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Criminology: in the business of creating misery?

foucault

I’ve been thinking about Criminology a great deal this summer! Nothing new you might say, given that my career revolves around the discipline. However, my thoughts and reading have focused on the term ‘criminology’ rather than individual studies around crime, criminals, criminal justice and victims. The history of the word itself, is complex, with attempts to identify etymology and attribute ownership, contested (cf. Wilson, 2015). This challenge, however, pales into insignificance, once you wander into the debates about what Criminology is and, by default, what criminology isn’t (cf. Cohen, 1988, Bosworth and Hoyle, 2011, Carlen, 2011, Daly, 2011).

Foucault (1977) infamously described criminology as the embodiment of utilitarianism, suggesting that the discipline both enabled and perpetuated discipline and punishment. That, rather than critical and empathetic, criminology was only ever concerned with finding increasingly sophisticated ways of recording transgression and creating more efficient mechanisms for punishment and control. For a long time, I have resisted and tried to dismiss this description, from my understanding of criminology, perpetually searching for alternative and disruptive narratives, showing that the discipline can be far greater in its search for knowledge, than Foucault (1977) claimed.

However, it is becoming increasingly evident that Foucault (1977) was right; which begs the question how do we move away from this fixation with discipline and punishment? As a consequence, we could then focus on what criminology could be? From my perspective, criminology should be outspoken around what appears to be a culture of misery and suspicion. Instead of focusing on improving fraud detection for peddlers of misery (see the recent collapse of Wonga), or creating ever increasing bureaucracy to enable border control to jostle British citizens from the UK (see the recent Windrush scandal), or ways in which to excuse barbaric and violent processes against passive resistance (see case of Assistant Professor Duff), criminology should demand and inspire something far more profound. A discipline with social justice, civil liberties and human rights at its heart, would see these injustices for what they are, the creation of misery. It would identify, the increasing disproportionality of wealth in the UK and elsewhere and would see food banks, period poverty and homelessness as clearly criminal in intent and symptomatic of an unjust society.

Unless we can move past these law and order narratives and seek a criminology that is focused on making the world a better place, Foucault’s (1977) criticism must stand.

References

Bosworth, May and Hoyle, Carolyn, (2010), ‘What is Criminology? An Introduction’ in Mary Bosworth and Carolyn Hoyle, (2011), (eds), What is Criminology?, (Oxford: Oxford University Press): 1-12

Carlen, Pat, (2011), ‘Against Evangelism in Academic Criminology: For Criminology as a Scientific Art’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 95-110

Cohen, Stanley, (1988), Against Criminology, (Oxford: Transaction Books)

Daly, Kathleen, (2011), ‘Shake It Up Baby: Practising Rock ‘n’ Roll Criminology’ in Mary Bosworth and Carolyn Hoyle, (eds), What is Criminology?, (Oxford: Oxford University Press): 111-24

Foucault, Michel, (1977), Discipline and Punish: The Birth of the Prison, tr. from the French by Alan Sheridan, (London: Penguin Books)

Wilson, Jeffrey R., (2015), ‘The Word Criminology: A Philology and a Definition,’ Criminology, Criminal Justice Law, & Society, 16, 3: 61-82

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The Other Side of Intelligence

 

Thays blog image

After I graduated I had a bit of tunnel vision of what I wanted to do. I wanted to either work with young offenders or work with restorative justice. Many opportunities actually came up for me to do several different things, but nothing really worked out and nothing felt right.

I carried on working in retail till February 2018; I was honestly starting to lose hope that I would find something that I would enjoy. I started working for a security company that does many things; from employment vetting to gaining intelligence of various kinds. Although the role is not focused on the criminality side entirely, the theme is very much apparent. I find myself thinking about all the different concepts of criminology and how it ties in to what I am doing.

A big part of my role is intelligence and at first, I didn’t think I would enjoy it because I remember in third year in the module, Violence: Institutional Perspectives*; we looked at the inquiry Stockwell 1; an inquiry into the metropolitan police force following the death of Jean Charles de Menezes. Jean Charles was mistaken by intelligence officers for Hussain Osman, one of the terrorists responsible for the failed bomb attacks in London. This particular inquiry frustrated me a lot, because I just felt like, how is it possible for the police to mistake an individual for an innocent person. I just couldn’t accept when we were going through this case how trained officers were able to fail to identify the correct person, regardless of all the other factors that pointed to Jean Charles being the culprit. However, now being in a similar position I understand more how difficult it actually is to identify an individual and being 100% sure. There have been times in my line of work that I have had to question myself 2, 3, even 8 times if the person I found was really who I was looking for.

I do think I question it a lot more because I know how much my job can affect a person’s life and/or future. I do think criminology has been one of the best decisions I made. I know that I view things differently from other people I work with, even my family. Just little things that people tend not to notice I see myself. Thinking, but could it be because of this, or could it be because of that. Criminology really is part of everyday life, it is everywhere, and knowing everything I know today I wouldn’t have it any other way.

 

*Now CRI3003 – Violence: From Domestic To Institutional

The Voice Behind the Music

Sinead

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.

 

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].

 

Why Criminology terrifies me

Hitler-Jugend_(1933)

Cards on the table; I love my discipline with a passion, but I also fear it. As with other social sciences, criminology has a rather dark past. As Wetzell (2000) makes clear in his book Inventing the Criminal: A History of German Criminology 1880-1945 the discipline has (perhaps inadvertently) provided the foundations for brutality and violence. In particular, the work of Cesare Lombroso was utilised by the Nazi regime because of his attempts to differentiate between the criminal and the non-criminal. Of course, Lombroso was not responsible (he died in 1909) and could not reasonably be expected to envisage the way in which his work would be used. Nevertheless, when taken in tandem with many of the criticisms thrown at Lombroso’s work over the past century or so, this experience sounds a cautionary note for all those who want to classify along the lines of good/evil. Of course, Criminology is inherently interested in criminals which makes this rather problematic on many grounds. Although, one of the earliest ideas students of Criminology are introduced to, is that crime is a social construction, which varies across time and place, this can often be forgotten in the excitement of empirical research.

My biggest fear as an academic involved in teaching has been graphically shown by events in the USA. The separation of children from their parents by border guards is heart-breaking to observe and read about. Furthermore, it reverberates uncomfortably with the historical narratives from the Nazi Holocaust. Some years ago, I visited Amsterdam’s Verzetsmuseum (The Resistance Museum), much of which has stayed with me. In particular, an observer had written of a child whose wheeled toy had upturned on the cobbled stones, an everyday occurrence for parents of young children. What was different and abhorrent in this case was a Nazi soldier shot that child dead. Of course, this is but one event, in Europe’s bloodbath from 1939-1945, but it, like many other accounts have stayed with me. Throughout my studies I have questioned what kind of person could do these things? Furthermore, this is what keeps me awake at night when it comes to teaching “apprentice” criminologists.

This fear can perhaps best be illustrated by a BBC video released this week. Entitled ‘We’re not bad guys’ this video shows American teenagers undertaking work experience with border control. The participants are articulate and enthusiastic; keen to get involved in the everyday practice of protecting what they see as theirs. It is clear that they see value in the work; not only in terms of monetary and individual success, but with a desire to provide a service to their government and fellow citizens. However, where is the individual thought? Which one of them is asking; “is this the right thing to do”? Furthermore; “is there another way of resolving these issues”? After all, many within the Hitler Youth could say the same.

For this reason alone, social justice, human rights and empathy are essential for any criminologist whether academic or practice based. Without considering these three values, all of us run the risk of doing harm. Criminology must be critical, it should never accept the status quo and should always question everything.  We must bear in mind Lee’s insistence that ‘You never really understand a person until you consider things from his point of view. Until you climb inside of his skin and walk around in it’ (1960/2006: 36). Until we place ourselves in the shoes of those separated from their families, the Grenfell survivors , the Windrush generation and everyone else suffering untold distress we cannot even begin to understand Criminology.

Furthermore, criminologists can do no worse than to revist their childhood and Kipling’s Just So Stories:

 

I keep six honest serving-men
(They taught me all I knew);
Their names are What and Why and When
And How and Where and Who (1912: 83)

Bibliography

Browning, Christopher, (1992), Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland, (London: Penguin Books)

Kipling, Rudyard, (1912), Just So Stories, (New York: Doubleday Page and Company)

Lee, Harper, (1960/2006), To Kill a Mockingbird, (London: Arrow Books)

Lombroso, Cesare, (1911a), Crime, Its Causes and Remedies, tr. from the Italian by Henry P. Horton, (Boston: Little Brown and Co.)

-, (1911b), Criminal Man: According to the Classification of Cesare Lombroso, Briefly Summarised by His Daughter Gina Lombroso Ferrero, (London: G. P. Putnam’s Sons)

-, (1876/1878/1884/1889/1896-7/ 2006), Criminal Man, tr. from the Italian by Mary Gibson and Nicole Hahn Rafter, (London: Duke University Press)

Solway, Richard A., (1982), ‘Counting the Degenerates: The Statistics of Race Deterioration in Edwardian England,’ Journal of Contemporary History, 17, 1: 137-64

Wetzell, Richard F., (2000), Inventing the Criminal: A History of German Criminology 1880-1945, (Chapel Hill: The University of North Carolina Press)

The never-changing face of justice

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There are occasions that I consider more fundamental questions beyond criminology, such as the nature of justice.  Usually whilst reading some new sentencing guidelines or new procedures but on occasions major events such as the fire at Grenfell and the ensuing calls from former residents for accountability and of course justice!  There are good reasons why contemplating the nature of justice is so important in any society especially one that has recently embarked on a constitutional discussion following the Brexit referendum.

Justice is perhaps one of the most interesting concepts in criminology; both intangible and tangible at the same time.  In every day discourses we talk about the Criminal Justice System as a very precise order of organisations recognising its systemic nature or as a clear journey of events acknowledging its procedural progression.  Both usually are summed up on the question I pose to students; is justice a system or a process?  Of course, those who have considered this question know only too well that justice is both at different times.  As a system, justice provides all those elements that make it tangible to us; a great bureaucracy that serves the delivery of justice, a network of professions (many of which are staffed by our graduates) and a structure that (seemingly) provides us all with a firm sense of equity.  As a process, we identify each stage of justice as an autonomous entity, unmolested by bias, thus ensuring that all citizens are judged on the same scales.  After all, lady justice is blind but fair!

This is our justice system since 1066 when the Normans brought the system we recognise today and even when, despite uprisings and revolutions such as the one that led to the 1215 signing of the Magna Carta, many facets of the system have remained quite the same.  An obvious deduction from this is that the nature of justice requires stability and precedent in order to function.  Tradition seems to captivate people; we only need a short journey to the local magistrates’ court to see centuries old traditions unfold. I imagine that for any time traveler, the court is probably the safest place to be, as little will seem to them to be out of place.

So far, we have been talking about justice as a tangible entity as used by professionals daily.  What about the other side of justice?  The intangible concept on fairness, equal opportunity and impartiality?  This part is rather contentious and problematic. This is the part that people call upon when they say justice for Grenfell, justice for Stephen Lawrence, justice for Hillsborough.  The people do not simply want a mechanism nor a process, but they want the reassurance that justice is not a privilege but a cornerstone of civic life.  The irony here; is that the call for justice, among the people who formed popular campaigns that either led or will lead to inquiries often expose the inadequacies, failings and injustices that exist(ed) in our archaic system.

These campaigns, have made obvious something incredibly important, that justice should not simply appear to be fair, but it must be fair and most importantly, has to learn and coincide with the times.  So lady justice may be blind, but she may need to come down and converse with the people that she seeks to serve, because without them she will become a fata morgana,a vision that will not satisfy its ideals nor its implementation.  Then justice becomes another word devoid of meaning and substance.  Thirty years to wait for an justice is an incredibly long time and this is perhaps this may be the lesson we all need to carry forward.

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