Thoughts from the criminology team

The not so beautiful game?

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Dr Stephen O’Brien is the Dean for the Faculty of Health and Society at the University of Northampton

The country is in the middle of “World Cup Fever”. At the time of writing, England play Sweden in a quarter final match tomorrow that if successful would see them through to a World Cup semi-final for the first time since Italia 90. We all know what happened next; the so called Gazza semi-final ending in tears. There is a large caveat though to this current wave of football fever. I suspect my friends north of the border are not sharing this fever in the way people are in England given the historic rivalry associated with one of the oldest international contests on a football pitch.  That set aside, which is difficult when one is married to a Scot, as a dedicated football supporter the World Cup in Russia has, thus far, been a roaring success. It is probably the best tournament that I can remember watching for all sorts of reasons. Established football nations with a pedigree such as Holland and Italy failed to qualify and the so called “lesser” nations have been punching above their football weight in knocking out pre-tournament favourites Germany and Argentina. It is according to the vast majority of media reports a fantastic spectacle. Everyone seems to have forgotten the political disquiet about awarding the tournament to Russia in the first place with on-going concerns about their recent sporting track record and their place generally on the world’s political stage. I suspect even in Ukraine we are all entranced by the festival unfolding before our very eyes on our television screens each day. Football at Russia 2018 is indeed the beautiful game.

Scratch the surface however and things are perhaps not so beautiful. Any quick google search of the terms football and crime will yield a plethora of news stories, documentaries and other media. The major headline is always hooliganism which has dogged football for years. At its height in the UK in the 1970s  the establishment response to this was robust with reference to legislative change, new criminal offences and the re-construction of football grounds to be hooligan proof. Hillsborough changed all that. Not immediately because the hooligan narrative was pervasive throughout the initial reporting, police response, subsequent enquiries and reports. A future blog will explore Hillsborough and the fall out in much more detail. For now let’s return to the World Cup. The hooligan narrative was certainly played out in the run up to the tournament with media reports of the dangers posed by staging it in Russia. By and large this has not materialised, but it must be clear that hooliganism and violence are never far away when passions run high but let’s hope it stays away. The other term which crops up in the google search is corruption and FIFA as the lead organisation has over the past years never been too far away from claims and counter claims about corruption linked to  financial irregularity, bribing of officials in an attempt  to win the right to stage the tournament, tax issues and ticket touting. Indeed the evidence suggests that financial irregularity appears to be rife from the top to the bottom of the football organisational structure. This has affected clubs as diverse as Juventus, Leeds United, Hartlepool and Glasgow Rangers. Football is a global business and the financial rewards are immense. The consequences are far reaching for clubs, organisations and the very game itself. I would argue that negativity around the financial implications of football has driven a wedge between club, country and the ordinary fan. Many have become disillusioned with the game.

However, despite the concerns about Russia 2018 and Qatar 2020 something about the actual tournament, the teams competing and the players themselves has changed in many peoples’ minds over the past three weeks. It looks like the ordinary fan is reconnecting. The England team, young and inexperienced they may be but they are social media savvy and have shown that they are also fans of the game and not aloof from the rest of us who marvel at how they and others play. I have even heard die hard Scottish fans remark that they are finding it hard to dislike the England team. Now that is a turn up for the books. The beautiful game may well be a terrible beauty to quote to W. B. Yeats but let’s revel in the current beauty. If anyone is in doubt about the game’s beauty take a look at Brazil’s fourth goal in the 1970 final against Italy. Scored by Carlos Alberta but crafted like a fine poem by the rest of the team. It is magical and my personal World Cup favourite moment.

So as we venture into the final rounds of this year’s World Cup we can all enjoy this international festival of football and hope that things are genuinely starting to change. Success on the pitch means everything and has such an impact on the country as a whole. By the time you read this that fever I mentioned at the start might have been ratcheted up or indeed may have dissipated.  As a confessed Republic of Ireland fan I have to admit I’m quietly enjoying England’s success to date and secretly wish them well.

 

 

 

 

CRCs: Did we really expect them to work?

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For those of you who follow changes in the Criminal Justice System (CJS) or have studied Crime and Justice, you will be aware that current probation arrangements are based on the notion of contestability, made possible by the Offender Management Act 2007 and fully enacted under the Offender Rehabilitation Act 2014. What this meant in practice was the auctioning off of probation work to newly formed Community Rehabilitation Companies (CRCs) in 2015 (Davies et al, 2015). This move was highly controversial and was strongly opposed by practitioners and academics alike who were concerned that such arrangements would undermine the CJS, result in a deskilled probation service, and create a postcode lottery of provision (Raynor et al., 2014; Robinson et al., 2016). The government’s decision to ignore those who may be considered experts in the field has had perilous consequences for those receiving the services as well as the service providers themselves.

Picking up on @manosdaskalou’s theme of justice from his June blog and considering the questions overhanging the future sustainability of the CRC arrangements it is timely to consider these provisions in a little more detail. In recent weeks I have found myself sitting on a number of probation or non-CPS courts where I have witnessed first-hand the inadequacies of the CRC arrangements and potential injustices faced by offenders under their supervision. For instance, I have observed a steady increase in applications from probation, or more specifically CRCs, to have community orders adjusted. While such requests are not in themselves unusual, the type of adjustment or more specifically the reason behind the request, are. For example, I have witnessed an increase in requests for the Building Better Relationships (BBR) programme to be removed because there is insufficient time left on the order to complete it, or that the order itself is increased in length to allow the programme to be completed[1]. Such a request raises several questions, firstly why has an offender who is engaged with the Community Order not been able to complete the BBR within a 12-month, or even 24-month timeframe? Secondly, as such programmes are designed to reduce the risk of future domestic abuse, how is rehabilitation going to be achieved if the programme is removed? Thirdly, is it in the interests of justice or fairness to increase the length of the community order by 3 to 6 month to allow the programme to be complete?  These are complex questions and have no easy answer, especially if the reason for failing to complete (or start) the programme is not the offenders fault but rather the CRCs lack of management or organisation. Where an application to increase the order is granted by the court the offender faces an injustice in as much as their sentencing is being increased, not based on the severity of the crime or their failure to comply, but because the provider has failed to manage the order efficiently. Equally, where the removal of the BBR programme is granted it is the offender who suffers because the rehabilitative element is removed, making punishment the sole purpose of the order and thus undermining the very reason for the reform in the first place.

Whilst it may appear that I am blaming the CRCs for these failings, that is not my intent. The problems are with the reform itself, not necessarily the CRCs given the contracts. Many of the CRCs awarded contracts were not fully aware of the extent of the workload or pressure that would come with such provisions, which in turn has had a knock-on effect on resources, funding, training, staff morale and so forth. As many of these problems were also those plaguing probation post-reform, it should come as little surprise that the CRCs were in no better a position than probation, to manage the number of offenders involved, or the financial and resource burden that came with it.

My observations are further supported by the growing number of news reports criticising the arrangements, with headlines like ‘Private probation firms criticised for supervising offenders by phone’ (Travis, 2017a), ‘Private probation firms fail to cut rates of reoffending’ (Savage, 2018), ‘Private probation firms face huge losses despite £342m ‘bailout’’ (Travis, 2018), and ‘Private companies could pull out of probation contracts over costs’ (Travis, 2017b). Such reports come as little surprise if you consider the strength of opposition to the reform in the first place and their justifications for it. Reading such reports leaves me rolling my eyes and saying ‘well, what did you expect if you ignore the advice of experts!’, such an outcome was inevitable.

In response to these concerns, the Justice Committee has launched an inquiry into the Government’s Transforming Rehabilitation Programme to look at CRC contracts, amongst other things. Whatever the outcome, the cost of additional reform to the tax payer is likely to be significant, not to mention the impact this will have on the CJS, the NPS, and offenders. All of this begs the question of what the real intention of the Transforming Rehabilitation reform was, that is who was it designed for? If it’s aim was to reduce reoffending rates by providing support to offenders who previously were not eligible for probation support, then the success of this is highly questionable. While it could be argued that more offenders now received support, the nature and quality of the support is debatable. Alternatively, if the aim was to reduce spending on the CJS, the problems encountered by the CRCs and the need for an MoJ ‘bail out’ suggests that this too has been unsuccessful. In short, all that we can say about this reform is that Chris Grayling (the then Home Secretary), and the Conservative Government more generally have left their mark on the CJS.

[1] Community Orders typically lasts for 12 months but can run for 24 months. The BBR programme runs over a number of weeks and is often used for cases involving domestic abuse.

References:

Davies, M. (2015) Davies, Croall and Tyrer’s Criminal Justice. Harlow: Pearson.

Raynor, P., Ugwudike, P. and Vanstone, M. (2014) The impact of skills in probation work: A reconviction study. Criminology and Criminal Justice, 14(2), pp.235–249.

Robinson, G., Burke, L., and Millings, M. (2016) Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales. British Journal of Criminology, 56(1), pp.161-178.

Savage, M. (2018) Private probation firms fail to cut rates of reoffending. Guardian [online]. Available from: https://www.theguardian.com/society/2018/feb/03/private-firms-fail-cut-rates-reoffending-low-medium-risk-offenders [Accessed 6 July 2018].

Travis, A. (2017a) Private probation firms criticised for supervising offenders by phone. Guardian [online]. Available from: https://www.theguardian.com/society/2017/dec/14/private-probation-firms-criticised-supervising-offenders-phone [Accessed 6 July 2018].

Travis, A. (2017b) Private companies could pull out of probation contracts over costs. Guardian [online]. Available from: https://www.theguardian.com/society/2017/mar/21/private-companies-could-pull-out-of-probation-contracts-over-costs [Accessed 6 July 2018].

Travis, A. (2018) Private probation firms face huge losses despite £342m ‘bailout’. Guardian [online]. Available from: https://www.theguardian.com/society/2018/jan/17/private-probation-companies-face-huge-losses-despite-342m-bailout [Accessed 6 July 2018].

 

A mature student’s reflections on the first year

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At the age of 51, when I first applied to study Criminology at the University of Northampton, I was a VERY mature student. I had previously been a Registered Nurse for 12 years, then after having a family, re-joined the workforce in various jobs from bar work to office work. I even worked at the local Crematorium for a few years, followed by a short stint at a Funeral Directors! But now my children are grown up and I wanted to do something for me for a change. I happened to see an article in my local newspaper about a 55 year old gentleman who had just graduated from university and that got me thinking….then my daughter told me that there was a man in his 70s at her uni, whose wife made him go so he’d be out from under her feet! That settled it….if they could do it then so could I.

To be honest I was actually amazed to be accepted after writing a 500 word essay on why Criminology is important today. Now that I actually know how to write an essay, the thought of what I wrote then makes me cringe, but onwards and upwards!

Then came the fear. What the hell was I doing? I must be mad! I’d never fit in. These youngsters would never accept me. I’d be useless cos it’s so long since I studied. Even the lecturers would be younger than me. I’d be a joke!
But, what the hell, I thought, ….you only live once! So I swallowed my panic, girded my loins and set forth……I could always run away if I didn’t like it and I’d never have to see any of these people again!

Then out of the blue, on the first day of welcome week, someone started talking to me! She was a mature student too, though much younger than me! The next day I met someone else and the three of us stuck together like glue (and still do now)! As each day went by I started talking to more and more people and before I knew it, I was part of a large group of students ranging from 18 years old right up to me (yes I’m still the oldest person I know!) with every decade in between! I’m just amazed that these people have accepted me and I wish I’d done it years ago! We’ve even had a few drunken nights out (but we won’t go into too much detail about that!).

I have totally surprised myself by how quickly I’ve got back into study mode. The Associate Lecturers have been a lifeline and I can’t praise them enough for all the help and support they’ve given me. Not sure if I’m allowed to mention names, but @jesjames50 and @bethanyrdavies….you know who I mean!!!

All in all, I have absolutely loved my first year. I’ve really enjoyed the studying and it has opened my eyes to so many things. I feel I have a totally different perspective on life now and I’m really excited for Year 2.  I have met some amazing people and I feel so thankful and proud to be part of the community of the University of Northampton.

My advice to anyone, especially older people thinking of embarking on a degree is, to coin a phrase from Nike, “just do it!” Education is the greatest gift and you are never too old to learn.

Painting by numbers: The problem with HE.

I read a report the other week about concern over the number of 1st degrees that are being achieved within higher education in the UK (Richmond, 2018) and the fact that the volume of such achievements is devaluing university degrees.  I juxtapose this with another report that states that 32% of students do not think they get value for money (Neves and Hillman, 2018) and the result is some soul searching about what it is I’m trying to achieve as a lecturer, aside from survival, and what higher education (HE) is about.  A conversation with a friend who works in Information Technology muddies the water even more.  He’s a high flyer, jetting backwards and forwards to the USA, solving problems, advising on, and implementing major change projects within large corporations and generally making a lot of money along the way.  For him a degree is not as important as the ability to ‘think outside the box’, find solutions to problems and show leadership that enables change or fixes.  If you have a degree then you ought to be able to do all these things to some extent, experience will then build on it. He lets on that his company will not touch graduates from certain universities, simply because they do not have the requisite skills or abilities, their degrees are effectively meaningless.  A sad generalisation but one that is becoming increasingly prominent amongst employers. One other thing that he was quick to point out is that the ‘real world’ is highly competitive and his company are looking for the best potential.

So, what is higher education all about, higher than what?  What is the benchmark and what is the end goal? I have always believed that higher education is about taking students beyond what can be read in books or can be followed in manuals. It is about enhancing the understanding of the world in which we operate, either professionally or socially and being able to redesign or reimagine that world.  It is about leadership in its many guises, problem solving and the ability to use initiative and autonomy. It is about moving a student from being able to paint by numbers under supervision to a student that can paint free hand, understanding light and colours, understanding how to capture moods or how to be evocative, a student who uses materials that they want to use, and they are not frightened to do so.  It stands to reason that not every student can achieve excellence.  If the starting point is the ability to paint by numbers, then some will move only slightly beyond this and some will excel, but only a few will warrant a 1st degree. What is clear though is that the students really ought to be able to paint by numbers before they enter HE otherwise they will need to be taught that skill before they can move on.  That then is no longer higher education but further education (FE) and more importantly, it sets students up to fail, if they are being measured against HE standards.  An alternative to avoid this potential failure requires HE standards to be lowered to those of FE.  In which case what is the point of HE?

So why would I be confused about HE?  Well, when students are seen as cash cows, each being worth £9250 a year to an institution, being able to paint by numbers becomes a barrier to recruitment in a highly competitive market.  Institutions can help students that do not have the requisite skills, but this requires either extra time before joining the HE course, this has funding implications, or a lot of extra work by the student during the HE course, and this means that students with limited academic ability struggle. A need to retain students over the three-year period of a degree, to ensure institutional financial stability or even viability, becomes problematic.  Struggling students have a double whammy, they have to catch up to the starting point for each year, whilst also progressing through the year.  The choices are stark for HE institutions, progress students by lowering standards or lose them.

HE institutions are measured on the number of good degrees and it makes for good advertising. There is enough literature around to suggest that such unsophisticated quantitative measures are never a good thing.  The complexity of higher education, where there is a heavy reliance on students engaging in their studies (there is something to be said about reading for a degree), puts much of the achievement of grades beyond the control of lecturers or even institutions.  The resultant solution appears to be the lowering of assessment standards and teaching to assessments.  In effect, HE is falling in line with FE and teaching students to paint by numbers.  It is easy to see why there is disquiet then about an increase in 1st degrees and more importantly, in a competitive world, why employers are becoming increasingly concerned about the value of a degree.  As for value for money for students, for many, it’s a bit like being charged a fortune to race a Maserati round a track for a day but not being able to drive.

Neves, J. and Hillman, N. (2018) Student Academic Experience Survey report 2018 [online] available at https://www.heacademy.ac.uk/knowledge-hub/student-academic-experience-survey-report-2018 [accessed 20 June 2018]

Richmond, T. (2018) A degree of uncertainty: An investigation into grade inflation in universities. [online] available at, http://www.reform.uk/publication/a-degree-of-uncertainty-an-investigation-into-grade-inflation-in-universities/ [accessed 20 June 2018].

That Fat-Tuition: International Students’ Career Prospects

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Sallek is a graduate from the MSc Criminology. He is currently undertaking doctoral studies at Stellenbosch University, South Africa.

As an international student studying for my doctorate in South Africa, I have been pushed and compelled to think more and more about life after studies. This push does not often come from the most caring hearts. It would seem some South Africans have been wired to ask every ‘foreign national’ they meet, ‘would you go back to your country when you are done studying?’ The motive for asking this question is not as important for me as the reality packed in the question. This reality is that of the post-PhD blues, a time of unsettling emotions, and transitioning from studying to a career or post-doctoral study. Experience shows that the waiting period stirs emotions of rejection after interviews or for just not being shortlisted and when the value of one’s research and academic competency is questioned. For some the experience is short, others simply return to their former employment, while for many others, it could take a year or two, or even more.
Recently, the thought of graduating and life after the ‘PhD’ has been in my mind, and sometimes, it encroaches into my active study hours. However, this entry does not depict the reality of life after PhD alone. I had this moment after my bachelor degree and even more after my Criminology degree at UoN when I had to consider the thought of returning to my home country. I am certain some international students would relate with this. I have had numerous conversations and have heard the opinions of many on this. However, given that graduation is not only an end, but a new beginning as Helen rightly notes, careful thought out plans, perseverance and patience has helped me navigate these periods.
As the labour market has become more competitive, the need for perseverance, thought-through plans and sometimes, ingenuity has become even more important after studying and receiving beautiful grades. Statistics indicates that a significant percentage of faculty positions are non-permanent appointments and this makes the academic career prospect of young and aspiring researchers unpromising. Outside of the academia, not only is the labour market competitive, but applicants are stifled with years of experience requirements and these issues brings me to the crux of this entry.
Beyond doubt, the cost of studying for international students in most countries is comparably higher than those of ‘home’ students. I do not refer to the economic costs in terms of higher tuition, international registration fee requirements, and other sundry maintenance requirements only. Added to this is the immense social cost such as the loss of personal relationship with family, friends and one’s social network. For some, studying in Europe or the West generally attracts certain prestige and a huge pressure from social-expectation that one will return to begin a lucrative work. But, the reality is far from this. Africa has an existential youthful unemployment crisis, serious insecurity challenges and several countries lack basic infrastructures and social amenities. Hence, after studying, some elect to never return, even if it means keeping that beautiful certificate away, picking a menial job or staying back illegally. After all, besides selling all their possession or borrowing to pay the huge tuition, they have nothing to return to and have to eke out a living. These factors undermines and affects the career prospects of international students.

Why Criminology terrifies me

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Cards on the table; I love my discipline with a passion, but I also fear it. As with other social sciences, criminology has a rather dark past. As Wetzell (2000) makes clear in his book Inventing the Criminal: A History of German Criminology 1880-1945 the discipline has (perhaps inadvertently) provided the foundations for brutality and violence. In particular, the work of Cesare Lombroso was utilised by the Nazi regime because of his attempts to differentiate between the criminal and the non-criminal. Of course, Lombroso was not responsible (he died in 1909) and could not reasonably be expected to envisage the way in which his work would be used. Nevertheless, when taken in tandem with many of the criticisms thrown at Lombroso’s work over the past century or so, this experience sounds a cautionary note for all those who want to classify along the lines of good/evil. Of course, Criminology is inherently interested in criminals which makes this rather problematic on many grounds. Although, one of the earliest ideas students of Criminology are introduced to, is that crime is a social construction, which varies across time and place, this can often be forgotten in the excitement of empirical research.

My biggest fear as an academic involved in teaching has been graphically shown by events in the USA. The separation of children from their parents by border guards is heart-breaking to observe and read about. Furthermore, it reverberates uncomfortably with the historical narratives from the Nazi Holocaust. Some years ago, I visited Amsterdam’s Verzetsmuseum (The Resistance Museum), much of which has stayed with me. In particular, an observer had written of a child whose wheeled toy had upturned on the cobbled stones, an everyday occurrence for parents of young children. What was different and abhorrent in this case was a Nazi soldier shot that child dead. Of course, this is but one event, in Europe’s bloodbath from 1939-1945, but it, like many other accounts have stayed with me. Throughout my studies I have questioned what kind of person could do these things? Furthermore, this is what keeps me awake at night when it comes to teaching “apprentice” criminologists.

This fear can perhaps best be illustrated by a BBC video released this week. Entitled ‘We’re not bad guys’ this video shows American teenagers undertaking work experience with border control. The participants are articulate and enthusiastic; keen to get involved in the everyday practice of protecting what they see as theirs. It is clear that they see value in the work; not only in terms of monetary and individual success, but with a desire to provide a service to their government and fellow citizens. However, where is the individual thought? Which one of them is asking; “is this the right thing to do”? Furthermore; “is there another way of resolving these issues”? After all, many within the Hitler Youth could say the same.

For this reason alone, social justice, human rights and empathy are essential for any criminologist whether academic or practice based. Without considering these three values, all of us run the risk of doing harm. Criminology must be critical, it should never accept the status quo and should always question everything.  We must bear in mind Lee’s insistence that ‘You never really understand a person until you consider things from his point of view. Until you climb inside of his skin and walk around in it’ (1960/2006: 36). Until we place ourselves in the shoes of those separated from their families, the Grenfell survivors , the Windrush generation and everyone else suffering untold distress we cannot even begin to understand Criminology.

Furthermore, criminologists can do no worse than to revist their childhood and Kipling’s Just So Stories:

 

I keep six honest serving-men
(They taught me all I knew);
Their names are What and Why and When
And How and Where and Who (1912: 83)

Bibliography

Browning, Christopher, (1992), Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland, (London: Penguin Books)

Kipling, Rudyard, (1912), Just So Stories, (New York: Doubleday Page and Company)

Lee, Harper, (1960/2006), To Kill a Mockingbird, (London: Arrow Books)

Lombroso, Cesare, (1911a), Crime, Its Causes and Remedies, tr. from the Italian by Henry P. Horton, (Boston: Little Brown and Co.)

-, (1911b), Criminal Man: According to the Classification of Cesare Lombroso, Briefly Summarised by His Daughter Gina Lombroso Ferrero, (London: G. P. Putnam’s Sons)

-, (1876/1878/1884/1889/1896-7/ 2006), Criminal Man, tr. from the Italian by Mary Gibson and Nicole Hahn Rafter, (London: Duke University Press)

Solway, Richard A., (1982), ‘Counting the Degenerates: The Statistics of Race Deterioration in Edwardian England,’ Journal of Contemporary History, 17, 1: 137-64

Wetzell, Richard F., (2000), Inventing the Criminal: A History of German Criminology 1880-1945, (Chapel Hill: The University of North Carolina Press)

The Power of Education

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“Education is the most powerful weapon which we can use to change the world” (Nelson Mandela)

My name is Stephanie, and I was a Criminology (with Education Studies) student at Northampton from 2012-2015. After graduating, I proceeded with my masters in International Criminal Law and Security at Northampton still. I graduated with my Masters in February 2018. This blog post is a dedication to how one lecture and one seminar, from 2 different modules at different points in my university ignited a fire in me, which is still in me today.

Education opens our minds to new things; we see things differently and can use it as a force to make the world a better place and we can better understand the world around us. It can empower us to make change, teach and impart our knowledge to others.

During the 1st year of my undergrad, in a lecture in Crime and Society focussing on sexual crime, my heart sank. I thought back to when I was 13 years old, I was sexually assaulted at school. I didn’t realise it at that time, until that session on sexual crime.

I reminisced of the horrible occasion, telling the boy who assaulted me to stop and pushed his hands away. Despite any efforts to stop him, he still invaded my personal space and touched me without my consent, leaving deep emotional scars, my body feeling utterly violated, physically sick and was uncomfortable in my own skin (of which hung with me for a number of years after).

In the session on sexual crime, anger and distress bubbled in my stomach, as I tried to ignore the memories that were resurfacing. It was not until my final year in a Crime and Punishment seminar, where a role play of a rape victim reporting to the police demonstrated in class was done that  a fire of inspiration was ignited. A fierce passion burned inside me, and I deeply felt that I had to do something.

This was inspiration behind my petition on making it compulsory to teach consent in schools: https://www.change.org/p/rt-hon-justine-greening-mp-to-make-it-compulsory-to-teach-consent-within-secondary-school-pshe-sex-education-classes

That seminar left me feeling a mixture of things; firstly, I was (and still am) appalled by the rape myths that are riddled in our society and justice system, and the lack of compassion shown to rape victims. I felt angry and somewhat distressed, because of my own experience of sexual assault.

It most importantly, started a fire of wanting to make change to better inform people in society of these rape myths, and to understand consent. To all who have read this, please sign, share and encourage others to do the same for this petition.

On another note, you are also more than welcome to follow my personal blog here at: https://wordpress.com/stats/day/flowervioletblog.wordpress.com

 

 

 

The never-changing face of justice

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There are occasions that I consider more fundamental questions beyond criminology, such as the nature of justice.  Usually whilst reading some new sentencing guidelines or new procedures but on occasions major events such as the fire at Grenfell and the ensuing calls from former residents for accountability and of course justice!  There are good reasons why contemplating the nature of justice is so important in any society especially one that has recently embarked on a constitutional discussion following the Brexit referendum.

Justice is perhaps one of the most interesting concepts in criminology; both intangible and tangible at the same time.  In every day discourses we talk about the Criminal Justice System as a very precise order of organisations recognising its systemic nature or as a clear journey of events acknowledging its procedural progression.  Both usually are summed up on the question I pose to students; is justice a system or a process?  Of course, those who have considered this question know only too well that justice is both at different times.  As a system, justice provides all those elements that make it tangible to us; a great bureaucracy that serves the delivery of justice, a network of professions (many of which are staffed by our graduates) and a structure that (seemingly) provides us all with a firm sense of equity.  As a process, we identify each stage of justice as an autonomous entity, unmolested by bias, thus ensuring that all citizens are judged on the same scales.  After all, lady justice is blind but fair!

This is our justice system since 1066 when the Normans brought the system we recognise today and even when, despite uprisings and revolutions such as the one that led to the 1215 signing of the Magna Carta, many facets of the system have remained quite the same.  An obvious deduction from this is that the nature of justice requires stability and precedent in order to function.  Tradition seems to captivate people; we only need a short journey to the local magistrates’ court to see centuries old traditions unfold. I imagine that for any time traveler, the court is probably the safest place to be, as little will seem to them to be out of place.

So far, we have been talking about justice as a tangible entity as used by professionals daily.  What about the other side of justice?  The intangible concept on fairness, equal opportunity and impartiality?  This part is rather contentious and problematic. This is the part that people call upon when they say justice for Grenfell, justice for Stephen Lawrence, justice for Hillsborough.  The people do not simply want a mechanism nor a process, but they want the reassurance that justice is not a privilege but a cornerstone of civic life.  The irony here; is that the call for justice, among the people who formed popular campaigns that either led or will lead to inquiries often expose the inadequacies, failings and injustices that exist(ed) in our archaic system.

These campaigns, have made obvious something incredibly important, that justice should not simply appear to be fair, but it must be fair and most importantly, has to learn and coincide with the times.  So lady justice may be blind, but she may need to come down and converse with the people that she seeks to serve, because without them she will become a fata morgana,a vision that will not satisfy its ideals nor its implementation.  Then justice becomes another word devoid of meaning and substance.  Thirty years to wait for an justice is an incredibly long time and this is perhaps this may be the lesson we all need to carry forward.

Park Life

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Bethany Davies is an Associate Lecturer teaching modules in the first year.

Park Campus has now been an active part of my life for around 7 years. In 2011 , after an open day and ‘taster session’ and a few months of obsessing over UCAS points and student finance, I stepped foot onto Park Campus, filled with anxiety, excitement and Redbull. It only took me a few weeks to work out, that I really did not know what Criminology was. Years later and the questions keep on coming, I may have a better understanding of theories and have new ideas and opinions, but if there is one thing Criminology at Northampton has ever taught me, is; the more you learn, the more you realise you do not know.

Studying Criminology is not for everyone, it requires a lot of passion for things that some may find tedious, such as reading, research and more reading. For many of us and hopefully those still studying Criminology it is also some of the best bits about Criminology. The rewards of reading something not necessarily to produce an essay but just to feed an interest or challenge your own views is a gift Criminology has given me. From discussions with those at the reunion, it was evident that Criminology never really leaves any of us and it does not matter whether you work in a criminological field or not, there are always moments for us to appreciate our time studying Criminology at Northampton.

Park Campus has meant so many different things to me over the years. Firstly, while I would not yet define myself as a fully grown adult by any means (does anyone?) but Park Campus was the starting point of many learning curves for fundamental skills that I needed to experience before entering the ‘working world’. Park Campus was the place I found a love for learning, a place where I could ask questions without the feeling of dread hanging over me, a place I met my current partner and many lifelong friends. When I graduated in 2014, I was unsure what to do next, luckily, I was not alone in that feeling and for the most part, it was down to losing the routine of working towards a particular goal (usually in the form of an essay or exam date).

Park Campus then took on a new meaning for me, when I joined the Criminology team in 2015. I still have a mixture of feelings when I am on campus, a mixture of familiarity and happiness to walk around as if I were still a student, but also a general sense of pride to be part of such a fantastic team. Luckily, as we move to Waterside I will not only still be surrounded by a great team but also each year brings a new cohort of students with views and ideas that I can witness change, inspire or challenge others around them.

While I’m not much of a Blur fan, but I am a fan of a bit of corny writing (hence the soppy blog post), I leave you with the chorus lyrics to Park Life, which I find enjoyably fitting …

All the people

So Many People

And they all go hand in hand

Hand in hand through their Parklife

Emotions and reason in criminal justice – or facts vs conspiracy?

Blog birthday wordle

I was watching a You Tube clip from Channel Four news (see https://www.youtube.com/watch?v=eUYPGNvsHXk) about the Tommy Robinson contempt of court case. It provided an explanation of the law, the justice system, and why the case is not as claimed, an example of the repression of free speech, but simply, the processes of justice working as they should. It is a clear and dispassionate account explaining that Tommy Robinson has not been ‘disappeared’ but has simply been jailed for contempt of court, to which he pleaded guilty. Tommy Robinson currently presents himself as an independent reporter – well not currently, he is serving his sentence, but you know what I mean. Prior to this he was leader of the English Defence League and a reporter for ‘Rebel Media’, a Canadian far right online political commentary media site, described as a ‘global platform for anti-Muslim ideology’.

He then re-invented himself to his most recent role of independent reporter, which for him became a mission to report on cases of serious sexual assaults committed by Asian men, whether the court had placed reporting restrictions on the case or not. This was seemingly for him, a way to ensure a conviction, to influence juries about defendants and secure justice for victims. The incident which led to his imprisonment occurred when he posted a Facebook live commentary on a case, which had reporting restrictions. He was arrested for breach of the peace, it transpired that his activities also meant he was in contempt of court, which given he was already on a suspended sentence, led to his jail sentence of 13 months. The outrage focused on the fact that Robinson was arrested and jailed within one day, there were claims he had no legal representation and that this was a repression of free speech. The Channel 4 news report points out the facts. Contempt of court has to be dealt with quickly, as it threatens to derail trials, at great cost to the taxpayer and those seeking a fair trial and for justice to be done. As well as pleading guilty, Robinson knew, as a reporter, he should follow the laws on reporting restrictions. The report emphasises the consequences of derailing the trials, and therefore that his intentions to secure justice are misguided.

This case and this report highlights one of the great challenges for our justice system, that the laws and processes in place to support victims, uphold rights of defendants and witnesses and secure justice are frequently misrepresented and misunderstood. The explanations of the law in the report are clear, concise and easy to grasp, but as I said earlier they are dispassionate, and many would argue, so they should be. The problem is, those who present opposition to these facts, claiming fake news, alternative facts, repression of free speech and political correctness gone mad are not dispassionate. They tap into emotions of fear, a sense of injustice, hate and then offer solutions which promise to alleviate these fears and make the world a better place. For those who are afraid, who feel their lives could be better, this will get their attention, more so than someone presenting facts, laws, and objective reviews of events.

A recent conference at De Montfort University, the Emotions and Criminal Justice conference, tackled this theme as to how the CJS needs to acknowledge the emotional impact of crime and justice, beyond the immediate victims and their family, to the wider public who read about cases. Professor Robert Canton in his presentation ‘Mending what has been torn: Reflections on emotions related to punishment and reconciliation’, outlined the need to understand the type of thinking which occurs when we hear about crime, and what people would consider to be an effective response. He stated ‘the separation of emotion and reason is a bad start…lets talk about emotions as well as reason.’ He cited feelings of anger and disgust against those who have wronged us, and it is these very feelings which Tommy Robinson taps into from his roving reporting on serious sexual assault cases. What is also interesting about this case is the emotions of Robinson’s supporters, that they disregard facts, or don’t know them in the first place, and instead go straight to the position of a sense of injustice, an unfair system and repression of free speech. On the one hand, the presentation of the facts in the report can easily be defined as reason, and the cries of injustice and repression from Robinson’s supporters across the globe, as emotion. But to those expressing this, they are perfectly within their rights, they are upholding this precious commodity of free speech, they are reasoned, right and need to be heard. The dispassionate fact checkers are almost spoiling their fun, tackling their misguided emotional response with reason, established laws and pointing out the flaws in their argument. In amongst all this thinking, I realised one other thing. The supporters of Tommy Robinson, via twitter, gained a lot of traction and attention about their ‘plight’, the report I found was something I came across and chose to watch as I follow Channel Four news, and, crucially, I wanted to know more about the facts of the case. So many people would not seek out such facts, and are all too comfortable to ignore the issue, have their prejudices and conspiracies confirmed and hang on to those initial emotional responses as the facts and explanations of the case. Before we all get too despondent, perhaps the signs are there, of recognising these views as part of our society, to grasp the significance of emotions in all of this, and just maybe, to ensure future generations don’t fall into the same traps.

 

 

 

 

 

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