are held accountable for their actions while also upholding the principle of innocent until proven guilty in a court of law. It raises questions about how society should navigate the complex intersection of free expression, public accountability, and the potential consequences for individuals in the public eye.
There is also an important topic that seems to be forgotten in this web of madness……..what about the alleged victims. There seems to be a theme that continuously needs to be highlighted when criminality and victimisation is presented. There is little discussion or coverage on the alleged victims. The lack of media sensitivity and lay discussion on this topic either dehumanises the alleged victims by using lines such as ‘Brand is another victim of MeToo’ and comparing him to Cliff Richard and Kevin Spacey, two celebrities that were accused of sexual crimes and were later found not guilty, which in essence creates a narrative that does not challenge Brand’s conduct, on the basis of previous cases that have no connection to one another.
We also need to be mindful on the medias framing of the alleged witch hunt against Russell Brand and the problematic involvement that the UK government. The letter penned by Dame Dinenage sent to social media platforms in an attempt to demonetize Brand’s content should also be highlighted. While I support Brand being held accountable for any proven crimes he has committed, I feel these actions by UK government are hasty, and problematic considering there have been many opportunities for the government to step in on serious allegations about media personalities on the BBC and other news stations and they have not chosen to act. The step made by Dame Dinenage has contributed to the media madness and contributes to the out of hand and in many ways, nasty discussion around freedom of speech. The government’s involvement has deflected the importance of the victimisation and criminality. Instead, it has replaced the discussion around the governments overarching punitive control over society.
Brand has become a beacon of understanding to is 6.6 million followers during Covid 19 lockdowns, mask mandates and vaccinations. This was at a time when many people questioned government intentions and challenged the mainstream narratives around autonomy. Because Brand has been propped up as a hero to his ‘awakened’ followers the shift around his conduct and alleged crimes have been erased from conversation and debates around BIG BROTHER and CONTROL continue to shape the media narrative………
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What cost justice? What crisis?
The case of Andrew Malkinson represents yet another in the long list of miscarriages of justice in the United Kingdom. Those that study criminology and those practitioners involved in the criminal justice system have a reasonable grasp of how such cases come about. More often than not it is a result of police malpractice, negligence, culture and error. Occasionally it is as a result of poor direction in court by the trial judge or failures by the CPS, the prosecution team or even the defence team. The tragic case of Stefan Kiszko is a good example of multiple failures by different bodies including the defence. Previous attempts at addressing the issues have seen the introduction of new laws such as the Police and Criminal Evidence Act 1984 and the Criminal Procedure and Investigations Act 1996. The former dealing in part with the treatment of suspects in custody and the latter with the disclosure of documents in criminal proceedings. Undoubtedly there have been significant improvements in the way suspects are dealt with and the way that cases are handled. Other interventions have been the introduction of the Crown Prosecution Service (CPS), removing in part, charging decisions from the police and the introduction of the Criminal Cases Review Commission (CCRC) to review cases where an appeal has been lost but fresh evidence or information has come to light.
And yet, despite better police training regarding interviews and the treatment of suspects, better training in investigations as a whole, new restrictive laws and procedures, the independence of the CPS, the court appeal system and oversight by a body such as the CCRC, miscarriages of justice still occur. What sets the Malkinson case aside from the others appears to be the failure of the CCRC to take action on new information. The suggestion being that the decision was a financial one, with little to do with justice. If the latter is proved to be true, we will of course have to wait for the results of the inquiry, then how can anyone have any confidence in the justice system?
Over the years we have already seen swingeing cuts in budgets in the criminal justice system such that the system is overloaded. Try to pop into the local police station to make a complaint of a crime, you won’t find a station open to the public. Should you have been unfortunate enough to have been caught for some minor misdemeanour and need to go to magistrates’ court for a hearing, you’ll be lucky if you don’t have to travel some considerable distance to get there, good luck with that if you rely on public transport. Should you be the victim of a more serious crime or indeed charged with a more serious offence, triable in crown court, then you’ll probably wait a couple of years before the trial. Unfortunate if you are the alleged offender and on remand, and if you are the victim, you could be forgiven for deciding that you’d rather put it all behind you and disengage with the system. But even to get to that stage, there has to be sufficient evidence to secure a prosecution and it has to be in the public interest to do so. Your day in court as a victim is likely to be hang on the vagaries of the CPS decision making process. A process that has one eye on the court backlog and another on performance targets. Little wonder the attrition rate in sex offences is so high. Gone are the days of letting a jury decide on occasions where the evidence hangs on little more than one person’s word against the other.
Andrew Malkinson and his legal representative have called for a judicial review, a review where witnesses can be compelled to attend to give evidence and documentary evidence can be demanded to be produced. Instead, the government has said there will be an independent inquiry. On a personal note, I have little faith in such inquiries. My experience is that they are rarely independent of government direction and wishes. Andrew Malkinson’s case is a travesty and the least that can be done is to have a proper inquiry. I suspect though that the Malkinson case might just be the tip of the iceberg. The Criminal Justice System is in crisis but budgetary restraint and political whim seem to be far more important than justice. We can look forward to more finger pointing and yet more reorganisation and regulation.
Thoughts from the criminology team 
