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The demise of the punitive state – you can’t have your cake and eat it
The sentences passed down to three teenagers for serious sexual offences and the subsequent furore over the perceived leniency hit the headlines recently. I think I should add right now this blog is not intended to pass judgement, pardon the pun, on the sentencing, lenient or not, nor is it intended to convey my feelings on that particular case. We are after all only provided with information by the press, who quite frankly have a field day when they think there’s a story to be had. My take on the political machinations and other commentary is that it is premature and for the most part self-serving. There is a judicial process and that should have ben allowed to take place before everyone jumped on the bandwagon of indignation and finger pointing.
I think I probably digressed a little. The purpose of the blog is merely to point out that there are a number of issues within the criminal justice system that we as a society, have never managed to resolve. Politicians kick the criminal justice football around dependent on the fickleness of the public whilst at the same time trying to manage an administrative and financial burden. The prison estate costs money, punitive attitudes towards offending is costly when it leads to custodial sentences. Given the public finances, there is a sound argument to utilise non-custodial sentences as much as possible. There is an abundance of academic literature that points to the fact that prison does not work (include in that youth custody). There is an abundance of literature that suggests that criminalising young people severely diminishes their chances in life and leads to reoffending. So many criminologists will point to the futility of prisons and even advocate complete abolition. Given the recent prison over crowding crisis, it is little wonder that the Justice Secretary called for a reduction in custodial sentences. Nothing new there though, they do that these politicians from time to time, dependent on the crisis and the public mood. Whipped up by the media of course. The whole system is in chaos and that chaos impacts real people, defendants, offenders, victims and a myriad of other people, rarely considered. What of family, friends and those people involved in the cases in one way or another.
What is the purpose of the criminal justice system? If the purpose is justice, what is justice and can it really be achieved? Does justice consider the impact of the crime on the victim or on the offender or both? Should what happens to the offender really matter or matter more than the victim’s feelings? I wonder how many decisions are made, not on the basis of what is right, but on what is viewed as administratively convenient and affordable. How does the system satisfy the victim and the public and at the same time give offenders the best opportunity to turn their lives around? Why have prisons? Is the purpose punishment, retribution, rehabilitation, deterrence, public protection or something else? To be honest, I don’t think we really know. If you are a victim of crime, then you may have a particular view in the aftermath of the crime. That view may or may not change over time. You might suggest it all depends on the crime, but then what crime is more important, more serious, more deserving of attention? We ask our judiciary, to make judgements about this, often with their hands tied by political motive and public opinion. Go one way, and you’ll have the abolitionists, anti-custodial mob lamenting the rise in the prison population, the punitive society and penal politics. Go the other way and the mob will be baying for your blood, life should mean life, not 12 years, hard labour, throw away the key, bring back capital punishment.
I don’t know the answer, but I don’t suppose that anyone will be opposing a custodial sentence for the teenage boys. No one will be brave enough to put their head above the parapet. There are too many interested parties ready to take a pot shot and public opinion, whatever that is, will be brought to bear. What was it John Stewart Mill said, ‘Beware the tyranny of the majority’. I know one thing; you can’t on the one hand be in the abolitionist camp and then on the other call for a review of the sentences meted out because you find the crime committed so appalling. I really don’t think you can have your cake and eat it.
Just for the record, given the nature of the offence, I really don’t think the key should ever be found.
Images
L-R HMP Wormwood Scrubs and a delightful cake
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Reform: The New Opposition, or an Uncomfortable Hiccup in British Politics
British politics is particularly interesting at the moment, as no one is really sure if we are witnesses to a radical change or if Reform will fizzle out and be a distant memory within 10 years or so (here’s hoping). I’m here to bounce some ideas around, think about the current political climate and just put out some comments about what’s going on. I’m hoping to keep at least light, and possibly short.
It’s structured as starting off with some points that are to Reform’s advantage, including the national political climate. It continues to some things working against Reform, including its sustainability. Considering how Reform has managed to gain such support is kind of weaved into the middle and briefly mentioned at the end.
The Political Climate: Inside the UK
Populism is on the rise, restriction of human rights is increasing and people seem to be getting angrier and more frustrated about politics. On a national level, there is a plethora of individuals who are disillusioned with modern day politics and seeking simple answers to big issues quickly and, unfortunately, right wing populism fills this gap perfectly.
Immigration problems? Ban them and deport them.
Crime problems? Give longer and harsher sentences.
Have a problem with the elite? Let Nigel speak up for the British People and let common sense prevail.
They’re easily digestible, easily understandable solutions to big societal issues and that definitely appeals to people.
We can easily dismiss supporters of any right wing populist party as incorrect, immoral and uneducated. But it is really not as simple as that. When an attractive left wing party is not there to foster a society which is genuinely has the interests of the working class at it’s heart, we open the door for right wing populism to scoop up the working class electorate. Indeed, we can’t totally blame the current ‘Labour’ government for the increase in Reform UK voters, as we can see trends of right wing populism globally, but we can definitely think about whether these UK voters would have gone to Reform UK if Labour was offering a better solution. A solution which had working class people front and centre, providing meaningful change such as education reform, anti-poverty initiatives, workers rights focuses, renationalisation policies and council house stock rebuilding. What we are possibly seeing here are voters with no party to call home, frustrated and without answers, so they seek these things in easily digestible populist parties.
Sustainability: Party Identity and Hypocrisy
Perhaps Reform UK’s biggest stumbling block, in my opinion, is its internal contradictions and its lack of preestablished identity as a party.
The internal contradictions are simple and obvious. Reform UK prides itself on being anti- elitist and anti-establishment but the party is lead by a millionaire bankrolled by aristocrats with a private education. Right wing populist parties are simply an extension of the elite and the establishment; an obvious conclusion if you dig even slightly under the surface. Surely this hypocrisy will be called out soon and listened to?
A slightly more long winded pitfall in the Reform Party (among many others) is its lack of party identity. Labour and even the Tories can rely at least slightly on their voters who vote for them because they always have, because of nostalgia for what the party used to be, because they’re a traditional party. Reform don’t have this. And not only this, but they don’t really have any developed policies; the Conservatives have the idea of low taxes, competitive markets, low regulation. Traditional Labour have higher taxes, redistribution of wealth, working class empowerment, nationalisation. and Reform have…? Immigration freezes, law and order and ‘taking the country back’. I’m not sure if their party identity and policies will keep their momentum moving to the next general election.
However, I do think that if they are able to maintain their momentum and get to the election they may go far, and may possibly overtake the Tories. But I think it rests on two things 1) momentum going into the next election and 2) No proper left wing alternatives emerging between now and then. Unfortunately I think number two is already certain.
The title of this blog, is a sort of tongue in cheek title. I do understand how dire this could be should Reform become positioned as the official opposition. For many people around the UK the effects of pandering to right wing populist racist rhetoric has already been experienced, and it will only get worse if Reform continue to gain popularity. Remember to vote, be politically engaged and speak up, we as young people have a huge role to play as our turn out is generally so low.
Images from https://www.reformparty.uk/ and https://tribunemag.co.uk/2024/07/the-anti-elite-elites-reform-far-right
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ASUU vs The Federal Government
It will be 8 months in October since University Lecturers in Nigeria have embarked on a nationwide strike without adequate intervention from the government. It is quite shocking that a government will sit in power and cease to reasonably address a serious dispute such as this at such a crucial time in the country.
As we have seen over the years, strike actions in Nigerian Universities constitute an age-long problem and its recurring nature unmasks, quite simply, how the political class has refused to prioritise the knowledge-based economy.
In February 2022, the Academic Staff Union of Universities (ASUU) leadership
(which is the national union body that represents Nigerian University Lecturers during disputes) issued a 4-week warning strike to the Nigerian government due to issues of funding of the public Universities. Currently, the striking University Lecturers are accusing the government of failing to revitalise the dilapidated state of Nigerian Universities, they claim that the government has refused to implement an accountability system called UTAS and that representatives of the government have continued to backtrack on their agreement to adequately fund the Universities.
The government on the other hand is claiming that they have tried their best in negotiating with the striking lecturers – but that the lecturers are simply being unnecessarily difficult. Since 2017, several committees have been established to scrutinize the demands and negotiate with ASUU, but the inability of these committees to resolve these issues has led to this 8-month-long closure of Nigerian Universities. While this strike has generated multiple reactions from different quarters, the question to be asked is – who is to be blamed? Should the striking lecturers be blamed for demanding a viable environment for the students or should we be blaming the government for the failure of efforts to resolve this national embarrassment?
Of course, we can all understand that one of the reasons why the political class is often slow to react to these strike actions is because their children and families do not attend these schools. You either find them in private Universities in Nigeria or Universities abroad – just the same way they end up traveling abroad for medical check-ups. In fact, the problems being faced in the educational sector are quite similar to those found within the Nigerian health sector – where many doctors are already emigrating from the country to countries that appreciate the importance of medical practitioners and practice. So, what we find invariably is a situation where the children of the rich continue to enjoy uninterrupted education, while the children of the underprivileged end up spending 7 years on a full-time 4-year program, due to the failure of efforts to preserve the educational standards of Nigerian institutions.
In times like these, I remember the popular saying that when two elephants fight, it’s the grass that suffers. The elephants in this context are both the federal government and the striking lecturers, while those suffering the consequences of the power contest are the students. The striking lecturers have not been paid their salaries for more than 5 months, and they are refusing to back down. On the other hand, the government seems to be suggesting that when they are “tired”, they will call off the strike. I am not sure that strike actions of the UK UCU will last this long before some sort of agreement would have been arranged. Again, my heart goes out to the Nigerian students during these hard times – because it is just unimaginable what they will be going through during these moments of idleness. And we must never forget that if care is not taken, the idle hand will eventually become the devil’s workshop!
Having said this, Nigerian Universities must learn from this event and adopt approaches through which they can generate their income. I am not inferring that they do not, but they just need to do more. This could be through ensuring large-scale investment programs, testing local/peculiar practices at the international level, tapping into research grant schemes, remodeling the system of tuition fees, and demonstrating a stronger presence within the African markets. As a general principle, any institution that wishes to reap the dividends of the knowledge-based economy must ensure that self-generated revenues should be higher than the government’s grants – and not the other way. So, Universities in Nigeria must strive to be autonomous in their engagements and their organisational structure – while maintaining an apolitical stance at all times.
While I agree that all of these can be difficult to achieve (considering the socio-political dynamics of Nigeria), Universities must remember that the continuous dependence on the government for funds will only continue to subject them to such embarrassments rather than being seen as respected intellectuals in the society. Again, Nigerian Universities need a total disruption; there is a need for a total overhaul of the system and a complete reform of the organisational structure and policies.
Thoughts from the criminology team 