Thoughts from the criminology team

We Want Equality! When do we want it?

Defend_equality_poster_cropped

I’ve been thinking a lot about equality recently. It is a concept bandied around all the time and after all who wouldn’t want equal life opportunities, equal status, equal justice? Whether we’re talking about gender, race, sexual orientation, disability, age, marital status. religion, sex or maternity (all protected characteristics under the Equality Act, 2010) the focus is apparently on achieving equality. But equal to what? If we’re looking for equivalence, how as a society do we decide a baseline upon which we can measure equality? Furthermore, do we all really want equality, whatever that might turn out to be?

Arguably, the creation of the ‘Welfare State’ post-WWII is one of the most concerted attempts (in the UK, at least) to lay foundations for equality.[1] The ambition of Beveridge’s (1942) Report of the Inter-Departmental Committee on Social Insurance and Allied Services was radical and expansive. Her is a clear attempt to address, what Beveridge (1942) defined as the five “Giant Evils” in society; ‘squalor, ignorance, want, idleness, and disease’. These grand plans offer the prospect of levelling the playing field, if these aims could be achieved, there would be a clear step toward ensuring equality for all. Given Beveridge’s (1942) background in economics, the focus is on numerical calculations as to the value of a pension, the cost of NHS treatment and of course, how much members of society need to contribute to maintain this. Whilst this was (and remains, even by twenty-first century standards) a radical move, Beveridge (1942) never confronts the issue of equality explicitly. Instead, he identifies a baseline, the minimum required for a human to have a reasonable quality of life. Of course, arguments continue as to what that minimum might look like in the twenty-first century. Nonetheless, this ground-breaking work means that to some degree, we have what Beveridge (1942) perceived as care ‘from cradle to grave’.

Unfortunately, this discussion does not help with my original question; equal to what? In some instances, this appears easier to answer; for example, adults over the age of 18 have suffrage, the age of sexual consent for adults in the UK is 16. But what about women’s fight for equality, how do we measure this? Equal pay legislation has not resolved the issue, government policy indicates that women disproportionately bear the negative impact of austerity. Likewise, with race equality, whether you look at education, employment or the CJS there is a continuing disproportionate negative impact on minorities. When you consider intersectionality, many of these inequalities are heaped one on top of the other. Would equality be represented by everyone’s life chances being impacted in the same way, regardless of how detrimental we know these conditions are? Would equality mean that others have to lose their privilege, or would they give it up freely?

Unfortunately, despite extensive study, I am no closer to answering these questions. If you have any ideas, let me know.

References

Beveridge, William, (1942), Report of the Inter-Departmental Committee on Social Insurance and Allied Services, (HMSO: London)

The Equality Act, 2010, (London: TSO)

 

[1] Similar arguments could be made in relation to Roosevelt’s “New Deal” in the USA.

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Why do we punish? An important question we need to keep asking

Question everything

Tomorrow I am at the University of Northampton Open Day for our criminology programmes, and I have decided to focus on the theme of punishment, and so it seemed appropriate to also focus on this for my blog this week. I want to introduce prospective students to this question of why we punish offenders, given that when students come to us – and I have found this in every HEI I have worked in – up until that point, little consideration is given to the assumption that offenders must be punished and that they must face harsh punishment, as this is the key function of our justice system.

 

We all spend the next three years challenging these assumptions through an examination of the purpose of punishment, sentencing practice, the legalities of what the courts can do, the likelihood of cases getting to court, that a life sentence very rarely means ‘life’ and the problems we have with overcrowding in prisons and high re-offending rates. I introduce students to the work of Joe Sim, Ben Crewe, Yvonne Jewkes, George Mair and Rob Canton among countless others to provide research evidence and theory which should help them answer the question – why punish? Yet, I still find students at the end of their programme who have not shifted from this position of punishment as central to justice, required to support victims and as necessary to uphold law, order and maintain a civil society. I don’t wholly disagree – there are high risk offenders, there are types of offending which cause harms beyond direct victims, and there is a need for intervention to protect the public. What I try to get across to students, is that there are equally circumstances in which we need to ask whether a criminal justice response is the most effective, morally just and if it truly reflects a civil society.

 

In my experience of teaching one of the ways this debate is raised is to examine case studies, how the justice system dealt with them, how they were presented in the press and what we know now. I will be examining the Shannon Matthews case on Saturday – an emotive, harrowing and high-profile case which will no doubt get prospective students – and their parents – talking. I don’t intend to change hearts and minds during a 45-minute presentation and discussion, but it is really to make it clear that a criminology programme will challenge what people think they know and believe about crime and the justice system. I think it is vital that criminology, as a social science, maintains its foundations as a critical examination of policy, law, practice, theory and those established common sense beliefs about how crime should be dealt with. I tell students during these sessions and induction weeks that telling friends and family they study criminology presents an interesting issue for them, as everyone has an opinion they will want to express. This is especially the case for Karen Matthews, Shannon’s mother, who continues to be vilified in the press after her release from prison. It takes time to get across to students that to examine our assumptions about what we think we know about Karen and what she did is not to condone it, but to explain it, understand it and perhaps look at it less with emotion, and more with empathy.

 

Rob Canton’s book ‘Why Punish’ is a very good resource for these debates – it presents these questions from moral, philosophical, sociological and political perspectives. It is one of the most thorough examinations of punishment, the penal system and the rationale we present for this, from deterrence, incapacitation, retribution and rehabilitation. The case of Karen Matthews would seem to present an obvious answer – we punish because it is reprehensible to kidnap a child and to fraudulently obtain money from this act, and then to deceive friends, family and community. We punish to send a clear message of response, to vindicate laws and to seek justice for Shannon, and we punish because that is what the justice system is meant to do. The re-examination of punishment requires an acknowledgement of the emotional reactions to crime, that our assessment of what should happen to offenders comes from a place of indignation, fear, a need for justice and a requirement that the state must act to implement this. So, in the case of Karen Matthews, perhaps the question is not to ask why was she punished for her crimes, but to consider why this continues in the form of press attention and condemnation. For those less high-profile cases, we need to consider how many among the 82,764 (Ministry of Justice, 2018) people in prison truly pose a risk to others, need treatment and support and not just incarceration, will not benefit from retributive condemnation or attempts at deterrence and where there were alternatives in community sentencing which could have addressed their offending behaviour.

 

This may seem a lot to ask of prospective students and parents who come along to find out what we do, but it is simply to emphasise the importance of asking this question, among many others. The harms of imprisonment are well documented from Foucault, to Sykes, Sims and more contemporary research into the impact of overcrowding, violence, drug use and the high numbers of prisoners with mental health issues (such as Nurse et al 2003; Huey & Mcnulty, 2005; Crewe, 2007). This must all be understood in the context of high re-offending rates which tell us whatever your views on the purpose of custodial sentences, they don’t work to prevent further offending. As well as being an important question to ask, it is also a difficult one – it proposes to ask the public to think differently about crime and offenders, to demand politicians and policy makes use methods which are more effective, less harmful in terms of the consequences of engagement with the criminal justice system, and which still represent ‘doing justice’. I am expecting, and hoping, for some interesting debate and discussion, and that students get a clear idea of not only what we do, but why we do it and why we will continue to do so.

 

Susie Atherton

Senior Lecturer in Criminology

 

Canton, R. (2017) Why Punish? An Introduction to the Philosophy of Punishment, Palgrave, London.

Crewe, B. (2007) Power, Adaptation and Resistance in a Late-Modern Men’s Prison, The British Journal of Criminology, Volume 47, Issue 2, 1 March 2007, Pages 256–275.

Huey, M. P., & Mcnulty, T. L. (2005). Institutional Conditions and Prison Suicide: Conditional Effects of Deprivation and Overcrowding. The Prison Journal, 85(4), 490–514.

Ministry of Justice (2018) Prison population Figures: 2018, MoJ, London.

Nurse J., Woodcock, P. & Ormsby, J. (2003), Influence of environmental factors on mental health within prisons: focus group study British Medical Journal, 327:480.

The Lure of Anxiety

HT

Helen is an Associate Lecturer teaching on modules in years 1 and 3.

I wear several hats in life, but I write this blog in the role of a lecturer and a psychologist, with experience in the theory and practice of working with people with psychological disorders.

In recent years, there has been an increase in awareness of mental health problems. This is very welcome. Celebrities have talked openly about their own difficulties and high profile campaigns encourage us to bring mental health problems out of the shadows. This is hugely beneficial. When people with mental health problems suffer in silence their suffering is invariably increased, and simply talking and being listened to is often the most important part of the solution.

But with such increased awareness, there can also be well-intentioned but misguided responses which make things worse. I want to talk particularly about anxiety (which is sometimes lumped together with depression to give a diagnosis of “anxiety and depression” – they can and do often occur together but they are different emotions which require different responses). Anxiety is a normal emotion which we all experience. It is essential for survival. It keeps us safe. If children did not experience anxiety, they would wander away from their parents, put their hands in fires, fall off high surfaces or get run over by cars. Low levels of anxiety are associated with dangerous behaviour and psychopathy. High levels of anxiety can, of course, be extremely distressing and debilitating. People with anxiety disorders avoid the things they fear to the point where their lives become smaller and smaller and their experience severely restricted.

Of course we should show compassion and understanding to people who suffer from anxiety disorders and some campaigners have suggested that mental health problems should receive the same sort of response as physical health problems. However, psychological disorders, including anxiety disorders, do not behave like physical illnesses. It is not a case of diagnosing a particular “bug” and then prescribing the appropriate medication or therapy to make it go away (in reality, many physical conditions do not behave like this either). Anxiety thrives when you feed it. The temptation when you suffer high levels of anxiety is to avoid the thing that makes you anxious. But anyone who has sat through my lecture on learning theory should remember that doing something that relieves or avoids a negative consequence leads to negative reinforcement. If you avoid something that makes you highly anxious (or do something that temporarily relieves the anxiety, such as repeatedly washing your hands, or engaging in a ritual) the avoidance behaviour will be strongly reinforced. And you never experience the target of your fears, so you never learn that nothing catastrophic is actually going to happen – in other words you prevent the “extinction” that would otherwise occur. So the anxiety just gets worse and worse and worse. And your life becomes more and more restricted.

So, while we should, of course be compassionate and supportive towards people with anxiety disorders, we should be careful not to feed their fears. I remember once becoming frustrated with a member of prison staff who proudly told me how she was supporting a prisoner with obsessive-compulsive disorder by allowing him to have extra cleaning materials. No! In doing so, she was facilitating his disorder. What he needed was support to tolerate a less than spotless cell, so that he could learn through experience that a small amount of dirt does not lead to disaster. Increasingly, we find ourselves teaching students with anxiety difficulties. We need to support and encourage them, to allow them to talk about their problems, and to ensure that their university experience is positive. But we do them no favours by removing challenges or allowing them to avoid the aspects of university life that they fear (such as giving presentations or working in groups). In doing so, we make life easier in the short-term, but in the long-term we feed their disorders and make things worse. As I said earlier, we all experience anxiety and the best way to prevent it from controlling us is to stare it in the face and get on with whatever life throws at us.

 

 

New Year Organisation

Starting the year with a light-hearted post. My original post was going to be on a much more serious legal issue, but I’ll save that for later in the year! As the new year starts, I must say I’m not one for resolutions, but I do try to make sure that I start off on the right foot in regard to organisation of my professional and personal life.

For my professional life I am a fan of calendars and notebooks. I am a visual person and I need to write everything down otherwise I become stressed trying to remember everything I am supposed to do. I have three notebooks and yes, I am unapologetically a Harry Potter fan if you couldn’t tell. First is for my research projects, notes from meetings and training, and general planning. Second is for notes from academic podcasts that I listen to and reflect on. Third is my organiser for the year – need to know where I am week to week! While I do use technology for scheduling, I have returned to having a paper backup. (As a public service announcement make sure to back up your phone, do it today, right now. My phone completely died on Christmas Day and my last back up was July 2018). In addition, I use a wall calendar to track everything.

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For my personal life being minimalistic is important to me and not feeling cluttered as I feel this impacts on my productivity. Moving overseas was a big help in letting go of items which I felt obligated to hold onto. When you know that each box you are shipping overseas is going to cost you approximately AUD$80 it definitely makes you think about what is important to you. Between my partner and I, we ended up with eight boxes. We donated, gifted, sold and threw out so much stuff. Even since moving a year ago I still go through items a couple of times a year.

It is important to start small and deal with each task at a time, otherwise it can be overwhelming. To help motivate me I follow professional organisers on Instagram,  listen to the Minimalists podcast, and watch organisation programs on Netflix like the new Tidying up with Marie Kondo (love a good before and after shot). Watching other people go through the decision-making process makes me realise how much obligation is felt when holding onto things. In the end it is just stuff. While I have been able to minimise a lot of my possession – I still only have one suitcase of clothes. It doesn’t mean I have to get rid of everything I am not this way with books, I believe I will soon be able to build a fortress.

Resources

Academic Podcasts

Organisation Podcast and Program

Goodbye 2018….Hello 2019

no more war

Now that the year is almost over, it’s time to reflect on what’s gone before; the personal, the academic, the national and the global. This year, much like every other, has had its peaks and its troughs. The move to a new campus has offered an opportunity to consider education and research in new ways. Certainly, it has promoted dialogue in academic endeavour and holds out the interesting prospect of cross pollination and interdisciplinarity.

On a personal level, 2018 finally saw the submission of my doctoral thesis. Entitled ‘The Anti-Thesis of Criminological Research: The case of the criminal ex-servicemen,’ I will have my chance to defend this work in early February 2019, so still plenty of work to do.

For the Criminology team, we have greeted a new member; Jessica Ritchie (@academictraveller) and congratulated the newly capped Dr Susie Atherton (@teachingcriminology). Along the way there may have been plenty of challenges, but also many opportunities to embrace and advance individual and team work. In September 2018 we greeted a bumper crop of new apprentice criminologists and welcomed back many familiar faces. The year also saw Criminology’s 18th birthday and our first inaugural “Big Criminology Reunion”. The chance to catch up with graduates was fantastic and we look forward to making this a regular event. Likewise, the fabulous blog entries written by graduates under the banner of “Look who’s 18” reminded us all (if we ever had any doubt) of why we do what we do.

Nationally, we marked the centenaries of the end of WWI and the passing of legislation which allowed some women the right to vote. This included the unveiling of two Suffragette statues; Millicent Fawcett and Emmeline Pankhurst. The country also remembered the murder of Stephen Lawrence 25 years earlier and saw the first arrests in relation to the Hillsborough disaster, All of which offer an opportunity to reflect on the behaviour of the police, the media and the State in the debacles which followed. These events have shaped and continue to shape the world in which we live and momentarily offered a much-needed distraction from more contemporaneous news.

For the UK, 2018 saw the start of the Grenfell Tower Inquiry, the Windrush scandal, the continuing rise of the food bank, the closure of refuges, the iniquity of Universal Credit and an increase in homelessness, symptoms of the ideological programmes of “austerity” and maintaining a “hostile environment“. All this against a backdrop of the mystery (or should that be mayhem) of Brexit which continues to rumble on. It looks likely that the concept of institutional violence will continue to offer criminologists a theoretical lens to understand the twenty-first century (cf. Curtin and Litke, 1999, Cooper and Whyte, 2018).

Internationally, we have seen no let-up in global conflict, the situation in Afghanistan, Iraq, Myanmar, Syria, Yemen (to name but a few) remains fraught with violence.  Concerns around the governments of many European countries, China, North Korea and USA heighten fears and the world seems an incredibly dangerous place. The awarding of the Nobel Peace Prize to Denis Mukwege and Nadia Murad offers an antidote to such fears and recognises the powerful work that can be undertaken in the name of peace. Likewise the deaths of Professor Stephen Hawking and Harry Leslie Smith, both staunch advocates for the NHS, remind us that individuals can speak out, can make a difference.

To my friends, family, colleagues and students, I raise a glass to the end of 2018 and the beginning of 2019:

‘Let’s hope it’s a good one, without any fear’ (Lennon and Ono, 1974).

References:

Cooper, Vickie and Whyte, David, (2018), ‘Grenfell, Austerity and Institutional Violence,’ Sociological Research Online, 00, 0: 1-10

Curtin, Deane and Litke, Robert, (1999) (Eds), Institutional Violence, (Amsterdam: Rodopi)

Lennon, John and Ono, Yoko, (1974) Happy Xmas (War is Over), [CD], Recorded by John and Yoko: Plastic Ono Band in Shaved Fish. PCS 7173, [s.l.], Apple

Christmas Carols: A criminological tale

Lytras_Nikiforos_Carols

In previous years, on my blog post I reflected on The true message of Christmas whilst my colleague @paulaabowles reflected on a modern version of “A Christmas Carol” for the twenty-first century.  This year I shall be reflecting on the festive sounds that underpin the meaning of Christmas. Have we ever considered what lies beneath?

As “It’s the season to be jolly” and all of us feel “joy to the world” because “Born is the King of Israel” so “Glory to the new-born King” “And in his name all oppression shall cease”.  Carols are festive tunes that play on the radio, the shops and even some people humming them on the lifts on their way to work.  Little catchy tunes* that bring smile to those who hear then, teach them to their children and even heard during the festive meal at Christmas.  Some of these tunes are a seasonal staples that signify the start of an ever-expanding Christmas season and can be heard in shops as early as October.  Clearly the memorable tune makes it a great aid to remind people that they will need to spend more so that they can feel more involved in the joy that is professed in the lyrics.

These songs are so ingrained into our collective Zeitgeist that they need no introduction regardless of our religious affiliations, views on faith and spiritual beliefs.  Why are they so important and what do they signify?  The obvious is, their theme.  A somewhat religious message regarding Christmas.  It is almost ironic that behind that festive, joyful message there are some dark undertones.

The first carols appear during the Roman Empire, apparently inspired by Ambrose, the popular Bishop of Milan, who during his tenure oversaw the stopping of an entire sect of Christianity from disappearing.  His fame grew even further when he banned emperor Theodosius the I from entering the cathedral after the latter massacred thousands of people from Thessaloniki in an uprising.  He asked the emperor to do penance for his actions, thus setting a judicial jurisdiction over all men.  Clearly, he had a strong sense of justice, arguably reserved solely for those that agreed with his world view and dogma as he was against mixed marriages (people of different races and faiths), heretics (any kind) and of course Jews, setting an anti-Semitic ghost over Europe that haunt us to this day.

In later year, carols became a symbol of difference between the Catholics and Protestants with the Protestants having more of a taste for the cheerful music notes of the carols.  Those divisions carry the pains in many parts of the world, including the Emerald Isle that suffered from conflict for centuries.  Carols became the reaffirmation of a more “pleasant” Christianity when the puritans moved on and took their dour faith across the ocean.

So now after all those centuries of persecution and conflict, many of those have been forgotten and carols now are nothing more than a jingle that acts like a Pavlovian reminder to the new faithful on the way to worship in the modern cathedrals in Malls and Outlets.  Maybe next time we hum any of these carols we should spend some time to reflect on their history and perhaps reconcile their past by changing our attitudes.

The Thoughts from the Criminology Team wish Happy Holidays to all.

 

Verses included from “Joy to the World”, “O Holy Night” “The First Noel” “Hark The Herald Angel Sings”

 

*I am not too sure if you can still smile after hours of hearing the same tunes over and over as some people do who work in retail.

Have you been radicalised? I have

Sylvia-Pankhurst_1

On Tuesday 12 December 2018, I was asked in court if I had been radicalised. From the witness box I proudly answered in the affirmative. This was not the first time I had made such a public admission, but admittedly the first time in a courtroom. Sounds dramatic, but the setting was the Sessions House in Northampton and the context was a Crime and Punishment lecture. Nevertheless, such is the media and political furore around the terms radicalisation and radicalism, that to make such a statement, seems an inherently radical gesture.

So why when radicalism has such a bad press, would anyone admit to being radicalised? The answer lies in your interpretation, whether positive or negative, of what radicalisation means. The Oxford Dictionary (2018) defines radicalisation as ‘[t]he action or process of causing someone to adopt radical positions on political or social issues’. For me, such a definition is inherently positive, how else can we begin to tackle longstanding social issues, than with new and radical ways of thinking? What better place to enable radicalisation than the University? An environment where ideas can be discussed freely and openly, where there is no requirement to have “an elephant in the room”, where everything and anything can be brought to the table.

My understanding of radicalisation encompasses individuals as diverse as Edith Abbott, Margaret Atwood, Howard S. Becker, Fenner Brockway, Nils Christie, Angela Davis, Simone de Beauvoir, Paul Gilroy, Mona Hatoum, Stephen Hobhouse, Martin Luther King Jr, John Lennon, Primo Levi, Hermann Mannheim, George Orwell, Sylvia Pankhurst, Rosa Parks, Pablo Picasso, Bertrand Russell, Rebecca Solnit, Thomas Szasz, Oscar Wilde, Virginia Woolf, Benjamin Zephaniah, to name but a few. These individuals have touched my imagination because they have all challenged the status quo either through their writing, their art or their activism, thus paving the way for new ways of thinking, new ways of doing. But as I’ve argued before, in relation to civil rights leaders, these individuals are important, not because of who they are but the ideas they promulgated, the actions they took to bring to the world’s attention, injustice and inequality. Each in their own unique way has drawn attention to situations, places and people, which the vast majority have taken for granted as “normal”. But sharing their thoughts, we are all offered an opportunity to take advantage of their radical message and take it forward into our own everyday lived experience.

Without radical thought there can be no change. We just carry on, business as usual, wringing our hands whilst staring desperate social problems in the face. That’s not to suggest that all radical thoughts and actions are inherently good, instead the same rigorous critique needs to be deployed, as with every other idea. However rather than viewing radicalisation as fundamentally threatening and dangerous, each of us needs to take the time to read, listen and think about new ideas. Furthermore, we need to talk about these radical ideas with others, opening them up to scrutiny and enabling even more ideas to develop. If we want the world to change and become a fairer, more equal environment for all, we have to do things differently. If we cannot face thinking differently, we will always struggle to change the world.

 

For me, the philosopher Bertrand Russell sums it up best

Thought is subversive and revolutionary, destructive and terrible; thought is merciless to privilege, established institutions, and comfortable habits; thought is anarchic and lawless, indifferent to authority, careless of the well-tried wisdom of the ages. Thought looks into the pit of hell and is not afraid. It sees man, a feeble speck, surrounded by unfathomable depths of silence; yet it bears itself proudly, as unmoved as if it were lord of the universe. Thought is great and swift and free, the light of the world, and the chief glory of man (Russell, 1916, 2010: 106).

 

Reference List:

Russell, Bertrand, (1916a/2010), Why Men Fight, (Abingdon: Routledge)

#EveryCanHelps? Why are we normalising foodbanks and poverty?

foodbanks

Over the last two weeks, twitter was littered with Conservative MPs posing at foodbanks, thanking the public for donations and showing their support for this vital service. On seeing the first one I thought this was a strange way to show compassion for those in need, given how the increased use of foodbanks is directly linked to austerity policies, the rollout of universal credit and is one of the issues raised by a recent report on the impact of poverty in the UK (Equality and Human Rights Commission, 2018). The report states that spending cuts from austerity led policies have put Britain in breach of its human rights obligations and highlights discriminatory issues, as these cuts have adversely affected low income and lone parent families, ethnic minorities and the disabled. It recommends more investment in health, social care, education and housing, and a rethink of Universal Credit. In addition, a report by the United Nations has described current government policies as ‘punitive, mean-spirited and often callous’ in their impact on the most vulnerable, more alarming given we are still one of the richest countries in the world (UN, 2018).

The responses on twitter articulated what I was feeling, ranging from incredulity, to anger and shock. It is a strange state of affairs when politicians see this as a cause for celebration, but then, there is little else to choose from, in relation to policies introduced in the last two years. The cognitive dissonance between thinking this presents them as compassionate and caring about problems they have created is quite an achievement. But then, I also know I really should not be surprised – I never believed Conservatives could be considered compassionate and anything but concerned with their own interests and dismissive of those in need. When Conservative MPs received the memo to pose at foodbanks, I wonder how many refused? Or how many believed this would be accepted as an example of celebrating charity, because even at Christmas, we all too easily normalise this level of deprivation, and rationalise it as due to individual circumstances, and not structural inequalities.

 

The wording of the UN report is clear in its condemnation and recognition that in Britain, the government lack the political will to help those most in need, given that tax cuts signalling the ‘end of austerity’ have once again benefitted the rich, under the auspices of this wealth trickling down in the form of jobs and increased wages. However, the EHRC and UN reports have emphasised how these policies are disproportionately affecting those who cannot work, or can only do part time work, or who face discrimination and disadvantage, including employment opportunities and prospects. When foodbanks were first set up, I honestly believed this was a temporary fix, never did I think still in 2018 they would be still be needed and indeed, be increasingly used. I also never would have imagined they would be held up as an example of the good work of charities adopted as a PR stunt by the very people who have created the inequalities and harm we see today.

 

The small glimmer of hope is the protest in one of these pictures, and the responses via twitter which reflected how I felt. There was a clear backlash in Scotland, where it was reported that a record number of supplies were needed as Universal Credit was rolled out, and where there were calls to foodbanks and supermarkets to refuse to pose with Conservative MPs. Alas, my fear is beyond the twittersphere, most people can rationalise this as acceptable. After all, should we not celebrate charity and helping those in need at this time of year? Is this just an example of good will and thinking of others? Well, yes of course, and if these photos were simply asking people to donate without the MPs responsible being there, I would think most of us would perhaps be reminded we can do our bit to help, and we should. The presence of the MPs and acceptance of this as good PR is what really worries me, that people will still vote for a party which has been described as cruel and punitive and believes this sort of promotion makes them look good. The irony that our current Prime Minister once herself warned that the Conservatives were becoming the ‘nasty party’ is staggering. For what she now resides over are policies which are internationally condemned as harmful, discriminatory and callous.

 

The other slight glimmer of hope is some commentators suggest this stunt reflects rumours of a general election on the horizon, as while Theresa May celebrated the ‘success’ of negotiating a deal with the European Union, it seems this was short-lived once parliament began to debate the deal and may trigger an election. The UN report suggested that Brexit has been so much of a distraction for MPs and the public that we are not seeing domestic problems as a priority. I think for many there is a sense that once this deal is done, we can get on with resolving other issues. But for this government, I don’t think that is the case. I think for Conservatives, these negotiations and now parliamentary debates are a welcome distraction and a narrative which fits their lack of will to actually address the harms caused by austerity. A general election may bring about change and force MPs to confront where we are today as a result of political choices, but this depends on how we all really feel about poverty, homelessness, discrimination and disadvantage. I wonder if too many feel these are insurmountable problems, inevitable and therefore, beyond the abilities of government to address. But the UN and EHRC reports clearly tell us this is not the case. I hope we do get an opportunity to hold this government to account sooner rather than later. But most of all, I hope that more of us actually take up this opportunity and not allow what we see today to continue.

 

 

Susie Atherton

Senior Lecturer in Criminology

Equality and Human Rights Commission (2018) The cumulative impact on living standards of public spending changes, available from https://www.equalityhumanrights.com/en/publication-download/cumulative-impact-living-standards-public-spending-changes

United Nations (2018) Statement on Visit to the United Kingdom, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights, see https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23881&LangID=E

 

 

 

 

Majority Verdicts and Reasonable Doubt

Gavel, scales of justice and law books

Recently I attended an Inside Justice Live Crime event hosted by Anglia Law School at Anglia Ruskin University. The last speaker for the evening was Kevin Lane who is trying to have his wrongful conviction overturned, during his discussion he mentioned that he was found guilty of murder by a 10-2 majority verdict. It came as quite a shock to me to hear that majority verdicts are used for murder charges in England.

In 1994 Robert Magill was shot dead by a hitman while walking his dog in Hertfordshire, two men fled the scene in a BMW car. In 1995 Lane and a co-accused were charged with the murder of Magill. The prosecution alleged that Lane had received payment for this murder and submitted that fingerprints were found in bin liners in the car. Police were unable to link Lane to the scene of the crime, were unable to prove he had received payment, and he has always maintained his innocence.

There were a number of limitations and concerns in this case – the murder weapon was never recovered, two prime suspects who were brought to the police’s attention soon after the murder were not properly investigated and were later found to have an inappropriate relationship with the investigating police officer, and there were on going disclosure problems. Further, in 2002 the investigating officer was sent to prison for four years of conspiracy to steal ‎£160,000 from the Hertfordshire Police and misconduct in a public office. (This is a very brief summary of a complicated case).

A majority verdict is used when the jury cannot reach a unanimous verdict and where the jury consists of usually 12 jurors and at least 10 or 11 agree (depending on the jurisdiction) – under certain conditions the judge is able to accept the jury’s verdict. The provision of a majority verdict is generally used when a prescribed period of time has elapsed, and the judge is satisfied that the jury are unlikely to reach a unanimous verdict after further deliberation. Majority verdicts have been used in England since 1974 and were originally introduced to prevent the intimidation or bribing of jurors.

While I am aware of majority verdicts, as they are used in Queensland, Australia (where I completed my legal education). Majority verdicts cannot be used for murder trials, for an offence which has mandatory life imprisonment as a penalty, and Commonwealth offences. The overall concern with majority verdicts is that if the jury is unable to reach a unanimous decision then they cannot be said to have reached a decision ‘beyond a reasonable doubt’ which is the standard of proof for criminal matters, and as a consequence have demonstrated reasonable doubt.

Unanimous jury verdicts have been part of the common law since the 14thcentury. Prior to 1866, if a jury could not reach an agreement they could be ‘carried around in a wagon with the court without meat or drink, fire or candle until they were starved or frozen into agreement.’ We have obviously come a long way since the days of locking jurors up and separating them from their family and friends until they reached a decision.

Using unanimous verdicts is argued to reduce the risk of convicting an innocent person, that unanimity is a fundamental feature of a jury trial, it leads to better deliberation, and that disagreement in a jury is not unreasonable. When considering the issue from the perspective of the accused, majority verdicts place them at a great disadvantage when one considers that the prosecution has much more resources. There are already a number of contributors to wrongful convictions which the accused needs to contest with, and the fact that appeals are very difficult.

It can be argued there are benefits for majority verdicts – they reduce the instance of a hung jury (where the accused is neither acquitted or convicted) and the potential for a retrial (and the economic cost associated for a criminal justice system which is already overloaded). Majority verdicts are said to overcome problems with ‘rogue’ jurors, bribery and intimidation. The use of majority verdicts allows there to be finality in the case for the victim/s, the accused, the family and friend of the victim/s and accused, and the community.

Personally, I believe that in the interest of justice majority verdicts should not be used in serious criminal cases – such as murder and offences which carry mandatory life imprisonment penalty. These cases are much too serious and if reasonable doubt is present then this should be recognised. In Kevin Lane’s case he would not have been convicted, served 18 years in prison, and still be trying to overturn his conviction.

Further reading

Cowdery, N. (2007). Majority jury verdicts. Reform Issue. 90, 18-19.

Garrett, B.L. & Neufeld, P.J. (2009). Invalid forensic science testimony and wrongful convictions. Virginia Law Review. 95(1), 1-97.

Gray, A. (2009). A guarantee right to trial by jury at state level? Australian Journal of Human Rights. 15(1), 97-125.

Roberts, S. & Weathered, L. (2009). Assisting the factually innocent: The contradictions and compatibility of Innocence Projects and the Criminal Cases Review Commission. Oxford Journal of Legal Studies. 29(1), 43-70.

Sankoff, P. (2006). Majority jury verdicts and the Charter of Rights and Freedoms. UBC Law Review. 39(2), 333-369.

Forgotten

HMS Hood

It is now nearly two weeks since Remembrance Day and reading Paula’s blog.  Whilst understanding and agreeing with much of the sentiment of the blog, I must confess I have been somewhat torn between the critical viewpoint presented and the narrative that we owe the very freedoms we enjoy to those that served in the second world war.  When I say served, I don’t necessarily mean those just in the armed services, but all the people involved in the war effort.  The reason for the war doesn’t need to be rehearsed here nor do the atrocities committed but it doesn’t hurt to reflect on the sacrifices made by those involved.

My grandad, now deceased, joined the Royal Navy as a 16-year-old in the early 1930s.  It was a job and an opportunity to see the world, war was not something he thought about, little was he to know that a few years after that he would be at the forefront of the conflict. He rarely talked about the war, there were few if any good memories, only memories of carnage, fear, death and loss.  He was posted as missing in action and found some 6 months later in hospital in Ireland, he’d been found floating around in the Irish Sea.  I never did find out how this came about. He had feelings of guilt resultant of watching a ship he was supposed to have been on, go down with all hands, many of them his friends.  Fate decreed that he was late for duty and had to embark on the next ship leaving port. He described the bitter cold of the Artic runs and the Kamikaze nightmare where planes suddenly dived indiscriminately onto ships, with devastating effect. He had half of his stomach removed because of injury which had a major impact on his health throughout the rest of his life. He once described to me how the whole thing was dehumanised, he was injured so of no use, until he was fit again.  He was just a number, to be posted on one ship or another. He swerved on numerous ships throughout the war. He had medals, and even one for bravery, where he battled in a blazing engine room to pull out his shipmates. When he died I found the medals in the garden shed, no pride of place in the house, nothing glorious or romantic about war. And yet as he would say, he was one of the lucky ones.

My grandad and many like him are responsible for my resolution that I will always use my vote.  I do this in the knowledge that the freedom to be able to continue to vote in any way I like was hard won.  I’m not sure that my grandad really thought that he was fighting for any freedom, he was just part of the war effort to defeat the Nazis. But it is the idea that people made sacrifices in the war so that we could enjoy the freedoms that we have that is a somewhat romantic notion that I have held onto.  Alongside this is the idea that the war effort and the sacrifices made set Britain aside, declaring that we would stand up for democracy, freedom and human rights.

But as I juxtapose these romantic notions against reality, I begin to wonder what the purpose of the conflict was.  Instead of standing up for freedom and human rights, our ‘Great Britain’ is prepared to get into bed with and do business with the worst despots in the world. Happy to do business with China, even though they incarcerate up to a million people such as the Uygurs and other Muslims in so called ‘re-education camps’, bend over backwards to climb into bed with the United States of America even though the president is happy to espouse the shooting of unarmed migrating civilians and conveniently play down or ignore Saudi Arabia’s desolation of the Yemini people and murder of political opponents.

In the clamber to reinforce and maintain nationalistic interests and gain political advantage our government and many like it in the west have forgotten why the war time sacrifices were made.  Remembrance should not just be about those that died or sacrificed so much, it should be a time to reflect on why.

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