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Stop strip searching children!
The Metropolitan Police are under constant criticism, more than any other police force, for at least as long as I have been a criminologist. Their latest scandal began with the case of Child Q, a 15 year old girl who was strip searched in school while she was menstruating after being suspected of carrying cannabis. No drugs were found and Child Q was extremely traumatised, resulting in self-harm and a suicide attempt. Tré Ventour recently wrote a blog about Child Q, race and policing in education here but following this week’s Children’s Commissioner report, there’s so much more to discuss.
The report focussed on the Metropolitan Police who strip searched 650 children in 2 years, many (23%) of whom were searched without the presence of an appropriate adult and as we criminologists would expect, the children were disproportionately Black boys. These findings were not surprising or shocking to me, and I also know that the Metropolitan Police force are not just one bad apple in this respect. The brutal search of Child Q occurred in 2020 but incidences such as these have been happening for years.
A teenage boy aged 17 was subject to an intimate search in 2019 where the police breached a number of clauses of PACE, ultimately resulting in the boy receiving an apology and £10,000 damages for the distress caused by the unlawful actions. These actions started with basic information being withheld such as the police officer failing to identify himself and informing the boy of his rights and ended with the strip search being undertaken without an appropriate adult present, in the presence of multiple officers, without authorisation from a senior officer and with no justification for the search recorded in the officer’s pocket book. Now I understand that things may be forgotten in the moment when a police officer is dealing with a suspect but the accumulation of breaches indicates a more serious problem and a disregard to the rights of suspects in general but children more specifically.
These two cases are the cases of children who were suspected of carrying cannabis, an offence likely to be dealt with via a warning or on the spot fine. Hardly the crime of the century warranting the traumatising strip searching of children. And besides, we criminologists know that the war on drugs is a failed project. Is it about time we submit and decriminalise cannabis, save police time and suspect trauma?
What happens next is a slightly different story. Strip searching in custody is different because as well as searching for contraband, it can also be justified as a protective measure where there is a risk of self-harm or suicide. Strip searching of children by the police has risen in a climate of fear surrounding deaths in custody, and it has been reported that there could be an overuse of the practice as a result of this. When I read the report, I recalled the many conversations I have had over the years with my friend Rosie Flatman who is a practitioner who specialises in working with victims of Child Sexual Exploitation (CSE) and other forms of abuse. Rosie has worked with many girls who have been subject to strip searches when in custody. She told me how girls would often perceive the search as punishment for being what the police believed was disruptive. That is not to say that the police were using strip searches as punishment, but that is how girls would experience it.
Girls in custody are often particularly vulnerable. Like Rosie’s clients, many are victims and have a number of compounding vulnerabilities such as mental ill health or they may be looked after children. Perhaps then, we need to look at alternatives to strip searching but also custody for children, particularly for those who have suffered trauma. Rosie, who has delivered training to various agencies, suggests only undertaking strip searches where absolutely necessary and even then, using a trauma informed approach. She argues that even the way the procedure and justification is explained can make a big difference to the amount of harm caused to vulnerable children in police custody.
Rule makers, rule breakers and the rest of us
There are plenty of theories about why rules are broken, arguments about who make the rules and about how we deal with rule breakers. We can discuss victimology and penology, navigating our way around these, decrying how victims and offenders are poorly treated within our criminal justice systems. We think about social justice, but it seems ignore the injustice perpetrated by some because we can somehow find an excuse for their rule breaking or point out some good deed somewhere along the line. And we lament at how some get away with rule breaking because of their status or power. But what is to be done about people that break the rules and in doing so cause or may cause considerable harm to others; to the rest of us?
Recently, Greece imposed a new penalty system upon those over 60 that are not vaccinated against Covid. Pensioners who have had real reductions in their pensions are now to be hit with a fine, a rolling fine at that, if they do not get vaccinated. This is against a backdrop of poor vaccination rates which seem to have improved significantly since the announcement of what many see as draconian measures by a right-wing government. There are those that argue that vaccination ought to be a choice, and this has been brought into focus by the requirements for health workers and those in the care profession to be vaccinated in this country. And we’ve heard arguments from industry against vaccination passports which would allow people to get into large venues and a consistent drip-drip effect of how damaging the covid rules are to the leisure industry and aviation, as well as the young people in society.
So, would it have been far more acceptable to have no rules at all around Covid? Should we have simply carried on and hoped that eventually herd immunity would kick in? Let’s not forget of course that the health service would have been so overwhelmed that many people will have died from illnesses other than Covid (they undoubtedly have to some extent anyway). The fittest will have survived and of course, the richest or most resourceful. Businesses will have been on their knees as workers failed to turn up for work, either because they were too ill or have moved on from this life and few customers will have thought about quaffing pints, clubbing, or venturing off to some faraway sunny place (not that they’d be particularly welcome there coming from plague island). It would have felt more like some Darwinian evolutionary experiment than civilised society.
It seems that making some rules for the good of society is necessary. Of course, there will be those that break the rules and as a society, we struggle to determine what is to be done with them. Fines are too harsh, inappropriate, draconian. Being caring, educating, works for some but let’s be honest, there are those that will break the rules regardless. Whilst we can argue about what should be done with those that break the rules, about the impact they have on society, about victims and crimes, perhaps the most pressing argument is about equality of justice. The rest of us, those that didn’t break the rules, might question how draconian the rules were (are) and we might question the punishments meted out to those that broke the rules. But what really hurts, where we really feel hard done by, let down, angry is to see that those that made the rules, broke the rules and for them we don’t get to consider whether the punishment is draconian or too soft. There are no consequences for the rule makers even when they are rule breakers. It seems a lamentable fact that we have a system of governance, be that situated in politics or business, that advocates a ‘do as I say’ rather than ‘do as I do’ mentality. The moral compass of those in power seems to be seriously misaligned. As the MP David Davis calls for the resignation of Boris Johnson and says that he has to go, he should look around and he might realise, they all need to go. This is not a case of one rotten apple, the whole crop is off, and it stinks to high heaven.
Prison education: why it matters?
Five year ago, Dame Sally Coates released an independent report on prison education. Recently the Chief Inspector for Ofsted, Amanda Spielman and The HM Inspectorate of Prisons, Charlie Taylor, made a joint statement reflecting on that report. Their reflections are critical on the lack of implementation of the original report, but also of the difficulties of managing education in prison especially at a time of a global pandemic. The lack of developing meaningful educational provision and delivering remote teaching led to many prisoners without sufficient opportunity to engage with learning.
In a situation of crisis such as the global pandemic one must wonder if this is an issue that can be left to one side for now, to be reviewed at a later stage. At the University of Northampton, as an educational institution we are passionate about learning opportunities for all including those incarcerated. We have already developed an educational partnership with a local prison, and we are committed to offer Higher Education to prisoners. Apart from the educational, I would add that there is a profound criminological approach to this issue. Firstly, I would like to separate what Dame Coates refers to as education, which is focused on the basic skills and training as opposed to a university’s mandate for education designed to explore more advanced ideas.
The main point to both however is the necessity for education for those incarcerated and why it should be offered or not. In everyday conversations, people accept that “bad” people go to prison. They have done something so horrible that it has crossed the custody threshold and therefore, society sends them to jail. This is not a simple game of Monopoly, but an entire criminal justice process that explores evidence and decides to take away their freedom. This is the highest punishment our society can bestow on a person found guilty of serious crimes. For many people this is appropriate and the punishment a fitting end to criminality. In criminology however we recognise that criminality is socially constructed and those who end up in prisons may be only but a specific section of those deemed “deviant” in our society. The combination of wrongdoing and socioeconomic situations dictate if a person is more or less likely to go to prison. This indicates that prison is not a punishment for all bad people, but some. Dame Coates for example recognises the overrepresentation of particular ethnic minorities in the prison system.
This raises the first criminological issue regarding education, and it relates to fairness and access to education. We sometimes tend to forget that education is not a privilege but a fundamental human right. Sometimes people forget that we live in a society that requires a level of educational sophistication that people with below basic levels of literacy and numeracy will struggle. From online applications to job hunting or even banking, the internet has become an environment that has no place for the illiterate. Consider those who have been in prison since the late 1990s and were released in the late 2010s. People who entered the prison before the advancement of e-commerce and smart phones suddenly released to a world that feels like it is out of a sci-fi movie.
The second criminological issue is to give all people, regardless of their crimes, the opportunity to change. The opportunity of people to change, is always incumbent on their ability to change which in turn is dependent on their circumstances. Education, among other things, requires the commitment of the learner to engage with the learning process. For those in prison, education can offer an opportunity to gain some insight that their environment or personal circumstances have denied them.
The final criminological issue is the prison itself. What do we want people to do in them? If prison is to become a human storage facility, then it will do nothing more than to pause a person’s life until they are to be released. When they come out the process of decarceration is long and difficult. People struggle to cope and the return to prison becomes a process known as “revolving doors”. This prison system helps no one and does nothing to resolve criminality. A prison that attempts to help the prisoners by offering them the tools to learn, helps with the process of deinstitutionalisation. The prisoner is informed and aware of the society they are to re-join and prepares accordingly. This is something that should work in theory, but we are nowhere there yet. If anything, it is far from it, as read in Spielman and Taylor’s recent commentary. Their observations identify poor quality education that is delivered in unacceptable conditions. This is the crux of the matter, the institution is not really delivering what it claims that is does. The side-effect of such as approach is the missed opportunity to use the institution as a place of reform and change.
Of course, in criminological discourse the focus is on an abolitionist agenda that sees beyond the institution to a society less punitive that offers opportunities to all its citizens without discrimination or prejudice. This is perhaps a different topic of conversation. At this stage, one thing is for sure; education may not rehabilitate but it can allow people to self-improve and that is a process that needs to be embraced.
Coates, S. (2016), Unlocking Potential: A review of education in prisons, https://www.gov.uk/government/publications/unlocking-potential-a-review-of-education-in-prison
Spielman, A. and Taylor, C. (2021), Launching our Prison Education Review, https://www.gov.uk/government/speeches/launching-our-prison-education-review
Originally published here
Within Grey Walls
“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment! Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”
Everyone has the right to life, liberty and security of person (1).
Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.
However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?
The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).
Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).
According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6).
This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.
However, what is it actually like being on death row?
June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.
He has shared some of his thoughts of what it is like to be on death row:
“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.
Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.
Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever!
(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/ Accessed on 21/01/2020
(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons Accessed on 24/03/2020
(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/ Accessed on 24/03/2020
(4) Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim
(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’ Available online at: https://www.snopes.com/fact-check/george-stinney-execution-exoneration/ Accessed on 24/03/2020
Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp
Human Writes: https://www.humanwrites.org
Terrorised into compliance
Learning and teaching is a complex business, difficult to describe even by those in the process of either/or both. Pedagogy, as defined by Lexico is ‘[t]he method and practice of teaching, especially as an academic subject or theoretical concept’. It underpins all teaching activity and despite the seemingly straightforward definition, is a complex business. At university, there are a variety of pedagogies both across and within disciplines. How to teach, is as much of a hot topic, as what to teach and the methods and practices are varied.
So how would you feel if I said I wanted Criminology students to quake in their boots at the prospect of missing classes? Or “literally feel terror” at the thought of failing to do their reading or not submitting an assessment? Would you see this as a positive attempt to motivate an eager learner? A reaction to getting the best out of lazy or recalcitrant students? A way of instilling discipline, keeping them on the straight and narrow on the road to achieving success? After all, if the grades are good then everything must be okay? Furthermore, given many Criminology graduate go on to careers within Foucault’s ‘disciplinary society’ maybe it would be useful to give them a taste of what’s to come for the people they deal with (1977: 209).
Hopefully, you are aghast that I would even consider such an approach (I promise, I’m definitely not) and you’ve already thought of strong, considered arguments as to why this would be a very bad idea Yet, last week the new Home Secretary, Pritti Patel stated that she wanted people to “literally feel terror” at the prospect of becoming involved in crime. Although presented as a novel policy, many will recognise this approach as firmly rooted in ideas from the Classical School of Criminology. Based on the concepts of certainty, celerity and severity, these ideas sought to move away from barbaric notions and practices to a more sophisticated understanding of crime and punishment.
Deterrence (at the heart of Classical School thought) can be general or specific; focused on society or individuals. Patel appears to be directing her focus on the latter, suggesting that feelings of “terror” will deter individuals from committing crime. Certainly, one of the classical school’s primary texts, On Crime and Punishment addresses this issue:
‘What is the political intention of punishments? To terrify, and to be an example to others. Is this intention answered, by thus privately torturing the guilty and the innocent?’(Beccaria, 1778: 64)
So, let’s think through this idea of terrorising people away from crime, could it work? As I’ve argued before if your crime is a matter of conscience it is highly unlikely to work (think Conscientious Objectors, Suffragettes, some terrorists). If it is a crime of necessity, stealing to feed yourself or your family, it is also unlikely to succeed, certainly the choice between starvation and crime is terrifying already. What about children testing boundaries with peers, can they really think through all the consequences of actions, research suggests that may not be case (Rutherford, 1986/2002). Other scenarios could include those under the influence of alcohol/drugs and mental health illnesses, both of which may have an impact on individual ability to think through problems and solutions. All in all, it seems not everyone can be deterred and furthermore, not all crimes are deterrable (Jacobs, 2010). So much for the Home Secretary’s grand solution to crime.
As Drillminister demonstrates to powerful effect, violent language is contextual (see @sineqd‘s discussion here). Whilst threats to kill are perceived as violence when uttered by young, black men in hoods, in the mouths of politicians they apparently lose their viciousness. What should we then make of Pritti Patel’s threats to make citizens “literally feel terror”?
Beccaria, Cesare, (1778), An Essay on Crimes and Punishments, (Edinburgh: Alexander Donaldson), [online]. Available from: https://archive.org/details/essayoncrimespu00Becc/page/n3
Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)
Jacobs, Bruce A., (2010), ‘Deterrence and Deterrability’, Criminology, 48, 2: 417-441
Rutherford, Andrew, (1986/2002), Growing Out of Crime: The New Era, (Winchester: Waterside Press)