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White and Male: the diversity of the judiciary
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.
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Oh, just f*** off.
A strange title to give to a blog but, one that expresses my feelings every time I turn the television and watch politicians procrastinating about a major issue. How else do I try and express my utter contempt for the leaders of this country that cause chaos and misery and yet take no responsibility for what they have done.
I watch Donald Trump on television and I’m simply given to thinking ‘You’re an idiot’, I appreciate that others may have stronger words, particularly some immigrants, legal or illegal, in the United States. I will draw parallels with his approach later, how could I not, given the Empire Windrush disgrace.
A week or so ago a significant topic on the news was the gender pay gap. The Prime Minister Theresa May was all over this one, after all it is the fault of corporations and businesses the pay gap exists. No responsibility there then but votes to be had.
Within the same news bulletin, there was an interview with a teacher who explained how teachers were regularly taking children’s clothes home to wash them as the family couldn’t afford to do so. Children were appearing at school and the only meal they might have for the day was the school meal. Now that might seem terrible in a third world country but he wasn’t talking about a third world country he was talking about England. Surprisingly, the prime minister was not all over that one, no votes to be had.
Within the same time frame there were more deaths in London due to gang crime. The Prime Minister and the Home Secretary Amber Rudd were all over that one, well of sorts, but then it is a political hot potato. The police and the community need to do more, an action plan is produced.
Then we have the Windrush debacle, tragedy and disgrace. The Home Secretary eventually said she was sorry and blamed the civil servants in the Home Office. They had become inhuman, clearly not her fault. The Prime Minister said sorry, it was under her watch at the Home Office that the first seeds of this disaster were plotted and then hatched, clearly though not her fault either. Got the right wing votes but seem to have lost a few others along the way.
What ties all of these things together; class structure, inequality and poverty and an unwillingness in government to address these, not really a vote winner. The gender pay gap is someone else’s fault and even if addressed, won’t deal with the inequalities at the bottom of the pay structure. Those women on zero hour contracts and minimum wages won’t see the benefit, only those in middle or higher ranking jobs. Votes from some but not from others, a gain rather than any loss.
The fact that children exist in such poverty in this country that teachers have to intervene and take on welfare responsibilities is conveniently ignored. As is the fact that much of the violence that plagues the inner city streets happens to occur in poor neighbourhoods where social and economic deprivation is rife. The Windrush issue is just another example of right wing rhetoric leading to right wing action that impacts most on the vulnerable.
When the gender pay gap hit the news there was a senior figure from a company that appeared in the news. He said that addressing the gender pay gap by having more women in higher positions in his company was good for the company, good for the country, and good for the economy.
Judging from the example given by the country’s senior management, I have to say I am far from convinced. And yes as far as I’m concerned, when they open their mouths and pontificate, they can just f*** off.
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LET’S END HATE CRIME
Chris is a BA Criminology graduate of 2017 and was motivated to write this blog through the experience of his own dissertation. His dissertation was on the Experience of Hate crime: Exploring professional perspectives of racist hate crime against ethnic minority.
The issue of racially motivated violence against ethnic minority groups in the UK was an important focus of media discussion both during and after the referendum on leaving the EU. Hate crimes, in general, have often been a source of debate for legal theorists, academics, politicians, journalists and law enforcement officials. Many perceive it to be a crime that is usually driven by prejudice towards the victim. Professionals working in the field have therefore all made efforts to understand and address hate crime, as one of the most unpleasant manifestations of human prejudice.
As a research topic, racist hate crime within the UK has been widely explored ever since the unprovoked racist murder of black teenager Stephen Lawrence, who was stabbed to death in south-east London twenty-three years ago. His unfortunate death led to a determined campaign for justice by his family spanning many years. It is therefore argued that “Stephen’s death had come to personify racial violence in the UK”; the vigorous campaign by Stephen’s parents had since led to changes in the law and given a voice to victims of hate crimes.
The findings in my dissertation revealed that victims of racially aggravated incidents experience immense psychological and physical harm. In essence, racially motivated incidents harm society and destroy community cohesion among different ethnic groups. The racial abuse inflicted on victims often leaves them in constant fear that the incident may happen again. Eastern Europeans were particularly found to be prone to racial attacks following the decision of the UK to leave the EU. Racial violence is an ongoing social phenomenon, as incidents of such violence often seem to occur without end.
The data I collected suggested that victims of racist hate crime isolate themselves and adopt different ways to avoid direct contact with the offender; hence this creates barriers for the victim and their family members and may prevent them from using local amenities. Victims of racist crime would rather use the facilities of nearby cities or towns, and this further deepens their social isolation from the local community. Victims will constantly worry about where to socialise, which community to live in, which school their children should attend and where to work.
New victims are being targeted as a result of the recent arrival of refugees, asylum seekers and migrant workers from Eastern Europe. Indeed, migrant workers from the EU have suffered the greatest number of racial attacks in the past year. This has occurred in line with the view presented by some politicians in the media that the purpose of the EU referendum is to enable the UK to take control of its borders.
The issue of race and immigration has been shown to be consistent within the broader research literature on racist hate crime. Like wise, my dissertation findings also suggest links between race and immigration, as both of my participants did not generalise the concept of race. Instead, they discussed and associated it with ethnic minority groups or those deemed inferior by the dominant population. In other words, participants associated race with individuals that have experienced racial abuse and hostility by the host population.
Indeed, race and immigration have been socially constructed and this has reinforced stigmatisation towards already marginalised groups. In essence, there is very little political will to change or even challenge prejudiced and discriminatory views against foreigners. Racial violence is an ongoing social phenomenon, as incidents of such violence often seem to occur without end. A recent data recorded by the Crime Survey for England and Wales indicates that victims of hate crimes are more likely to be repeat victims and up to four times more likely to suffer more serious psychological impacts.
In sum, the data I collected towards my dissertation strongly suggests that victims of racially aggravated incidents undergo an immense amount of psychological and physical harm. The racial abuse inflicted on victims was found to leave an enduring impression of constant fear that the incident may happen again. Nevertheless, with one voice let’s end Hate Crime.
