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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

“TW3” in Criminology

In the 1960s, or so I am told, there was a very popular weekly television programme called That Was The Week That Was, informally known as TW3. This satirical programme reflected on events of the week that had just gone, through commentary, comedy and music. Although the programme ended before I was born, it’s always struck me as a nice way to end the week and I plan to (very loosely) follow that idea here.

This week was particularly hectic in Criminology, here are just some of the highlights. On Monday, I was interviewed by a college student for their journalism project, a rather surreal experience, after all, ‘Who cares what I think?

On Tuesday, @manosdaskalou and I, together with a group of enthusiastic third years, visited the Supreme Court in London. This trip enabled a discussion which sought to unpack the issue of diversity (or rather the lack of) within justice. Students and staff discussed a variety of ideas to work out why so many white men are at the heart of justice decisions. A difficult challenge at the best of times but given a new and urgent impetus when sat in a courtroom. It is difficult, if not impossible, to remain objective and impartial when confronted with the evidence of 12 Supreme Judges, only two of which are women, and all are white. Arguments around the supposed representativeness of justice, falter when the evidence is so very stark. Furthermore, with the educational information provided by our tour guide, it becomes obvious that there are many barriers for those who are neither white nor male to make their way through the legal ranks.

Wednesday saw the culmination of Beyond Justice, a module focused on social justice and taught entirely in prison. As in previous years, we have a small ceremony with certificate presentation for all students. This involves quite a cast, including various dignitaries, as well as all the students and their friends and family. This is always a bittersweet event, part celebration, part goodbye. Over the months, the prison classroom leaves its oppressive carceral environment behind, instead providing an intense and profound tight-knit learning community. No doubt @manosdaskalou and I will return to the prison, but that tight-knit community has now dissipated in time and space.

On Thursday, a similarly bitter-sweet experience was my last focused session this year on CRI3003 Violence: From Domestic to Institutional. Since October, the class has discussed many different topics relating to institutional violence focused on different cases including the deaths of Victoria Climbié, Blair Peach, Jean Charles de Menezes, as well as the horror of Grenfell. We have welcomed guest speakers from social work, policing and the fire service. Discussions have been mature, informed and extremely sensitive and again a real sense of a learning community has ensued. It’s also been my first experience of teaching an all-female cohort which has informed the discussion in a variety of meaningful ways. Although I haven’t abandoned the class, colleagues @manosdaskalou and @jesjames50 will take the reins for a while and focus on exploring interpersonal violence. I’ll be back before the end of the academic year so we can reflect together on our understanding of the complexity of violence.

Finally, Friday saw the second ever #BigCriminologyQuiz and the first of the new decade. At the end of the first one, the participants requested that the next one be based on criminology and music. Challenge completed with help from @manosdaskalou, @treventoursu, @svr2727, @5teveh and @jesjames50. This week’s teams have requested a film/tv theme for the next quiz so we’ll definitely have our work cut out! But it’s amazing to see how much criminological knowledge can be shared, even when you’re eating snacks and laughing. [i]


So, what can I take from my criminological week:

  1. Some of the best criminological discussions happen when people are relaxed
  2. Getting out of the classroom enables and empowers different voices to be heard
  3. Getting out of the classroom allows people to focus on each and share their knowledge, recognising that
  4. A classroom is not four walls within a university, but can be anywhere (a coach, a courtroom a prison, or even the pub!)
  5. A new environment and a new experience opens the way for discord and dissent, always a necessity for profound discussion within Criminology
  6. When you open your eyes and your mind you start to see the world very differently
  7. It is possible (if you try very hard) to ignore the reality of Friday 31 January 23:00
  8. It is possible to be an academic, tour guide, mistress of ceremonies and quiz mistress, all in the same week!

Here’s looking forward to next week….not least Thursday’s Changemaker Awards where I seem to have scored a nomination with my #PartnerinCriminology @manosdaskalou.

[i] The first quiz was won by a team made up of 1st and 2nd years. This week’s quiz was won by a group of third years. The next promises to be a battle royale 😊 These quizzes have exposed, just how competitive criminologists can be….


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