Thoughts from the criminology team

Home » Crime and Justice

Category Archives: Crime and Justice

Advertisements

The roots of criminology; the past in the service of the future;

SessionsHouse

In a number of blog posts colleagues and myself (New Beginnings, Modern University or New University? Waterside: What an exciting time to be a student, Park Life, The ever rolling stream rolls on), we talked about the move to a new campus and the pedagogies it will develop for staff and students.  Despite being in one of the newest campuses in the country, we also deliver some of our course content in the Sessions House.  This is one of the oldest and most historic buildings in town.  Sometimes with students we leave the modern to take a plunge in history in a matter of hours.  Traditionally the court has been used in education primarily for mooting in the study of law or for reenactment for humanities.  On this occasion, criminology occupies the space for learning enhancement that shall go beyond these roles.

The Sessions House is the old court in the centre of Northampton, built 1676 following the great fire of Northampton in 1675.  The building was the seat of justice for the town, where the public heard unspeakable crimes from matricide to witchcraft.  Justice in the 17th century appear as a drama to be played in public, where all could hear the details of those wicked people, to be judged.  Once condemned, their execution at the gallows at the back of the court completed the spectacle of justice.  In criminology discourse, at the time this building was founded, Locke was writing about toleration and the constrains of earthy judges.  The building for the town became the embodiment of justice and the representation of fairness.  How can criminology not be part of this legacy?

There were some of the reasons why we have made this connection with the past but sometimes these connections may not be so apparent or clear.  It was in one of those sessions that I began to think of the importance of what we do.  This is not just a space; it is a connection to the past that contains part of the history of what we now recognise as criminology.  The witch trials of Northampton, among other lessons they can demonstrate, show a society suspicious of those women who are visible.  Something that four centuries after we still struggle with, if we were to observe for example the #metoo movement.  Furthermore, from the historic trials on those who murdered their partners we can now gain a new understanding, in a room full of students, instead of judges debating the merits of punishment and the boundaries of sentencing.

These are some of the reasons that will take this historic building forward and project it forward reclaiming it for what it was intended to be.  A courthouse is a place of arbitration and debate.  In the world of pedagogy knowledge is constant and ever evolving but knowing one’s roots  allows the exploration of the subject to be anchored in a way that one can identify how debates and issues evolve in the discipline.  Academic work can be solitary work, long hours of reading and assignment preparation, but it can also be demonstrative.  In this case we a group (or maybe a gang) of criminologists explore how justice and penal policy changes so sitting at the green leather seats of courtroom, whilst tapping notes on a tablet.  We are delighted to reclaim this space so that the criminologists of the future to figure out many ethical dilemmas some of whom  once may have occupied the mind of the bench and formed legal precedent.  History has a lot to teach us and we can project this into the future as new theoretical conventions are to emerge.

Locke J, (1689), A letter Concerning Toleration, assessed 01/11/18 https://en.wikisource.org/wiki/A_Letter_Concerning_Toleration

Advertisements

Congratulations, but no Celebrations

A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse.  I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right.  It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms.  A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’.  And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country.  But Sir Cliff was never charged nor even arrested, he is innocent.

The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered.  He too is innocent and yet is listed amongst many others on a website called the Creep Sheet.  The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence.  The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.

The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court.  Their concern is the freedom of the press and the rights of the public, citing public interest.  Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases.  Allegations therefore need to be publicised to encourage victims to come forward.  This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002).  But what of the accused, are they to be thrown to the wolves?

Balancing individual freedoms and the rights of others including the press is an almost impossible task.  The focus within the criminal justice system has shifted and some would say not far enough in favour of victims.  What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’.  It is easy to make allegations, not easy to prove them and even more difficult to disprove them.  And so, a new maxim, ‘guilty by accusation’.  The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.

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

Hazel wordle

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.

 

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].

 

%d bloggers like this: