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The Ever Rolling Stream Rolls On

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Professor Nick Petford is the Vice Chancellor of the University of Northampton.

As we gear up to leave Park Campus for Waterside it is only natural to feel a sense of loss. Park has been a great place to work and play and will hold a special place in many hearts, as summarised nicely by Bethany Davies from the Criminology team in a recent Blog.

When I took up post as VC in September 2010 I inherited a draft master plan for the University Estate. It was clear that the split campus was a concern to the previous management team and that both estates were starting to look tired. There were several options on the table. One was to move Avenue to Park. The other was expansion of Avenue and closer physical integration with Newton. The showcase element was a huge glass dome, bigger than the one at the British Museum, enclosing most of the courtyard space at Avenue under one roof. Both were impractical. Building Avenue on Park would have consumed most of the sports fields and greenery that makes it what it is. And the disruption of turning Park into a building site for 36 months would do little to improve the student or staff experience. But it would have achieved a single university site, unlike the Avenue plan that would have entrenched the status quo (with a big window cleaning bill to boot!). Not long after my arrival, and with a change in the way government wanted to drive the regional growth agenda, the newly established SEMLEP created in Northampton a 16 mile stretch of brownfield land bordering the River Nene as an Enterprise Zone. The rest, as they say, is history.

An enduring aspect of higher educational institutions is change. Depending on timing, from a personal viewpoint it can be a slow, almost glacial process. For others, caught up in periods of rapid transition, as we are now, the hurly burley can feel almost overwhelming. But change is always there. And Northampton is no exception. For those suspicious this is more spin than substance I can recommend The Ever Rolling Stream, a book compiled and printed in 1989 by the 567th Mayor of Northampton, David Walmsley, that charts the history of Higher Education in Northampton. In short, the key events culminating in the present University are:

 

1260:               Ancient University

1867:               Mechanics Institute

1932:               Northampton Technical College (St George’s Avenue)

1967:               University of Leicester University Centre, Northampton

1972:               Northampton College of Education (Park Campus)

1975:               Nene College of Higher Education

1978:               The National Leathersellers Centre

1982:               Sunley Management Centre

1989:               Release from local authority control

1999:               University College Northampton

2005:               The University of Northampton

2018:               Waterside.

The picture is one of periods of relative stability (including a c. 700 year sabbatical!), punctuated by mergers and consolidation. Our most rapid phase of change took place in the six years between 1972 and 1978 and involved the relocation, merger and subsequent closure of four separate educational establishments that ultimately comprise Park Campus as we know it today. Each of these phases would have been a unique cause of excitement, stress, resignations, hope and probable despair! But together they have two things in common – they happened mostly outside our working experience, and (ancient university excepted), ended in success. In our history of relocations and mergers, the inevitable conversations between doubters and advocates are lost in time, one exception being the amalgamation in 1937 of the School of Art in Abington Street, with the Technical College, which seems particularly vexed. Against this backdrop we see Waterside simply as the next stage in our evolution.

The title for Ever Rolling Stream comes from the hymn ‘O God our Help in Ages Past’. It sums up brilliantly the feeling of loss and the inevitability of change:

 

Time, like an ever-rolling stream,

Bears all its sons away;

They fly forgotten as a dream

Dies at the opening day.

 

Yes, think kindly of Park, and Avenue, mourn even as others will have done over those antecedents that culminated in our present estate. But don’t think you are the first to do so. Who knows, at some time in the future, staff and students not yet born will be contemplating a move from Waterside to a new horizon, as the ever rolling stream rolls on.

 

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Just Keep Swimming

Just keep swimming

This isn’t going to be the intellectual blog post I had expected myself to write. I am writing this as I am undertaking my post-grad dissertation and in all honesty, I can’t be bothered anymore. And I feel secure in the fact that I am not the only person who feels this and I most certainly will not be the last. Heck, I’ve been close to giving up altogether a handful of times throughout both my under and post-grad. I will be the first to admit that I don’t know how to leave work mode alone when I have deadlines due. And it is only through friends and family that I have to be reminded that all work and no play, doth not make for a mentally healthy Bronagh. I have always struggled separating the two and have been known to cancel or decline plans so I can do work; low and behold, I don’t write a word.

Be mindful of your mental health. You can’t work at it constantly. Between work and uni, you need to allow yourself those stress-free days off so you can produce the best work that you are capable of. I hate to harp on about the most obvious scenario. But as someone who felt bad for taking time off to have fun and as someone who is currently struggling for the motivation to complete this dissertation, just know that you are not alone. It is not uncommon to feel burnt out towards the end of your degree, be it 1 year, 3 years, or more. Just know that you have not come this far to fall at the final hurdle.

My biggest motivation was having friends going through the same situation. Meeting up to go the library so none of us bailed. Telling one another to “shut up, we need some quiet time”, putting headphones in so as not to get dragged into another one-hour chat about that dire television show we all watched the other night.  As with everything, it’s all about moderation. You are your own worst enemy, but it is you who will pull yourself out of your slump and show your self-doubt that you are both capable and worthy. This isn’t forever and you will relish those days where you have no deadlines to worry about, but trust me, you will also miss them. Do not let these tough times get the better of you and certainly do not let them put you off any possibilities of further education. The motivation will come and you will get there in the end. Carry on doing the things you enjoy and take everything in your stride.

Just keep swimming, you’ve got this.

The Voice Behind the Music

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Marginalised voices were the focal point of my dissertation.

My dissertation explored social issues through the musical genres of Rap and Hip-Hop. During the time period of writing my dissertation there was the rising debate surrounding the association of a new genre, Drill music, being linked to the rise in violent crimes by young people in England (London specifically). The following link to an article from the Guardian newspaper will provide a greater insight to the subject matter:

The idea of music having a direct correlation with criminality sweeps issues such as poverty, social deprivation, class and race all under the rug; when in reality these are just a few of the definitive issues that these marginalised groups face. We see prior examples of this in the late 80s, with rap group N.W.A with their song “F*** the police”. The song surrounded the topic of police brutality and brought light to the disgust and outrage of the wider community to this issue. Simultaneously to this, the N.W.A were refused from running concerts as they were accused of starting revolts. The song was made as a response to their environment, but why is freedom of speech limited to certain sectors of society?

In the present day, we see young people having lower prospects of being homeowners, high rates of unemployment, and the cost of living increasing. In essence the rich are getting richer and the poor continue to struggle; the violence of austerity at its finest. Grenfell Tower is the perfect example of this, for the sake of a cheaper cost lives were lost. Simply because these individuals were not in a position to greatly impact the design of their housing. Monetary status SHOULD NOT determine your right to life, but unfortunately in those circumstances it did.

The alienation of young people was also a topic that was highlighted within my research into my dissertation. In London specifically, youth clubs are being closed down and money is being directed heavily towards pensions. An idea would be to invest in young people as this would potentially provide an incentive and subsequently decrease the prospect of getting involved in negative activities.

In no means, was the aim to condone the violence but instead to simply shed light on the issues that young people face. There is a cry for help but the issue is only looked at from the surface as a musical problem. If only it were that simple, maybe considering the voice behind the music would lead to the solution of the problem.

 

Autism: Police discretion and decision making in an uncertain environment

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A question that always strikes when discussing my dissertation topic is why did I chose that particular area to research – is it a topic that I was passionate about, or was it my personal life experience that lead me into that field? The answer to these questions is quite simply, no. In fact, it was a topic I accidentally fell into after reading existing research on the area for one of my other modules in second year. Intellectual disabilities within the Criminal Justice System are quite often misunderstood, and as with all academics, the more I read the more questions I had. Taking this topic at face value, the field is extremely vast, therefore after taking some time to digest many angles of research I narrowed my topic down into two areas. Firstly, an institution that I have always been interested in, policing, and one intellectual disability in particular, autism (ASD).

To give you a brief background; the examination of the relationship between criminal offending and intellectual impairments is proved as complex and problematic. This is due to the issues associated with the definition of intellectual disability, as well as the contribution of unreported crime which means researchers can only examine individuals who are currently involved in the criminal justice process (Talbot, 2007). From a policing perspective, these complexities and concerns increase in terms of conflicting procedures and relevant training which can later impact levels of service and effective results (Mercier, 2011). Amongst academic literature, it is evident that contemporary policing institutions are subject to increasing budget cuts which means that police staff must exercise discretion in processing large amounts of work with inadequate resources, in which shortcuts and simplifications are made (Lipsky 2010; Loftus 2012). This is highly problematic as policies have a tendency to occupy a one size fits all approach. In effect, this becomes increasingly difficult when dealing with individuals with autism, as increased support and time is needed to sufficiently deal with vulnerable groups.

In terms of Autistic Spectrum Disorder (ASD), this is a common form of learning impairment which can affect patterns of behaviour within a social setting. Autism is characterised by a triad of impairments, which includes difficulties in social interactions, communication and repetitiveness in daily activities (Roth, 2010, p.6). The varying expression and severity of these characteristics means that autism is recognised into sub-types, and therefore, is also considered as a spectrum disorder (King and Murphy, 2014).

On the occasions that an individual with ASD comes into contact with the police and wider criminal justice services, it is normally a result of their social and communication skills being misunderstood which means that they are not given the appropriate support (Cockram, 2005; Tucker et al, 2008). Research suggests that autistic individuals are likely to become extremely distressed in unfamiliar, confusing and loud situations whereby their actions and behaviour can be easily misinterpreted and subsequent actions could escalate the situation (Hayes, 2007). Complimented by the current implications previously discussed that are faced by the police and wider services, it is no surprise that there are issues and concerns surrounding police responses and decision-making processes towards the ASD community. After personally interviewing police constables and custody officers from Northamptonshire Police to investigate the initial responses when dealing with such individuals; the realities of such dilemmas were highlighted.

After now completing my studies with First Class Honours, I am now fortunate enough to work for The Appropriate Adult Service (TAAS) where such theoretical standpoints are often presented to me in a practical environment. From a personal judgement, Appropriate Adults can be easily dismissed, but just being a friendly face who can help and support a vulnerable person within a custody setting is far more rewarding than meets the eye. In fact, it is my dissertation itself that has lead me into this career and has now also given me a thirst for further study in my chosen research area.

References

Lipsky, M. (2010) Street- Level Bureaucracy: Dilemmas of the Individual in Public Services. New York: Russell Sage Foundation.  

Loftus, B. (2012) Police culture in a changing world. Oxford: Oxford University Press.

Mercier, C. (2011) The first critical steps through the criminal justice system for persons with intellectual disabilities. British Journal of Learning Disabilities. 39(2), pp.130-138.

Roth, L. (2010) Autism: an evolving concept. In: Roth, L. (ed.) The Autism Spectrum in the 21st Century: Exploring Psychology, Biology and Practice. 1st ed. London: Jessica Kingsley Publishers, pp.1-29.

It’s never too late

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‘It’s not too late to save Brexit’, Boris Johnson proclaimed in his resignation speech on Wednesday 18th July 2018.  But what sort of Brexit are we really talking about?  Well if you are confused, join the queue.  There’s hard Brexit and soft Brexit and one might suggest every type of Brexit imaginable if it scores political points.  There are calls for another referendum and a referendum on the final deal and probably a referendum on a referendum. With all the furore around Brexit it’s easy to forget what it was the British people were voting for in the first place.

As I recall, and I stand to be corrected, it was control of immigration foremost, they didn’t want any of those nasty little foreigners coming in here, taking our jobs and scrounging off the state whilst abusing the NHS.  Then they didn’t want to be told what to do by Brussels and they didn’t want to be paying Brussels billions that could go into the NHS.  We only had to look at increased waiting times for doctors’ appointments or the fact that we couldn’t find an NHS dentist to prove beyond doubt that immigration was out of control.  Scattered in amongst this was the opportunity to be great again, masters of our own destiny and to shatter the manacles that have held us back for so long.

The rhetoric smacked of xenophobia but above all else, it aligned with historical parallels where the others are to blame for the state of a nation.   The instant response of people facing difficulties is to find a scapegoat. Net migration has been a political hot potato for decades, duly made so by politicians and the media.  The papers report it as if every person that comes into the country is of little value and yet people fail to look around.  Who’s going to pick the crop this summer, who’s going to look after old people in nursing homes, who’s going to clean the hotel room, who’s going to do your dentistry or save your life in the operating theatre? Don’t make the mistake in thinking its British people because there aren’t enough of them that are prepared to be paid peanuts for doing menial work and not enough of them highly skilled enough to enter into medical practice.

The problem is that the ideas that so many people had about Brexit have been nurtured by politicians and newspapers alike. I rarely agree with Alister Campbell, but his comment about Paul Dacre the outgoing editor of the Daily Mail as a ‘truth-twisting, hypocritical, malign force on our culture and politics’ certainly has ring of truth to it.  But its not just the papers, it wasn’t that long ago that Theresa May as Home Secretary was lambasting Europe about Human Rights legislation and the fact that she couldn’t deport Abu Hamza, a hate preacher.  Anyone with a bit of savvy might have worked out that you can’t pick and choose human rights according to political whim and votes.  There’s a suggestion that we could have a British Bill of Rights, a bit like Human Rights but maybe with a proviso that the government and its agencies don’t have to abide by it if they don’t fancy.  A bit like Pick ‘n’ Mix, only not as sweet or tasty.  Theresa May as Home Secretary promised to bring immigration down but as so much of the media hastily reported, failed to do so.  Then there’s that Brexit bus proclaiming we would save billions that could go back into the NHS.  What a wonderful idea except that nobody mentioned there were debts to be paid first and as every good householder and economists know, the books have to be balanced. Fanciful notions filled people’s heads, Boris and Nigel Farage are very persuasive, and president Trump thinks Boris will make a good leader. A real vote of confidence.  So, what we ended up with was not so much a narrative about the benefits of staying in Europe and there are many, but a narrative about how Europe was to blame for the state of the country.  Government did their job well helped along by right wing lobbyists and pseudo politicians.

And I wonder, just a little bit, whether the country would have voted as it did armed with all the facts and cognisant of all the ramifications. Boris is right, its not too late, its not too late for the government to ask the nation what it really wants, its not too late to put their hands up and say we were wrong.

Divided States of America

 

For Criminology Post

Nahida is a BA (Hons) Criminology graduate of 2017, who recently returned from travelling.

Ask anyone that has known me for a long time, they would tell you that I have wanted to go to America since I was a little girl. But, at the back of my mind, as a woman of colour, and as a Muslim, I feared how I would be treated there. Racial discrimination and persecution is not a contemporary problem facing the States. It is one that is rooted in the country’s history.

I had a preconceived idea, that I would be treated unfairly, but to be fair, there was no situation where I felt completely unsafe. Maybe that was because I travelled with a large group of white individuals. I had travelled the Southern states, including Louisiana, Texas, Tennessee and Virginia and saw certain elements that made me uncomfortable; but in no way did I face the harsh reality that is the treatment of people of colour in the States.

Los Angeles was my first destination. It was my first time on a plane without my family, so I was already anxious and nervous, but on top of that I was “randomly selected” for extra security checks. Although these checks are supposedly random and indiscriminate, it was no surprise to me that I was chosen. I was a Muslim after all; and Muslim’s are stereotyped as terrorists. I remember my travel companion, who was white, and did not have to undergo these checks, watch as I was taken to the side, as several other white travellers were able to continue without the checks. She told me she saw a clear divide and so could I.

In Lafayette, Louisiana, I walked passed a man in a sandwich café, who fully gawked at me like I had three heads. As I had walked to the café, I noticed several cars with Donald Trump stickers, which had already made me feel quite nervous because several of his supporters are notorious for their racist views.

Beale Street in Downtown Memphis is significant in the history of the blues, so it is a major tourist attraction for those who visit. It comes alive at night; but it was an experience that I realised how society has brainwashed us into subliminal racism. The group of people I was travelling with were all white and they had felt uncomfortable and feared for their safety the entire time we were on Beale Street. The street was occupied by people of colour, which was not surprising considering Memphis’ history with African-Americans and the civil rights movement. That night, the group decided to leave early for the first time during the whole trip. I asked, “Do you think it’s our subconscious racist views, which explains why we feel so unsafe?” It was a resounding yes. As a woman of colour, I was not angry at them, because I knew they were not racist, but a fraction of their mind held society’s view on people of colour; the view that people of colour are criminals, and, or should be feared. That viewpoint was clearly exhibited by the heavy police presence throughout the street. It was the most heavily policed street I had seen the entire time I was in the States. Even Las Vegas’ strip didn’t seem to have that many police officers patrolling.

It was on the outskirts of Tennessee, where I came across an individual whose ignorance truly blindsided me. We had pulled up at a gas station, and the man approached my friends. I was inside the station at this point. The man was preaching the bible and looking for new followers for his Church. He stumbled upon the group and looked fairly displeased with the way they were dressed in shorts and skirts. He struck a conversation with them and asked generic questions like “Where are you from?” etcetera. When he found out the group were from England, he asked if in England, they spoke English. At this point, the group concluded that he wasn’t particularly educated. I joined the group outside, post this conversation, and the man took one look at me and turned to my friend who was next to him, and shouted “Is she from India?” The way he yelled seemed like an attempt to guage if I could understand him or not. Not only was that rude, but also very ignorant, because he made a narrow-minded assumption that a person of my skin colour, could not speak English, and were all from India.

I was completely taken aback, but also, I found the situation kind of funny. I have never met someone so uneducated in my entire life. In England, I have been quite privileged to have never faced any verbal or physical form of racial discrimination; so, to meet this man was quite interesting. This incident took place in an area populated by white individuals. I was probably one of the very few, or perhaps the first Asian woman he had ever met in his life; so, I couldn’t make myself despise him. He was not educated, and to me, education is the key to eliminating racism.

Also, the man looked be in his sixties, so his views were probably set, so anything that any one of us could have said in that moment, would never have been able to erase the years of discriminatory views he had. The bigotry of the elder generation is a difficult fight because during their younger days, such views were the norm; so, changing such an outlook would take a momentous feat. It is the younger generation, that are the future. To reduce and eradicate racism, the younger generation need to be educated better. They need to be educated to love, and not hate and fear people that have a different skin colour to them.

 

 

 

 

Thoughts from the British Society of Criminology Conference at Birmingham City University

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I attended the BSC conference last week, presenting a paper from my PhD research, doing the usual rounds of seeing familiar faces, meeting some new faces and hoping nobody uttered the words ‘well its more of an observation than a question’. There was one session which particularly inspired me and so is the focus of this blog. The key theme was that as criminologists and educators, we need to review the quality of methods of teaching to keep students engaged, but crucially, not to lose sight of the importance of the content. We must continue to introduce students to more challenging ideas and shift their thinking from accepted wisdom of how to ‘do justice’ and ‘why people commit crime’.

The session attended was on ‘Public Criminology’, which included papers on the experiences of LGBTQ communities in Turkey, with regards to police response to victimisation, another on the use of social media and other forms of broadcast used by academics on criminology programmes, the impact of the 2011 riots on social capital in the UK and the need to re-introduce political issues in teaching criminology. As with many sessions at large conferences, you never quite know what will emerge from the range of papers, and you hope there are some common themes for the panel and delegate to engage with in discussions. This certainly happened here, in what seems to be a diverse range of topics, we generated interesting discussions about how we understand crime and justice, how the public understand this, what responsibilities we have in teaching the next generation and how important it is to retain our critical focus. The paper that really resonated with me was delivered by Marc Jacobs from the University of Portsmouth on ‘The Myopia of Public Criminology and the need for a (re) Politicised Criminology Education’.  Marc was an engaging speaker and made a clear point about the need to continue our focus on the work of activist criminologists, who emerged during the 1970s, asking important questions about class, race and gender issues. He cited scholars such as Jock Young, Stuart Hall, Frances Heidensohn as pioneers in shining a light on the need to understand crime and justice from these diverse perspectives.

This is certainly what I remember from studying criminology as a post-graduate, and they have informed my teaching, especially criminological theories – I have always had a closer personal affinity with sociological perspectives, compared to biological and psychological explanations of crime. It also reminded me of a running theme of complaint from some students – political issues are not as interesting as say, examining the motivations of serial killers, neither are those lectures which link class, race and gender to crime, and which highlight how discrimination in society is reflected in who commits crime, why they do it, and why we respond the way we do. There is no doubt presenting students with the broader social, political and cultural contexts means they need to see the problem of crime as a reflection of these contexts, that is does not happen as a rare event which we can always predict and solve. It happens every day, is not always reported, let alone detected and solved, meaning that many people can experience crime, but may not experience justice.

As tempting as it might be to focus teaching and engage students through examining the motivation for serious crimes to reinforce students’ expectations of criminology being about offender profiling and CSI techniques which solve cases and allow us all to sleep safely, I’m afraid this means neglecting something which will affect their lives when they do look up from the fascinating case files. I am not advocating the exclusion of any knowledge, far from it, but we need to ensure that we continue to inform students about the foundations of our discipline, and that it is the every day events and the lack of access to justice which they also need to know about. They reflect the broader inequalities which feed into the incidences of crime, the discriminatory policies and practice in the CJS, and the acceptance of this by the public. Rawls (1971) presented justice as a ‘stabilising force’, a premise picked up by New Labour in their active citizenship and neighbourhood renewal agenda. There was an attempt to shift justice away from punitive and retributive responses, to make use of approaches which were more effective, more humane and less discriminatory. The probation services and courts were an important focus, using restorative and problem-solving approaches to genuinely implement Tony Blair’s manifesto promise to be tough on the causes of crime. However, he also continued the rhetoric of being tough on crime, and so there was sense of using community sentencing and community justice in a tokenistic way, and not tackling the broader inequalities and problems sufficiently to allow the CJS to have a more transformative and socially meaningful effect on crime (Donoghue, 2014; Ward, 2014). Since then, the punitive responses to crime have returned, accepted by the public, press and politicians, as anything else is simply too difficult a problem to solve, and requires meaningful and sustained investment. This has been a feature of community justice, half hearted attempts to innovate and adopt different approaches, all too easily overtaken by the need for a day in court and a custodial sentence. It shows what happens when the public accept this as justice and the function of the CJS, even though they are not effective, put the public at risk, and mean entrenched biases continue to occur.

This all emphasises the need to remember the foundations of our discipline as a critical examination of criminal justice and of society. In my own department, we have the debates about where we place theory as part of these foundations. These discussions occur in the context of how to engage students and maintain our focus on this, and it remains an important part of higher education to review practice, content and adapt to broader changes. Moving to a new campus means we have to re-think these issues in the context of the delivery of teaching, and I am all for innovations in teaching to engage students, making use of new technologies, but I firmly believe we need to retain our focus on the content which will challenge students. This is the point of higher education, to advance knowledge, to raise students’ expectations of their own potential and ask them to rethink what they know. The focus on ‘public criminology’ has justified using different forms of broadcast, from TV, tabloid press and social networking to disseminate knowledge and, hopefully, better inform the public, as a counter measure to biased reporting.  I don’t think it is desirable to TV producers to replace ‘I am a Killer’ on the Crime and Investigation network with ‘Adventures of a Problem-Solving Court’ or ‘Restorative Justice: The Facts’. Writing for the tabloid press seems to me an act of futility, as they have editorial control, they can easily misrepresent findings, and are not really interested in anything which shifts the notion of justice as needing to have a deterrent effect and to be a retributive act. Perhaps social networking can overcome this bias, but in an age of claims of fake news and echo chambers, this surely also has a limited affect. So, our focus must remain on our students, to those who will work within the CJS, social policy departments as practitioners, researchers and future academics. They need to continue to raise the debates about crime and justice which affect the marginalised, which highlight prejudice, discrimination and which ensure we continue to ask questions about these thorny, difficult and controversial issues. That, I think, is the responsibility we need to grasp, and it should form a core function of learning about criminology and criminal justice at University.

 

Susie Atherton

Senior Lecturer in Criminology

This entry was re-blogged by the British Society of Criminology blog on 17 July 2018

References

DONOGHUE, J. (2014) Transforming Criminal Justice? Problem-solving and court specialisation. London: Routledge.

RAWLS, J. (1971) A Theory of Justice. Cambridge, MA: Harvard University Press.

WARD, J. (2014) Are problem-solving courts the way forward for justice? London: Howard League for Penal Reform.

 

White and Male: the diversity of the judiciary

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My name is Anita and I graduated with a Criminology degree in 2016. I did have a great time at the University of Northampton. The course was challenging and intense however this meant that it provided me with the opportunity to overcome my barriers and develop myself both academically and personally. I miss going to lectures and seminars, revising for exams and even writing the dissertation. If you are reading this and you are in your third year, you are probably thinking that I am mad but I do miss it. I can’t help it! I can honestly say that going to University was the best decision I ever made and I would love to go back and do a postgraduate course. My advice to all students is enjoy it because time goes by so fast.

Before we start, please stop and think…… What percentage of court judges would you guess are women? How many members of the judiciary are from ethnic minorities?

If your guess is that we have a substancial amount of women and members from ethnic minorities in the judiciary, then this blog post might dissapoint you.

Let’s define the judiciary before we progress any further. The judiciary can be defined as ‘the judges of a country or a state, when they are considered as a group’ (Hornby, 2000, p.700).

The judiciary in the UK is dominated by Oxbridge educated white middle-class men. It is estimated that three quarters of all judges in England and Wales are male and 95% are white (Lieven, 2017). The gender imbalance can be well illustrated by looking at the Supreme Court. There is only one woman among the 12 Justices on the Supreme Court. Lady Hale is the only woman ever to serve on the Court and all of the judges are and have always been white. Only Armenia and Azerbaijan have lower proportions of women in their judiciary than the UK (Lieven, 2017). This is unacceptable in 2018, changes must be made to address this gender imbalance.

In terms of race, as at 1 April 2017, only 7% of court judges were Black, Asian or Minority Ethnic (BAME). Of these Asian and Asian British accounted for 3% and the remaining three groups, Black and Black British, Mixed Ethnicity and Other Ethnic Group at around 1% each (Ministry of Justice, 2017).

This shows that judges are not reflective of wider society. This is a significant problem because the public should be confident that the judiciary delivers justice fairly. The lack of diversity means that concerns about the legitimacy and objectivity of judgements may be raised.

There are three main explanations for the continuing lack of diversity. The first explanation is that there are not enough women, BAME people and people from less privileged backgrounds who would be suitable for appointment. However, I would question the validity of this argument. This explanation seems to suggest that women or BAME people might be lacking lacking adequate knowledge or experience. There is no evidence to support this argument.

The second explanation given is that women and BAME candidates do not apply for appointment. However, it could be argued that the issue is more complicated than simply failing to apply. For example, Allen (2009) found that when BAME candidates and solicitors do apply for appointment they are significantly less likely to be successful than white candidates or barristers. This shows that the issue is not the lack of applications received from women or BAME candidates but perhaps the discriminatory recruitment process.

The third explanation is that the key principle governing our appointments to judicial office is merit. Unfortunately, the term ‘merit’ is not defined, but the implication is that achieving merit and diversity are at odds.

In conclusion, the lack of diversity in the judicial system is very concerning and should be addressed as soon as possible. This needs to be done to ensure that our justice system is fair, accessible and efficient. It is in our interest to produce a judiciary of the highest quality that reflects the make-up of our nation. Difference should be valued and not feared.

References

Allen, A (2009) Barriers to Application for Judicial Appointment Research. London: Judicial Appointments Commission.
Hornby, A.S (2000) Oxford Advanced Learner’s Dictionary. 6th ed. Oxford: Oxford University Press.
Lieven, N (2017) Increasing judicial diversity. London: Justice.
The Ministry of Justice (2017) Judicial Diversity Statistics 2017. London: MOJ.

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?

Probation

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].

 

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