The not so beautiful game?

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?

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].
Why Criminology terrifies me

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 never-changing face of justice

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

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.





