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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.
This Spoken word piece was inspired by watching the TV news with my aunt Shirley. Shout-out to Evelyn from the Internets, because I’m calling in Black tomorrow.
Audience/Reader: Hum, snap, step, clap, sing ‘Another One Bites the Dust’
Newsflash at dawn:
After several overnight reports of disturbances,
Police are on the lookout this morning for a smart negro male,
Accused of bringing up racism and angering the masses.
The suspect is considered armed with intelligence,
and other deadly weapons such as pen and paper.
9 0’clock morning News:
Police are on the lookout for a smart negro male,
Accused of bringing up racism and angering the masses.
Suspect is considered armed with intelligence and other deadly weapons.
The public is advised NOT to approach the suspect,
And notify authorities immediately…
So he can be shot.
News at noon.
Police are on the lookout for a smart negro male,
Accused of bringing up racism and angering the masses.
This station has obtained exclusive video of today’s deadly police shooting captured by a member of the public.
This exclusive footage posted to social media shows the suspect reading a book on colonization, before advising authorities who responded immediately…
When authorities arrived,
Suspect was found holding a book,
Defacing it with pens and markers as officers approached.
This exclusive video captured by several members of the public shows suspect refusing the officers’ orders to release the book.
Suspect is seen raising the book,
At which point officers fired 32 shots,
Twelve of which landed in the suspect’s head.
After anti-terrorist units spent several hours clearing the area of any potential radical activity,
Emergency services were allowed on the scene at which point the suspect was pronounced dead.
Evening news flash:
This station has new, exclusive CCTV footage from the Central Library where the suspect loitered for several hours.
The suspect is captured on several different cameras,
And can even be seen interacting with several members of the public.
An anonymous informant who works for the library claims that the suspect left several notes in the suggestion box, demanding the library, quote:
“…rectify the deafening void of Black autobiographies in the library’s Great American biographies collection.”
The anonymous library informant said that the suspect always sat at the same table near the ‘African-American literature’ section,
And had been seen furiously taking notes while going through stacks of books.
The anonymous informant says that the library received
“Several complaints about these disturbances.”
None of the complainants ever went on record.
News at 5!
This station’s investigations have also uncovered the Central library’s exclusive files on the suspect.
The suspect joined the library on September 11th of 1984 under a student account and a different name. That’s right.
We’ve obtained an exclusive ‘News at 5’ interview with the suspect’s fourth-grade teacher who initially helped the suspect set-up the library account.
The teacher describes the suspect as quote disruptive and “radical to the core,”
The teacher claims that during a history lesson, the suspect once referred to this nation’s founding fathers as “Unpatriotic, patriarchal, racist oligarchs with a God complex.”
Indeed, this suspect has a pattern of radical, anti-American sentiments.
While these troubling incidents were well before the terrible radical Islamic attacks of 9-11,
The pattern suggests early radicalization!
Authorities are still trying to understand why the suspect checked out a Koran,
And other books on Islam,
Just days after those terrible, Islamic attacks.
The suspect visited the library regularly and checked out biographies of other known negro Muslim radicals such as Malcolm X and Muhammad Ali.
Experts believe that reading these texts lead to the suspect’s radicalization.
From 2006 to 2007,
The suspect checked out every collection of essays by James Baldwin.
This triggered the FBI’s terrorist watch protocols.
Nightly news flash:
New evidence has surfaced regarding today’s tragic case of domestic terrorism.
Authorities have found that the suspect was quote very active
In the known radical hate group Black-and-Proud.
Our investigative reporters have uncovered proof that
The suspect was a key member of this radical hate-group.
Apparently, authorities had infiltrated Black-and-Proud’s on-line forum as early as 2006.
An anonymous police informant closely tied to the case believes that the suspect may have worked within an organized cell within Black-and-Proud.
Authorities are not calling it a terrorist plot,
But are calling on the public for any leads.
This station has obtained exclusive footage of Black-and-proud operatives conducting an indoctrination program for kids as young as five.
In this newly obtained footage from Black-and-Proud’s own website,
The suspect can be seen reading portions of the autobiography of Malcolm X to what looks like a negro kindergarten class.
Authorities are calling it a justified homicide.
Washington Post, July 2016
For most of my life, I have been an avid reader of all types of books. As my family will confirm, from childhood, I was never without a book. As an adult, I have regularly selected coats with large pockets and bags purely on the basis that they can hold a book. As many students will attest, my answer to most academic questions is “read, read and read some more”. Despite the growth of the internet and other media, which as @drkukustr8talk has noted recently, diverts and subverts our attention and concentration, reading remains my first and truest love.
This, my third ‘Love Letter’, focuses on my favourite author, above all others, Agatha Christie. I have previously dedicated ‘Love Letters’ to poetry, and art. Both of these forms took a long time for me to develop my understanding of and my love for. This ‘Love Letter’ is slightly different.
I first discovered Christie’s novels when I was about 12, since then they have formed a regular backdrop to my life. They act as a comfort blanket when I am tired, stressed, sad or away from home. I have read and reread everything she wrote and know the stories inside and out. Despite my decades of adoration, it remains challenging to know exactly what it is that appeals to me so much about Christie’s novels.
Perhaps it is the symmetry, the fact that for Christie every crime has a solution. Conceivably, given my pacifist tendencies, it could be the absence of explicit violence within her books. Maybe it’s Christie use of stereotypical characters, who turn out to be anything but. You don’t have to look very far to find the oh-so suspicious foreigner, who turns out to be a caring father (Dr Jacob Tanois) or the shell-shocked former military man trained in violence, who metamorphosises into a rather lonely man, who suffers from epilepsy (Alexander Cust). In all these cases, and many others, Christie plays with the reader’s prejudices, whatever they might be, and with deft sleight of hand, reveals that bias as unfounded.
To be honest, until relatively recently, I did not think much about the above, reading Christie was so much part of my life, that I took it very much for granted. All that changed in 2017, when I spotted a ‘Call for Chapters’
It seemed too good an opportunity to miss, after all I had spent a lifetime reading Christie, not to mention a decade studying war and crime. After all, what did I have to lose? I submitted an abstract, with no real expectation that someone who had never studied fiction academically, would be accepted for the volume. After all, who would expect a criminologist to be interested in the fictional writing of a woman who had died over 40 years ago? What could criminology learn from the “golden age” of “whodunnit” fiction?
Much to my surprise the abstract was accepted and I was invited to contribute a chapter. The writing came surprisingly easy, one of very few pieces of writing that I have ever done without angst. Once I got over the hurdle of forcing myself to send my writing to strangers (thank you @manosdaskalou for the positive reassurance and gentle coercion!) , what followed was a thoroughly pleasant experience. From the guidance of the volume’s editors , Drs J. C. Bernthal and Rebecca Mills, to the support from many colleagues, not mention the patience of Michelle (Academic Librarian) who patiently held restrained from strangling me whilst trying to teach me the complexities of MLA. Each of these people gave me confidence that I had something different to say, that my thinking and writing was good enough.
Last week, my copy of the book arrived. It was very strange to see my chapter in print, complete with my name and a brief biography. Even more surreal was to read the editors’ introduction and to see my work described therein, with its contribution to the volume identified. I doubt many people will ever read my chapter, it is published in a very expensive academic book destined for academics and libraries. Nevertheless, I have left the tiniest of marks in academic literature and perhaps more importantly, publicly acknowledged my love for the writing of Agatha Christie.
The finished article:
Bowles, Paula, (2020), ‘Christie’s Wartime Hero: Peacetime Killer’ in Rebecca Mills and J. C. Bernthal, Agatha Christie Goes to War, (Abingdon: Routledge): 28-45
“These children are in our care; we, the state, are their parents- and what are we setting them up for…the dole, the streets, an early grave? I tell you: this shames our country and we will put it right.”
David Cameron MP, Prime Minister October 2015 at the Conservative Party Conference.
Well, I think it would be fair to say that politicians’ minds have not been exercised unduly over the fate of care leavers since David Cameron made the above promise in 2015. I worked with children in care and care leavers involved in the youth justice system for over thirty years and although his analysis of the outcomes for care leavers was simplistic and crude, tragically Cameron’s statement rings true for many of those leaving care.
With regard to the criminal justice system, Lord Laming’s independent review “In Care, Out of Trouble” http://www.prisonreformtrust.org.uk/Portals/0/Documents/In%20care%20out%20of%20trouble%20summary.pdf, notes that there is no reliable data on the numbers of looked after children in custody. However, based on data from a number of sources, the review came to the conclusion that around 400 looked after children are in custody at any one time. The total number of children in custody for July 2019 is 817. So, slightly less than half of those children in custody are looked after children according to the best estimates available, drawn from different sources. http://youthjusticeboard.newsweaver.co.uk/yots2/1g2x6m3h9q315chudc9elc?email=trueYJBulletin
Moving the spotlight, a huge 40% of care leavers are not engaged in Education, Training or Employment and only 6% of care leavers gain entry to university https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/464756/SFR34_2015_Text.pdf . This at a time when around 50% of children now have access to Higher Education and the opportunities that this can provide. Also, 20% of young people who are homeless have previously been in care.
Naturally, we have to be careful to provide a level of balance to the above rather desperate and shocking figures. Lord Laming’s review found that 94% of children in care did not get in trouble with the law. However, children in care are six times more likely to be cautioned, or convicted of an offence than children in the wider population. Furthermore, children in care who come to police attention are more likely to be prosecuted and convicted than cautioned when compared to the wider child population.
So, what has happened since 2015 when David Cameron declared his intention to “put it right”? In truth, there have been some steps forward and these need to be celebrated and built upon. The Care Leaver Covenant, a promise made by private, public or voluntary organisations to provide support for care leavers aged 16-25 has meant the availability of employment opportunities for young care leavers in the Civil Service, local authorities and a range of private sector organisations. Closer to home, here at the University of Northampton, we have launched a new package of support for care leavers who want to study with us. The package offers the possibility, from 2020, of a fully funded place in our Halls of Residence for the first academic year, a contract which extends their accommodation lease to include the summer vacation. A block for many care leavers entering Higher Education is the very real issue of where to live at the end of the academic year, so this tries to address this issue. Another block experienced is financial hardship; the offer provides a non-means tested financial award of up to £1,500 per year to help with course and living costs, and this alongside the local authority’s statutory responsibility to support access to higher education may also help. We also have a designated member of support staff to provide advice and guidance. All these demonstrate our commitment to widening participation and encouraging ambition.
Of course, this is only part of the picture. Arguably, our engagement with young people in care needs to start shortly after their transition to secondary school. The wider social structures which perpetuate disadvantage and poverty will continue to challenge those who are children in care and leaving care. The “adverse childhood experiences” – a rather unedifying term for physical, sexual, and emotional abuse perpetrated by carers or parents-will still have an impact for this group and potentially impair their ability or commitment to study.
If however, I learnt anything from my years working with children in care and children leaving care, it is that you should not underestimate their ability to overcome the obstacles placed in their way. With the right support and a child centred approach, education can provide the right framework for opportunities. Victor Hugo famously said that if you open a school door, you close a prison. Let’s kick open the door of Higher Education a little wider and increase the life chances of these children in OUR care.
As a footnote, I should say that my mum was in care from the age of four until she was fifteen when she was adopted. I would therefore be happy to acknowledge that this has some influence on my perspective and my interest in this group of young people.
Dave Palmer Lecturer in Criminal Justice Services
The governments contingency plan ‘Operation Yellowhammer’ has just been released. Notice I use the words released rather than published, the latter suggesting that the government provided the information to the public willingly. Of course, nothing is further from the truth, the government were forced by parliament to release the document and it does not make pretty reading.
On closer examination, there are few surprises. Food prices will go up as certain foods become less available. More importantly, the document recognises that vulnerable groups, those on low incomes “will be disproportionately affected by any price rises in food and fuel”.
Protests and counter protest will take place across the country, inevitably this will lead to major disorder and will stretch an already overstretched police service to breaking point. The 20,000 extra police officers the government has promised are going to be needed. Some serious magic is required to produce these and quickly.
Lorries will be queuing up to cross the channel further stretching police and highways resources as they attempt to implement ‘Operation Brock’. The flow of goods will be severely disrupted and could have an impact on the supply of medicines and medical supplies. Once again, the vulnerable will be hit the hardest.
Some businesses will cease trading. You can bet that the people affected will not be those with money, only those without. Unemployment will go up as the economy takes a nose dive and fewer jobs become available.
There will be a growth in the black market. It doesn’t take a genius to work out the concept of supply and demand. Left unchecked, we could see the rise of organised crime far beyond that impacting the country presently. To exacerbate the problem, law enforcement data between the EU and the UK will be disrupted. Those 20,000 police officers are going to need to do double shifts.
Social care providers might fail. Never mind, its only the most vulnerable in society that are being looked after by them. If you can afford a good care home, it shouldn’t impact, if not, there are always police cells.
Just a few minor problems then with the advent of a ‘no deal Brexit’. Possibly exacerbated by natural phenomena such as flooding (of course that never happens) or a flu pandemic (I hope you’ve had your flu vaccine).
It doesn’t matter whether you voted to leave the European Union, or you voted to stay, you would have to be rather vacuous if you are not concerned by the contents of ‘Operation yellowhammer’.
But the most worrying aspect of all of this is that the government have been openly and vigorously pursuing a policy of leaving the EU with or without a deal. Let’s cut to the chase then, by pursuing its course of action, this government’s policy is to ruin the country and create mayhem. Would you really vote for that, I know I wouldn’t?