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Majority Verdicts and Reasonable Doubt

Gavel, scales of justice and law books

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

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

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

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

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

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

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

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

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

Further reading

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

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

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

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

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

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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

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.

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].

 

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.

(In)Human Rights in the “Compliant Environment”

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In the aftermath of the Windrush generation debacle being brought into the light, Amber Rudd resigned, and a new Home Secretary was appointed. This was hailed by the government as a turning point, an opportunity to draw a line in the sand. Certainly, within hours of his appointment, Sajid Javid announced that he ‘would do right by the Windrush generation’. Furthermore, he insisted that he did not ‘like the phrase hostile’, adding that ‘the terminology is incorrect’ and that the term itself, was ‘unhelpful’. In its place, Javid offered a new term, that of; ‘a compliant environment’. At first glance, the language appears neutral and far less threatening, however, you do not need to dig too deep to read the threat contained within.

According to the Oxford Dictionary (2018) the definition of compliant indicates a disposition ‘to agree with others or obey rules, especially to an excessive degree; acquiescent’. Compliance implies obeying orders, keeping your mouth shut and tolerating whatever follows. It offers, no space for discussion, debate or dissent and is far more reflective of the military environment, than civilian life.  Furthermore, how does a narrative of compliance fit in with a twenty-first century (supposedly) democratic society?

The Windrush shambles demonstrates quite clearly a blatant disregard for British citizens and implicit, if not, downright aggression.  Government ministers, civil servants, immigration officers, NHS workers, as well as those in education and other organisations/industries, all complying with rules and regulations, together with pressures to exceed targets, meant that any semblance of humanity is left behind. The strategy of creating a hostile environment could only ever result in misery for those subjected to the State’s machinations. Whilst, there may be concerns around people living in the country without the official right to stay, these people are fully aware of their uncertain status and are thus unlikely to be highly visible. As we’ve seen many times within the CJS, where there are targets that “must” be met, individuals and agencies will tend to go for the low-hanging fruit. In the case of immigration, this made the Windrush generation incredibly vulnerable; whether they wanted to travel to their country of origin to visit ill or dying relatives, change employment or if they needed to call on the services of the NHS. Although attention has now been drawn to the plight of many of the Windrush generation facing varying levels of discrimination, we can never really know for sure how many individuals and families have been impacted. The only narratives we will hear are those who are able to make their voices heard either independently or through the support of MPs (such as David Lammy) and the media. Hopefully, these voices will continue to be raised and new ones added, in order that all may receive justice; rather than an off-the-cuff apology.

However, what of Javid’s new ‘compliant environment’? I would argue that even in this new, supposedly less aggressive environment, individuals such as Sonia Williams, Glenda Caesar and Michael Braithwaite would still be faced with the same impossible situation. By speaking out, these British women and man, as well as countless others, demonstrate anything but compliance and that can only be a positive for a humane and empathetic society.

Is Easter a criminological issue?

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Spring is the time that many Christians relate with the celebration of Easter. For many the sacrament of Easter seals their faith; as in the end of torment and suffering, there is the resurrection of the head of the faith. All these are issues to consider in a religious studies blog and perhaps consider the existential implications in a philosophical discourse. How about criminology?

In criminology it provides great penological and criminological lessons. The nature of Jesus’s apprehension, by what is described as a mob, relates to ideas of vigilantism and the old non-professional watchmen who existed in many different countries around the world. The torture, suffered is not too dissimilar from the investigative interrogation unfortunately practiced even today around the world (overtly or covertly). His move from court to court, relates to the way we apply for judicial jurisdiction depending on the severity of the case and the nature of the crime. The subsequent trial; short and very purposefully focused to find Jesus guilty, is so reminiscent of what we now call a “kangaroo court” with a dose of penal appeasement and penal populism for good measure. The final part of this judicial drama, is played with the execution. The man on the cross. Thousands of men (it is not clear how many) were executed in this method.

For a historian the exploration of past is key, for a legal professional the study of black letter law principles and for a criminal justice practitioner the way methods of criminal processes altered in time. What about a reader in criminology? For a criminologist there are wider meanings to ascertain and to relate them to our fundamental understanding of justice in the depth of time. The events which unfolded two millennia back, relate to very current issues we read in the news and study in our curriculum. Consider arrest procedures including the very contested stop and search practice. The racial inequalities in court and the ongoing debates on jury nullification as a strategy to combat them. Our constant opposition as a discipline to the use of torture at any point of the justice system including the use of death penalty. In criminology we do not simply study criminal justice, but equally important, that of social justice. In a recent talk in response to a student’s question I said that that at heart of each criminologist is an abolitionist. So, despite our relationship and work with the prison service, we remain hopeful for a world where the prison does not become an inevitable sentence but an ultimate one, and one that we shall rarely use. Perhaps if we were to focus more on social justice and the inequalities we may have far less need for criminal justice

Evidently Easter has plenty to offer for a criminologist. As a social discipline, it allows us to take stock and notice the world around us, break down relationships and even evaluate complex relationships defying world belief systems. Apparently after the crucifixion there was also a resurrection; for more information about that, search a theological blog. Interestingly in his Urbi et Orbi this year the Pope spoke for the need for world leaders to focus on social justice.

A Failing Cultural or Criminal Justice System?

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Sallek is a graduate from the MSc Criminology. He is currently undertaking doctoral studies at Stellenbosch University, South Africa.

In this piece, I reflect on the criminal justice system in Nigeria showing how a cultural practice evoked a social problematique, one that has exposed the state of the criminal justice system of the country. While I dissociate myself from the sect, I assume the place of the first person in contextualizing this discourse.

In line with the norm, our mothers were married to them. Having paid the bride wealth, even though they have no means, no investment and had little for their upkeep, they married as many as they could satisfy. In our number, they birth as many as their strength could allow, but, little did we know the intention is to give us out to tutelage from religious teachers once we could speak. So, we grew with little or no parental care, had little or no contact, and the street was to become our home where we learnt to be tough and strong. There we learnt we are the Almajiri (homeless children), learning and following the way and teaching of a teacher while we survived on alms and the goodwill of the rich and the sympathetic public.

As we grew older, some learnt trades, others grew stronger in the streets that became our home, a place which toughened and strengthened us into becoming readily available handymen, although our speciality was undefined. We became a political tool servicing the needs of desperate politicians, but, when our greed and their greed became insatiable, they lost their grip on us. We became swayed by extremist teachings, the ideologies were appealing and to us, a worthy course, so, we joined the sect and began a movement that would later become globally infamous. We grew in strength and might, then they coerced us into violence when in cold blood, their police murdered our leader with impunity. No one was held responsible; the court did nothing, and no form of judicial remedy was provided. So, we promised full scale war and to achieve this, we withdrew, strategized, and trained to be surgical and deadly.

The havoc we created was unimaginable, so they labelled us terrorists and we lived the name, overwhelmed their police, seized control of their territories, and continued to execute full war of terror. We caused a great humanitarian crisis, displaced many, and forced a refugee crisis, but, their predicament is better than our childhood experience. So, when they sheltered these displaced people in camps promising them protection, we defiled this fortress and have continued to kill many before their eyes. The war they waged on us using their potent monster, the military continuous to be futile. They lied to their populace that they have overpowered us, but, not only did we dare them, we also gave the military a great blow that no one could have imagined we could. The politicians promised change, but we proved that it was a mere propaganda when they had to negotiate the release of their daughters for a ransom which included releasing our friends in their custody. After this, we abducted even more girls at Dapchi. Now I wonder, these monsters we have become, is it our making, the fault of our parents, a failure of the criminal justice system, or a product of society?

Justice on Trial

Witness for the Prosecution

Last weekend I was fortunate enough to be treated to theatre tickets for Agatha Christie’s Witness for the Prosecution. The setting – London’s County Hall – was exquisite, the play sublime and the actors fabulous. An afternoon of sheer escapism, even for a die hard Christie fan like myself. Having read the short story/play many times is no replacement for seeing this on the stage. The theatre offers the opportunity to see the action from all perspectives; you can put yourself in the shoes of the defendant, the court actors and of course, the witnesses. Such a perspective vividly demonstrates the immense power of the State, not only through physical violence (although this is also evident) but through verbal dexterity.  To see the defendant – Leonard Vole – on trial; so small and defenceless against the majesty of the courtroom, is thought provoking. Furthermore, this environment is staffed by legal professionals, who unlike him, understand the world in which they operate. The cut and thrust of legalistic argument performed in the play (and in modern day courts daily) conceals the sheer ferocity of authority’s attack on the individual. Remember at the time the play was written, the death penalty was still in force, and Leonard Vole is on trial for the capital crime of murder. In essence, he is openly fighting for his very life, but subjected to the machinations and mediation of professionals who openly profess to be seeking justice. When he tries to speak, to argue, to cajole, he is silenced. There is no place for the defendant’s perspective unless it is expressed via the mandated professional who speaks on his (or her) behalf.

In the twenty-first century (and indeed, for the latter part of the twentieth century), capital punishment in the UK has not been a sentencing option. Whilst defendants may not be faced with a possible date with the hangman, the finality of sentencing and punishment is no laughing matter. Whilst there is no doubt that dramatic denouements have their place in the theatre, in the serious business of the criminal courts such antics seem out of place. If we look at the criminal court as a theatrical scene, we start to observe all manner of incongruity (cf. Carlen, 1976). For starters; the language used and the costumes worn. For anyone that has ever grappled to understand the works of Shakespeare or the Brontë’s, such reading requires patience and perseverance to understand the beauty of such writing.   In 2018, we would not request that our surgeons operate on us without the benefit of anaesthesia, neither would we want to be treated with procedures such as bloodletting or trepanning. Similarly, we don’t expect soldiers to carry muskets or form into schiltrons just because that’s how it used to be. Yet we accept and arguably, expect our courts to run as if they were stuck in time. What chance does the individual defendant have in this archaic, theatrical setting? After all, they are the star of the show, yet they have neither costume, nor the opportunity to learn their lines. It is hard to argue, that such practices are conducive to the pursuit of justice.

On the surface, going to the theatre appears to offer a pleasurable break from academia, yet the reality is it offers the opportunity to consider criminology from a novel perspective. Reading (and you all know how keen I am on reading!!) is only part of Criminology; talking, listening, thinking and exploring away from the classroom are equally important. My advice; get out, explore – the arts; theatre, cinema, literature, museums – and add this experiential knowledge to your academic studies. See things from a different perspective and unleash your Criminological Imagination (Young, 2011).

References:

Carlen, Pat, (1976), ‘The Staging of Magistrates’ Justice,’ The British Journal of Criminology, 16, 1: 48–55

Christie, Agatha, (2018), Witness for the Prosecution, Directed by Lucy Bailey. London County Hall, [11 February 2018]

Young, Jock, (2011), The Criminological Imagination, (London: Polity)

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