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Is justice fair?

There is a representation of justice.  A woman (lady justice) blindfolded holding the scales of justice in one hard and a sword in the other.  This representation demonstrates a visualisation of the core principles of justice: blindfold for impartiality, the scales for weighting the evidence and the sword, the authority.  The need for this representation is making the point that justice is fair.  To all people justice is an equaliser that brings the balance back to everyday life.  Those who break the natural order are faced with the consequences of the arbitration made by the system that assumes equality for all against the law.  

The representation of justice must be convincing in order to be accepted by the public.  The impartiality has to be demonstrable and the system forms a bond across all social strata.  Well, at least in principle.  There is a difference between representation and reality.  This is something we learn from early on.  As a kid, I remember a special ice-cream in a cup that had a little toy in the bottom of the cup.  It looked so appealing, but the reality never met my expectations.  Still, I continued to buy it, in anticipation that maybe the representation and the reality will meet.  Like the ice cream, the justice system, has a beautiful packaging that makes it incredibly appealing. 

Forged in the flames of the renaissance and the enlightenment, justice transformed from a convenient divinity to a philosophical ideal and a social need.  It became a concept that reflected social changes and economic growth.  Many of the principles of justice, like equality and fairness, carried forward from the classical era.  Only at this time these concepts were enriched with philosophical arguments influenced by humanism.  The age of exploration and knowledge added to the scientific rigour of forensic investigation and the procedures became standardised.  Great minds conceptualised some of theoretical aspects and transferred them in everyday practice.  Cesare Beccaria’s treatise On Crimes and Punishments demonstrated how humanist principles can affect procedure and sentencing. 

This justice system was/is our social “ice cream”.  Desirable and available to all citizens.  A system beyond people and social status, able to call individuals to account.  Unfortunately like my childhood “ice cream” equally disappointing, primarily because the reality is not even close to the representation.  The principles of justice are all noble and inspiring.  There is however something behind the systems that needs to be explored in order to understand why reality and representation are so far apart.  The guiding principle of any justice system from inception to this day is not to restore the balance (as so beautifully demonstrated with the scales) but to maintain the established order or the social status quo

On the occasions where societies broke down because of war or revolution, significant changes happened.  Those allowed some reforms in different parts of the system allowing changes, sometimes even radical.  Even at those situations the reforms were never too radical or too extensive.  Regardless of the political system, tyrannical, dictatorial or democratic, the establishment is keen to maintain its authority over the people.  For this to happen, the system must be biased in its inception about what we mean about justice.  If the expectations of law and order are given a direction, then the entire system follows that direction and all changes are more cosmetic than fundamental.  Quite possibly this explains what we recognise as miscarriages of justice as simply the inability of the system to be more tactful about its choices and arbitrations. 

Therefore, tax avoidance and drug use take a different level of priority in the system.  It is the same reason that people from different socioeconomic groups are seem differently, regardless of the system’s reassurance on equality and fairness.  Maybe the biggest irony of all is that the representation of justice is a woman, in one of the most male dominated systems.  From the senior judiciary to the heads of police and the prison systems, women are still highly underrepresented.  Whilst the representation of ethnic minorities is even lower.  Of course, even if it was to change in composition, that would be arguably a cosmetic change.  Perhaps it is time as society to use consumer law and demand that our justice system is like it’s been advertised…fair.       

https://www.pikrepo.com/flrpo/lady-justice-statue

Domestic Abuse Misinterpreted: Beyond the Scope of Violence

Background

The framework behind my dissertation arose from a lifelong unanswered question in my mind: “why is psychological and emotional abuse often overlooked in domestic abuse scenarios?” This question had formed in my precocious mind as a child, this was due to experiencing domestic abuse in the family home for many years and in many forms.

Early Stages of the Dissertation

It was only when I began studying criminology at university that I unearthed many underlying questions relating to the abuse I suffered as a child and from watching my mother be psychically and mentally abused. I was understanding my experiences from an academic standpoint, as well as my peers’ experience of domestic abuse too. As a child, I had recognised that the verbal and psychological abuse was increasingly more detrimental on the victim’s mental wellbeing than the physical violence; the physical violence is a tactic used by abusers to install fear in the victim. In the early stages of my dissertation, I was gathering literature to aid my understanding on domestic abuse. I came across two essential books, one book was recommended by @paulaabowles, my dissertation supervisor: Scream Quietly or the Neighbours Will Hear (1979) by Erin Pizzey. This book provided great insight to the many aspects of domestic abuse from the memoires of Erin Pizzey who founded the first domestic abuse refugee in London 1971 known as, Chiswick Women’s Aid. The second book was: Education Groups for Men Who Batter: The Duluth Model (1993) by Pence and Paymar. This book aided my knowledge on the management of male abusers and how their abusive behaviour is explained by the using the visual theoretical framework known as, the Duluth Model; the Power and Control Wheel. I gathered more literature on domestic abuse and formed the backbone for my dissertation, it was time to self-reflect and establish my standpoint so that I could conduct my research as effectively and ethically.

The Research

This was the most important aspect of the dissertation; the most influential too. In my second-year studies, we were required to conduct research in a criminal justice agency to form a placement report; I chose a charitable organisation based in Northampton that provided support to female victims and offenders in the criminal justice system. For my dissertation, I chose to go back to the facility to conduct further research, this time my focus was on the detrimental effects experienced by female victims of domestic abuse.  

Using a feminist standpoint alongside an autoethnographic method/ methodology, I was able to conduct primary research together with the participants of the study. I chose feminism as my standpoint due to the fundamental theoretical question centred in the social phenomenon of domestic abuse: gender inequality. I believe the feminist perspective was the most compatible and reliable standpoint to tackle my research with, it allowed room for self-reflection to identify my own biases and to recognise societal influences on how I interpret experiences and emotions. The standpoint’s counterpart – autoethnography – was employed so that I could actively insert myself into the research; this was supported by my research tool of observation participation and by recording qualitative data in a research diary. Over the course of nine weeks, I had formed trustworthy and respectful relationships with the participants, I had also encountered epiphanies and clarities regarding my own experiences of domestic abuse. Through using the research method observation participation, I was able to observe the body language and facial expressions of the participants alongside witnessing their emotions and participating in conversation. Collectively, my research methods enabled me to gather in-depth, first-hand accounts of the women’s experiences of domestic abuse. When writing the conclusion for my dissertation, I was able to establish that psychological and emotional abuse can be more detrimental to the victim than the physical violence itself. Interestingly, I had identified patterns and trends in the abuser’s behaviour and how it impacts the victim’s response; the victims tend to mimic their abusive partners traits e.g. anger and guilt.

I was able to conclude my dissertation with supporting evidence to credit my original question, through using personal experience and the experience of the wonderful women that participated in my research. Many of the women’s experiences highlighted in my dissertation research corresponded with the Duluth Model thesis embedded in my literature review. I was able to demonstrate how the elements of power and control in the abusive partner behaviour can adversely affect the victim; consequences of mental health issues, substance misuse and changes in victim’s lifestyle and behaviour. Overall, the experience was incredibly insightful and provided me with transferable interpersonal and analytical skills.

Someday at Christmas. #BlackenAsiaWithLove

Now that folks have returned to their normal lives, and the Christmas credit card bills have arrived, let’s reflect on the reason for the season. To get you in the mood, the writer suggests listening to Stevie Wonder’s Someday at Christmas alongside this read; lyrics included here.

Someday at Christmas men won’t be boys
Playing with bombs like kids play with toys

Today’s divisions are so profound, and illiberal tribalism runs so deep, that I believe only art can speak to them – they not hearing me when people like me speak. I’m clearly not an illiberal tribe member, and as soon as I open my mouth, my ‘proper’ American English is dismissed alongside the liberal elite media, Hollywood, etc. The tribe dismisses us, I surmise, due to our training and faith in the transformative power of critical thinking.

“If Republicans ran on their policy agenda alone,” clarifies one article from a prominent liberal magazine, “they would be at a disadvantage. So they have turned to a destructive politics of white identity, one that seeks a path to power by deliberately dividing the country along racial and sectarian lines.” This is lit-er-ally happening right now as the presidential impeachment hearings follows party-not-morality lines. Conservatives are voting along their tribe to support the so-called leader of the free world. Are they free?

Words like ‘diversity’ sound threatening to today’s illiberal thinkers. Those who tout PC-culture as going too far may as well go ahead and admit that they are anti-evolution! Those who denounce implicit racial bias have little to say about any form of racism, save for its so-called ‘reverse’. Those who would rather decry ‘feminism’ as man-hating have little to say about actual misogyny. Yet, it is the liberal candidate/leader/thinker who is held to a higher standard. Are we free?

wonder-christmasSomeday in a world where men are free
Maybe not in time for you and me
But someday at Christmastime

We are in an era of supreme conservative/illiberal tribalism. That’s the unique We are in an era of supreme conservative/illiberal tribalism. That’s the unique ties that bind America’s 45, to Britain’s BJ to Germany’s AFD, France’s infamous National Front (now in its second generation), Italy’s Lega Nord, Austria’s FPO– yes, the F is for ‘freedom’- all the way to India’s leading Islamaphobe. Let’s not forget Poland’s tiki-torch bearing PiS party that filthy-up the European Parliament joined by their brethren from Denmark to Estonia to Belgium and beyond.

EU-far-right

EU’s Right-wingers!

Illiberal tribes are tricking masses of those inside cultures of power into voting against their own interests. This is not, as many commentators have noted, to suggest that their so-called liberal alternatives are virtuous. Of course not, but it’s clear that masses can be motivated through fear of the other, whereas organizing around widening the pool of cooperation and humane concern is simply not sexy.

Someday at Christmas there’ll be no tears
All men are equal and no men have fears

Today’s brand of conservatism is an entire illiberal ethic that clearly must be cultivated from birth. Either you get it, or you don’t. Imagine the folks they’re turning against, and tuning out in order to hold onto those values. Imagine the teacher, friend, colleague, schoolmate, neighbour of ‘foreign’ origin that a Brexiteer must wipe away from their consciousness in order to support the anti-EU migration that fueled the campaign. The ability to render folks as ‘other’ is not an instantaneous predicament. It’s well cultivated like a cash crop, say cotton, cane or tobacco! Going to the ballot box to support bigots can’t be an easy feat when we’re literally surrounded by the type of diversity we seek to eliminate.

Someday at Christmas man will not fail
Hate will be gone love will prevail

There are those who voted for Brexit under some false notion of British independence, despite clear and present evidence of British inter-dependence. Perhaps no nation has been more inter-dependent on its neighbors and former colonies than the British Isles. Yet this illiberal disease is global. Imagine the rich diversity of the Indian sub-continent, yet look squarely at the Hindu nationalism sweeping India right now (as if the Taj Mahal weren’t a global treasure that just happens to have a few mosques on board). Plus, I’m not the first to point out that the Jesus racists celebrate was Jewish and spent most of his life in what we now call the Arab world. No nativity scene without foreigners!

Maybe not in time for you and me
But someday at Christmastime

‘Someday at Christmas’ was written in 1967 for Stevie Wonder, then a 17-year-old bulwark of Motown. Wonder wasn’t yet writing all his songs, yet he was already introduced as the ‘Profit of Soul’. In 1980, he sang: “Why has there never been a holiday, yeah/Where peace is celebrated,” in a song aimed at getting Reagan to declare Rev. Dr. Martin Luther King Jr.’s birthday a national holiday. Wonder won. Happy MLK day!

Happy_Birthday_Single_7_

Naturally, looking back we have to wonder if one could have predicted the impact Wonder would soon have on American music. He’d dominate pop music once he set out on his own, set his fingers to funk instead of pop, and began to bare his soul.

Someday at Christmas we’ll see a Man
No hungry children, no empty hand
One happy morning people will share
Our world where people care

In the summer of ‘67, Wonder’d released another record, I Was Made to Love Her, featuring plenty of his infamous harmonica solos. ‘Someday at Christmas’ was released four years before the other most infamous Christmas message song, John Lennon’s War Is Over. SMH, I get goose-bumps hearing a kids’ chorus sing melancholically “War is over/If you want it.” Much of the world was at war then, struggling to comprehend the incomprehensible devastation meted out on the tiny southeast Asian nation of Vietnam, from where I pen this piece – a virtuoso clash of titans. It’s not surprising that those two troubadours began their careers in popcorn pop, yet had to leave the genre to deliver their most potent, fiercest messages.

Lennon-war

Motown was decisively a Popular music machine, specifically crafted to appeal to the wider/whiter masses. Motown steered clear away from ‘message’ songs, a real keel in the heal of the likes of Stevie, Marvin Gaye and eventually Michael Jackson. Each of those Motown troubadours has penned plenty of songs of freedom and ecology, and the ethical interdependence between the two. Those guys must be liberals. Ugh!

Stop Protecting the #PervertPrince

In the past six months, I have been reflecting on recent stories that have hit media headlines. Although these topics are extremely important, in my opinion not enough “meaningful” discussion has been had. I’m referring to the sexual exploitation of children – the power imbalance, that powerful men within society have abused and have seeming got away with. I start with Jeffrey Epstein.

Although he was convicted of sexual crimes against children, his conviction is one of deceit. The American justice system let down his victims, disguising the severity of his crimes, allowing him to continue his abuse of power on vulnerable children. He was not charged with paedophilia or rape, the US legal system thought it would be fitting to charge him with solicitation of minors for prostitution.

There are various things that are problematic with this, but one of the biggest problems for me is using minors and prostitution in the same sentence. It annoys me that we tend to view our society as progressive and yet we still label children as prostitutes, forgetting that there is a legal age of consent and no child can be a prostitute as they cannot give consent, as much as the law would suggest. This is reminiscent of the Rotherham sex ring, where police labelled minors as prostitutes, forgetting that they are victims of coercion, exploitation and rape. This ideology quickly moves the emphasis away from the perpetrators of crime while negatively impacting the victim.  It is time that we have compassion for the victims of such awful crimes and move away from labelling and blaming.

It makes my blood boil that people have the audacity to argue that the US legal systems failings can be used as an outlet of blame for the relationship that Epstein, Prince Andrew and President Clinton had.  Lady Colin Campbell stated that if the US legal system had been more transparent Clinton and the shamed Prince would have made better judgements on their friendship with him. She and others have come to this defence of the ‘upper crust,’ using the American justice system failings as a crutch for their wrongdoings.

Although some may agree with her, I must highlight some glaring points that should be raised, before she states such ludicrous statements – such as: Prince Andrew and Bill Clinton’s advisors would have done thorough background checks on Epstein. This would have identified his crimes and his monstrous ways. They would have disclosed the information that was flagged to them and then warned them against forming relationships with the known predator. If these men had any shred of decency, then they would have kept a distance.

My conclusion as to why they did not, is because they feel they are above the law and do not have to conform to the norms that the rest of society subscribes too. It is all about money and status to them, if you are not one of them, you are not human. This notion was visible when Prince Andrew had his very uncomfortable interview with Emily Maitlis. During the interview he never displayed any kind of remorse for the victims. He didn’t even mention them or their harm. He used phrases like Epstein engaged in activity that is unbecoming rather than condemning his actions and showing any kind of emotion. This reaction, or lack of, has only stretched his credibility. He blazingly lied throughout the interview and his actions have made him look like a bumbling pervert. 

Even though Prince Andrew has demonstrated a lack of morality, the biggest discussion that surrounds this entity is whether he should step down from his royal duties. It seems everyone forgets that he has shown a lack of compassion, he has been pictured with young girls who have accused him and Epstein of violating them. But being a prince trumps all these facts, as he is let off lightly.

He is rich and powerful, and like Epstein, their status has sheltered them from real-world consequences. Epstein is now deceased, but it was all on his terms and once again the victimisation of children has been overshadowed by the circumstances of how he died. The salacious topic of how he managed to commit suicide and whether he was murdered is now big news. As for Prince Andrew, I cannot imagine he will be found guilty and he will not speak publicly about this topic again. Some may demand answers, but he will be protected from any real justice.

It is time that we start opening our eyes and acknowledging the victims of these crime. It is time to make it known that just because you are royalty, a billionaire or a socialite you are not above the law. We need to fight for the voiceless in our society, against the people who abuse their power and stop making excuses for them. 

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