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Public confidence in the CJS: ending on a high?
2022 has been a turbulent and challenging year for many. Social inequalities and disadvantage are rife, with those in power repeatedly making bad, inhumane decisions and with very little, to no, accountability or consequences (insert your favourite example from the sh** storm that is the Conservative Party here). Union after Union, across sectors, engage in industrial action in response to poor working conditions and pay, amidst a cost-of-living crisis. And although seemingly unconnected, as the year comes to a close, the Sentencing Guidelines (2022) report on Public Confidence in the Criminal Justice System (CJS) has got me feeling frustrated. My previous blog entries have often been ‘moans’. And whilst January is often dubbed the month of new beginnings and change for the year ahead: we’re not quite there yet so true to form here is my latest moan!
The report exists as one of many conducted by Savanta to collate data on public confidence, in terms of effectiveness and fairness, in the CJS and public awareness of the sentencing guidelines. The data collected in March 2022, was via online surveys given to a “nationally representative sample of 2,165 adults in England and Wales” (Archer et al., 2022, p.9). Some of their highlighted ‘Key Findings’ include that confidence levels in CJS remains relatively stable in comparison to 2018, on the whole, respondents viewed sentences as ‘too lenient’ however this varied based on offence, the existence of the sentencing guidelines improves respondent’s confidence in the fairness of sentencing, and that engagement with broadcast news sources was high across respondents (Archer et al., 2022). It is not the findings, per se, that I take umbrage with, but rather the claim it is a “nationally representative sample of adults in England and Wales” (Archer et al., 2022, p.9).
I take issue on two fronts. The first being that the sample size of 2,165 adult respondents is representative when the demographic factors included are: gender (male and female), age (18-34yo, 35-54yo and 55+), region, ethnicity (White, Mixed, Asian, Black and Other) and socio-economic grade. Now considering we are, thankfully, at the end of 2022 we should all be able to recognise that a sample which only includes cis-gendered options, narrows ethnicity down to 4 categories and the charming ‘other’, and does not include disabilities is problematic. There has been a large body of research done on people with disabilities and their experiences within the CJS, the lack of representation, the lack of accessibility to space and decisions, potentially impacting a defendant’s right to a fair trial, and a victim’s right to justice (Equality and Human Rights Commission, 2021; Hyun et al., 2013 ). So I ask, is this not something which needs considering when looking at public confidence in the CJS of a “nationally representative” sample?
In addition to this, I take issue with the requirement that the sample be “nationally representative”. We have research piece upon research piece about how Black men and Black boys experience the CJS and its various agencies disproportionately to their white counterparts (Lammy, 2017; Monteith et al., 2022; Parmar, 2012). Their experiences of stop and search, sentencing, bail, access to programmes within the Secure and Youth estate. There is nothing representative about our CJS in terms of who it processes, how this is done, and by whom. According to Monteith et al., (2022) 1% of Judges in the CJS are Black, and there are NO Black judges on the High Court, Court of Appeal of Supreme Court: this is not representative! Why then, are we concerned with a representative sample when looking at public confidence in CJS and the sentencing guidelines, when it is not experienced in a proportionate manner?
Maybe I’ve missed the point?
The report is clear, accessible, visible to the public: crucial concepts when thinking about justice, and measuring public confidence in the CJS is fraught with difficulties (Bradford and Myhill, 2015; Kautt and Tankebe, 2011). But this just feels like another nail being thumped into the coffin that is 2022. Might be the eagerness I possess to leave 2022 behind, or the impeding dread for the year to follow but the report has angered me rather than reassured me. As a criminologist, I am hopeful for a more inclusive, representative, fair and accountable CJS, but I am not sure how this will be achieved if we do not accept that the system disproportionately impacts (but not exclusively) Black men, women and children. Think it might be time for another mince pie…
Happy New Year to you all!
References:
Archer, N., Butler, M., Avukatu, G. and Williams, E. (2022) Public Knowledge of Confidence in the Criminal Justice System and Sentencing: 2022 Research. London: Sentencing Council.
Bradford, B. and Myhill, A. (2015) Triggers of change to public confidence in the police and criminal justice system: Findings from the crime survey for England and Wales panel experiment, Criminology and Criminal Justice, 15(1), pp.23-43.
Equality and Human Rights Commission (2021) Does the criminal justice system treat disabled people fairly? [Online] Available at: https://www.equalityhumanrights.com/en/inquiries-and-investigations/does-criminal-justice-system-treat-disabled-people-fairly [ Accessed 4th November 2021].
Hyun, E., Hahn, L. and McConnell, D. (2013) Experiences of people with learning disabilities in the criminal justice system, British Journal of Learning Disabilities, 42: 308-314.
Kautt, P. and Tankebe, J. (2011) Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects, International Criminal Justice Review, 21(2),pp. 93-117.
The Lammy Review (2017) The Lammy Review: An independent review into the treatment of, and outcomes for, Black Asian and Minority Ethnic Individuals in the Criminal Justice System, [online] Available at: https://assets.publishing.service.gov.uk/goverment/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report-pdf [Last Accessed 14th February 2021].
Monteith, K., Quinn, E., Dennis, A., Joseph-Sailsbury, R., Kane, E., Addo, F. and McGourlay, C. (2022) Racial Bias and the Bench: A Response to the Judicial Diversity and Inclusion Strategy (2020-2025), [online] Available at: https://documents.manchester.ac.uk/display.aspax?DOCID=64125 [Accessed 4th November 2022].
Parmar, A. (2012) Racism and ethnicity in the criminal justice process, in: Hucklesby, A. and Wahidin, A. (eds.) Criminal Justice, 2nd ed, Oxford: Oxford University Press, pp.267-296.
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‘By order of the Peaky Blinders’: GRT History Matters
Once Gypsy Roma and Traveller (GRT) history month commences Gypsy and Traveller histories are largely ignored. This is on par with the the erasure of GRT history and contemporary culture within mainstream Britain. Given this, I was surprised that the very popular Peaky Blinders starred Birmingham based main characters and their families who appear to be Brummies, of Romany, Gypsy and Irish Traveller heritage.
In many ways representation within Peaky Blinders is problematic, it is typical that once GRT people appear as main characters their lifestyles are associated with gangs, sex and violence. But there are a lot of positives, the episodes are filled with fabulous costumes, interesting characters, plots, settings and music. There is certainly a lot of pride that comes with the representation of Birmingham based lives of mixed heritage Gypsy and Traveller families on screen.
Peaky Blinders is set in a time era which is just after WWI and appears to end in the 1930s. Whilst the series is fictional, there are many parallels that can be drawn between the lives of the fictional main character Tommy Shelby and his family and the real-life lived histories of Gypsy and Traveller people.
Peaky Blinders does well to de-mythisise the assumption that Gypsy and Traveller people do not mix with gorgers and do not participate within mainstream society. To illustrate, Tommy and his brother’s fought in WWI and experienced the damaging aftereffects of war participation. In reality, despite previously being subjected to British colonial practices and being treated with distain by the State many British Gypsy and Traveller people would have had no choice but to fight in this war due to conscription. Many would have lost their lives because of this.
Note that Tommy’s family mostly lived within housing and were working within mainstream industrial society. In reality, in industrial cities like Birmimgham many nomadic Gypsy and Traveller lifestyles would have been under threat due to land purchases made by gorgers for the purpose of building factories and housing (Green, 2009). Upon purchase of this land nomadic groups would be evicted from it, this would have left many homeless, with the increased the pressure to assimilate. This would result in work life changes, hence, Gypsy and Traveller people worked alongside gorgers in factories, where the pay and conditions would have been poor (Green, 2009).
Just like prejudice in reality, even when living within housing Tommy and his family experience prejudice from within and outside of their own community. Tommy is referred to as a ‘dirty didicoi’ seemingly due to the perception of his mixed heritage and not being of ‘full-blooded’ Gypsy stock. In response to an anti-gypsy slur Tommy mocks stereotypes by stating that as well as his day job he ‘also sells pegs and tells fortunes’.
Towards the end of Peaky Blinders the promotion of fascism by elite figures is central to the storyline. Just as in reality, there was the development of the British Union of Fascists political party. Prejudice and fascist ideas contributed to categorising Gypsys as an inferior race. Whilst Peaky Blinders ends before WWII it is harrowing to know that these ideas influenced the extermination of Roma and Gypsies during the Nazi regime. Many British Gypsy and Traveller soldiers lives would have also been lost in fighting the Nazi’s in WWII due to this.
It is unfortunate that the women have less screen time in Peaky Blinders, but their personalities did shine. Ada’s character and response to prejudice is ace, whether this is responding to street hecklers, an elite eugenicist women’s ethnic cleansing ideas, or her son’s prejudice towards his sister. When her son refers to his sister as a ‘thing’ and states that she would ‘get them killed’ as she was a Black-mixed race child she responds by stating, ‘where will they send you Karl?’ whilst making him aware that he could also be subjected to persecution due to having a Jewish father and a Gypsy mother.
This year marks the end of Peaky Blinder’s episodes, the last episode is great. Tommy returns to his roots – choosing to end his days with his horse, wagon and photographs of his family. But he then wins against all the odds! Unfortunately, whilst Peaky Blinders has been celebrated there is less celebration of Gypsy and Traveller ethnicities, these were completely ignored within the documentary The Real Peaky Blinders.
Through whitewashing Gypsy and Traveller peoples histories are frequently denied. To adapt David Olusoga’s words, ‘[Gypsy and Traveller] history is British history’. An awareness of Roma Gypsy and Traveller history should not only reside with Gypsies and Travellers alone, or exist at the margins, as these are connected to all of us. As Taylor and Hinks (2021) indicate, if there is increased awareness that past and present themes of percecution this might enable increased support for Gypsy, Roma and Traveller rights – this is vital.
References:
Olusoga, D. (2016) Black and British: A forgotten History, BBC [online].
Taylor, B. and Hinks, J., (2021). What field? Where? Bringing Gypsy, Roma and Traveller History into View. Cultural and social history, 18(5), pp.629–650.
Thoughts from the criminology team 
