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For those of you who follow The Criminology Team on Facebook you might have caught @manosdaskalou and I live from Eastern State Penitentiary [ESP]. In this entry, I plan to reflect on that visit in a little more depth.
We first visited ESP in 2011 when the ASC conference was held in Washington, DC. That visit has never left me for a number of reasons, not least the lengths societies are prepared to go in order to tackle crime. ESP is very much a product of its time and demonstrates extraordinarily radical thinking about crime and punishment. For those who have studied the plans for Jeremy Bentham’s panopticon there is much which is familiar, not least the radial design (see illustration below).
This is an institution designed to resolve a particular social problem; crime and indeed deter others from engaging in similar behaviour through humane and philosophically driven measures. The Philadelphia Society for Alleviating the Miseries of Public Prisons* was philanthropic and guided by religious principles. This is reflected in the term penitentiary; a place for sinners to repent and In turn become truly penitent.
This philosophy was distinct and radical with a focus on reformation of character rather than brutal physical punishment. Of course, scholars such as Ignatieff and Foucault have drawn attention to the inhumanity of such a regime, whether deliberate or unintentional, but that should not detract from its groundbreaking history. What is important, as criminologists, is to recognise ESP’s place in the history of penology. That history is one of coercion, pleading, physical and mental brutality and still permeates all aspects of incarceration in the twenty-first century. ESP have tried extremely hard to demonstrate this continuum of punishment, acknowledging its place among many other institutions both home and abroad.
For me the question remains; can we make an individual change their behaviour through the pains of incarceration? I have argued previously in this blog in relation to Conscientious Objectors, that all the evidence suggests we cannot. ESP, as daunting as it may have been in its heyday, would also seem to offer the same answer. Until society recognises the harm and futility of incarceration it is unlikely that penal reform, let alone abolition, will gain traction.
*For those studying CRI1007 it is worth noting the role of Benjamin Rush in this organisation.
The recent reforms to the probation service were examined in the BBC Panorama programme ‘Out of Jail: Free to Offend Again?’ The title of the programme struck me with a clear sense of ‘we told you so’ given the warnings and concerns raised by those working within the probation service and colleagues in criminology departments. Just look at #faillinggrayling on twitter – there you can chart the anxiety as the reforms were proposed and then implemented.
The programme began with the case of Connor Marshall who on a night out with friends was attacked by a stranger, David Braddon who had a history of violent offending, along with alcohol and drug misuse. Sadly, Connor died in hospital a few days after the attack and then, the details of David Braddon’s circumstances were revealed, during the review into Connor’s death. David was on probation, under the supervision of ‘Working Links’, a private consortium who took over running of probation for most of Wales, under the new Transforming Rehabilitation (TR) arrangements in 2015. TR promised radical reforms which would privatise the probation service for low and medium risk offenders, with high risk offenders still being managed under the National Probation Service (NPS). Ian Lawrence, General Secretary of the National Association of Probation Officers (NAPO) spoke on the programme about how they warned the government about the risks, due to the extensive re-organisation, costs to the taxpayer and crucially, the impact on public safety. In addition, an internal memo from the Ministry of Justice (MoJ) gave explicit warnings about the danger of the TR failing, citing that an ‘unacceptable drop in operational performance which might lead to delivery failure and reputational damage.’
Connor’s case was described in the programme as an ‘early failure.’ The phrase reminded me of the cold and calculated response when we are told the casualties of war are ‘collateral damage.’ There was a sense of acceptance of failures, given the extent of the reforms. David Braddon had a catalogue of missed appointments and non-compliance, along with becoming increasingly withdrawn, all of which should have been flagged up by those supervising him, and action taken. This reminded me of another pivotal case in probation, which highlighted the impact of over-loading probation officers and not responding properly to those offenders who are clearly at risk and not complying with their supervision. In 2008, Dano Sonnex and Robert Falmer killed two French students in south east London, in a violent attack. The Serious Case Review, focusing on Dano Sonnex, revealed a catalogue of errors, resulting in part from caseworkers in probation being overloaded and inexperienced in dealing with someone with such complex needs as Sonnex. The fact that this occurred in London was worrying when the presenter presented the views of a whistle-blower, working for MTC Novo, a company who was now delivering probation services for low and medium risk cases in London. The premise of TR was that ‘Community Rehabilitation Companies’ (CRCs) would take on expanded caseloads from widening the net for supervision to those on short term sentences, where re-offending rates are particularly high. MTC Novo and Working Links are just two examples of new CRCs now responsible for low and medium risk offenders. The programme then examined the experiences of probation, from the perspective of a service user, probation officers and those involved in inspecting the service.
Sean Grant, out of prison and living with friends reported he had very little contact with MTC Novo, his first appointment took 3 weeks to set up after his release and he had no support to get stable housing in place. He also reported his view was that the service had not improved, compared to his previous contact, and later in the programme, it transpired he was at risk of recall, due to missed appointments which he knew nothing about. This was particularly galling since he had secured work and seemed to be doing everything he needed to do to prevent re-offending, albeit with little help from the probation service.
This experience chimed with the views then given by a ‘whistle-blower’ from within MTC Novo, who reported that the company was now employing fewer fully qualified probation officers, and his caseload had risen from 50 to 76, including some vulnerable offenders who were not getting the intervention they needed. They also cited the problems associated with not having time to build a rapport, with monthly meetings of 20 minutes, asking ‘how will you open up? I don’t know them, they don’t trust me.’ It seems the long held and valued principles of the probation service to ‘advise, assist and befriend’, already eroded by risk management and efficiency drives, were now being further undermined by TR. More worryingly, the probation service as an effective means to reduce re-offending was also undermined, when the same whistle-blower referred to an ‘explosion in re-offending’, including violent offences. For others outside London, probation had become a service which staff described as a ‘mess’ and time spent with clients had fallen from 15 to 2 hours a week, and was also characterised by division and in-efficiency.
Dr Lawrence Burke, Ian Lawrence and Dame Glenys Stacey all agreed that the calls for a rethink on TR were growing louder, the service was in danger of becoming de-stabilised and of putting lives at risk. This feels very much like reform which was imposed on a service which was functioning relatively well – not perfectly – but which is now facing significant issues, all of which were meant to be addressed by TR. The harrowing cases, while still rare events, can cite the failings of probation as contributing to the serious crimes which occurred and therefore, the key aim of the service, to protect the public, is not being met. The rising prison population and especially the continued use of short term prison sentences means the service will continue to be overloaded, while CRC managers continue to cut costs to keep solvent. Therein lies a fundamental problem – making a profit through the management of offenders is not viable, sustainable, advisable or safe. The probation service, much like the NHS, the police and other public services can deliver well and do good work when it is not diverted by concerns over cost savings and trying to deal with increasing workloads.
Senior Lecturer in Criminology
As we are gleefully coming towards the start of yet another academic year, we tend to go through a number of perpetual motions; reflect on the year past, prepare material for the upcoming year and make adjustments on current educational expectations. Academics can be creatures of habit, even if their habit is to change things over. Nonetheless, there are always milestones that we all observe no matter the institution or discipline. The graduation, for example brings to an end the degree aspirations of a cohort, whilst Clearing and Welcome Week offer an opportunity of a new group of applicants to join a cohort and begin the process again. Academia like a pendulum swings constantly, replenishing itself with new generations of learners who carry with them the imprint of their social circumstance.
It was in the hectic days at Clearing that my mind began to wonder about the future of education and more importantly about criminology. A discipline that emerged at an unsettled time when urban life and modernity began to dominate the Western landscape. Young people (both in age and/or in spirit) began to question traditional notions about the establishment and its significance. The boundaries that protect the individual from the whim of the authorities was one of those fundamental concerns on criminological discourses. A 19th century colleague questions the notion of policing as an established institution, thus challenging its authority and necessity. An end of 20th century colleague may be involved in the training of those involved in policing. Changing times, arguably. Quite; but what is the implications for the discipline?
My random example can be challenged on many different fronts; the contested nature of a colleague as a singular entity that sees the world in a singular gaze; or the ability to diversify on the perspectives each discipline observes. It does nonetheless, raises a key question: what expectations can we place on the discipline for the 21st century.
If we and our students are the participants of social change as it happens in our society then our impressions and experiences can help us formulate a projective perspective of the future. Our knowledge of the past is key to supplying an understanding of what we have done before, so that we can comprehend the reality in a way that will allow us to give it the vocabulary it deserves. A colleague recently posted on twitter her agony about “vehicles being the new terrorist weapon,” asking what is the answer. The answer to violence is exactly the same; whether a person gets in a van, or goes home and uses a bread knife to harm their partner. Everyday objects that can be utilised to harm. A projection in the future could assert that this phenomenon is likely to continue. The Romans called it Alea iacta est and it was the moment you decide to act. In my heart this is precisely the debate about the future of criminology; is it crime with or without free will?
Despite my love of criminology, there are also aspects which I find deeply troubling. One of the earliest things that an undergraduate student learns to parrot is that “crime is a social construct”. Unfortunately, for much criminological research whilst this may be acknowledged it is largely ignored, with the focus firmly on those actions which are defined by law to be criminal. The first of my concerns, is criminology’s potential to do harm all in the name of making contributions to solving the “crime problem”. All this measuring, trying to find out what works, always seems to involve finding innovative ways in which humans can be
forced coerced to do another’s bidding. It seems to me that this project is inherently designed to hurt individuals, supposedly in the name of justice.
Another concern is criminology’s seeming inability to address bigger issues, which are often dismissed as some other unspecified form of harm, rather than crime.Those of you who have studied with me are likely to know that my academic interests revolve around institutions and violence. I’m not interested in what they do and how we measure their supposed efficacy and “improve” them – administrative criminology leaves me cold – but the impact of these institutions on individual lives.
Much criminological research focuses on individual motivations for criminality (as reflected in some of our earlier blog entries on cyber crime, murder and manslaughter) and these explanations can offer extraordinary insight. Such individualised explanations often follow the classical tenets of freewill and choice, leading to discussions around punishment, and particularly deterrence. Whilst these offer the promise of understanding crime and criminality they run the risk of decontexualising crime; removing the criminal(s), the victim(s) and the criminal justice system from the environments in which both operate. If we consider events such as the Aberfan (21.10.1966) and Hillsborough (15.04.1989) disasters and more recently the catastrophe of Grenfell Tower; (14.06.2017) individualised criminological explanations make little sense, instead we are faced with complex arguments as to whether or not these are actually crimes. However, the sheer number of deaths and injuries involved in these tragic events cannot simply be dismissed as if they are somehow natural disasters. Furthermore, the violence inherent in all of these events is far bigger than any one individual, making traditional criminological theories appear inadequate.
It would seem that perhaps the concept of institutional violence, although contested, can offer a gateway to a more nuanced understanding of crime and harm. One of my starting points for understanding institutional violence is Steven Lee’s question ‘Is poverty violence?’ (1999: 5). He makes his standpoint explicit and argues that ‘[p]overty results in a whole range of serious physical and psychological harms: higher risks of disease, shortened life spans, stunted mental and emotional development, and inadequate opportunity to lead a meaningful life’ (Lee, 1999: 9).
Such a perspective widens our view of what might be understood as violence, taking it away from the overt (two chaps squaring up after a night out) to something less obvious and arguably more damaging. It also recognises that events such as the fire at Grenfell Tower do not happen in a vacuum but are predicated on historical, social and political factors. Justice for the victims of Grenfell Tower cannot be achieved through blaming individuals and rationalising their actions (important as that may be). What is required is a great deal of soul-searching and an exploration of the wider institutional harms, including poverty. Only then can we really begin to understand the impact of institutional violence on the everyday lives of the residents of Grenfell Tower which ultimately led to such devastation on the night of 14 June 2017.
Lee, Steven, (1999), ‘Is Poverty Violence’ in Deane Curtin and Robert Litke, Institutional Violence, (Amsterdam: Rodopi): 5-12
Early 2017 the University of the Third Age (U3A) in Market Harborough asked me to give a talk to retired and semi-retired people on ‘The state of the prison system today’. Obviously this is a huge topic and they hoped that I’d include sentencing, courses, attitudes of people, lives and challenges faced, family connections, rehabilitation, demographics and more, in short everything I knew. Making this more of a challenge I was only given 30-40 minutes to talk, rather than a whole day which might have been more feasible. Anyway, I accepted the challenge and on 13 April 2017 I addressed a small group from a range of backgrounds. Unlike a classroom, it is difficult to predict the response you might get, I knew some would challenge my opinion on the prison system and I was not disappointed. At first the group sat quietly and simply absorbed my brief history of the prison system, nodding in places and jotting down a couple of notes. This changed dramatically when I challenged media constructed images of ‘prison being a holiday camp’ and the appropriateness of prison as punishment. Clearly some in the group had been victims so the discussion quickly turned to a punitive knee jerk reaction to all offenders. Underpinning this was a sense of fear, social unrest, and helplessness where crime was concerned. As you might expect comments like ‘in my day a bobby would have clipped you around the ear and taken you home to your parents for a good talking to’, closely followed by ‘parents of today have no control over their children’ or ‘where has the respect and discipline gone, bring back national service’. Whatever the tone, the group was clearly passionate about issues of crime and the ‘state of the prison system’, actively contributing to the discussion. When I led them towards issue of socio-economic conditions, a lack of opportunities, and the impact that prison had on these problems their empathy started to emerge. At this point I was asked the most difficult question of all ‘what is the answer, what can we do? My response was a simple one; try not to judge, put yourself in others shoes, consider carefully who you vote for, and most importantly don’t believe everything the media tells you. In essence I left them with more questions than answers but also a spark in their eye. They were hungry for more, they were hungry for action, and they wanted to be part of the solution. This led me to reflect on two things; firstly the pure joy I felt discussing prisons with a group of people who were fully engaged and curious about the topic area, and why most of our own students don’t exhibit the same level of enthusiasm. Secondly, the lack of fear I experienced in both the preparation and delivery of this talk. This made me think back to my own student years and a conversation I had with a lecturer who said that he’d put together his lecture on the train. At the time I thought this reflected his lack of interest in what he was delivery and I’m ashamed to say, a degree of laziness, however this experience has led me to reconsider my judgement. For instance, had I been asked to do this talk a few years ago I would have probably spent days, maybe weeks agonising over what I would say, writing copious notes, and shaking all through the delivery. The reality is that I spent a couple of hours that morning putting some points together and experienced no nerves at all. In short, I realised that I know a lot more than I thought I did, and my nerves are somewhat a result of not knowing my audience. I knew this audience would be engaged rather than sitting there stone faced or playing on their phones. This leads me to surmise that while I agreed with New Labour’s idea that education should be open to everyone, I no longer believe that that should include university. Too often I’m faced with people who do not want to be at university, or those that simply see it as logical progression, rather than the eager faces of those who want to learn, who are curious and passionate about the world, and make you leave a class with a feeling of elation rather than despondency. In short, the more enthusiastic the audience, the more enthusiastic the lecturer.
Firstly, I would like to apologise for the use of the first person. I have made an entire career of telling my students to use the third person. However, writing a blog is generally informal and a bit more personal.
Throughout my years in academia there are a number of things I continue to find incredibly edifying; transferring research interests into teaching is one of them, even better when that is done outside of the traditional educational environment. The idea of education in prison is definitely not new, with roots in the old reformers (notably in the UK; Elizabeth Fry), with a clear focus on combating illiteracy. This was a product of penal policy that reflected a different social reality. In the 21st century, we have to re-imagine penal policy, alongside education, which can cater for the changed nature of our world.
Our recent pilot, was designed to explore some new approaches to education in both the prison and the university* . The idea was to bring university students and prisoners together and teach them the same topics encouraging them to engage with each other in discussions. This was envisaged as a process whereby all participants would be equal learners; leaving all other identities behind. The main thinking behind the approach taken was predicated on universal notions; the respect for humanity and the opportunity to express oneself uninhibited among equals. With this in mind, teaching in prisons should not be any different to teaching at University, provided that all learners feel safe and they are ready to engage. In the planning stages, my concerns were primarily on the way equality could be maintained. In addition, the levels of engagement and the material covered were also issues that created some trepidation. The knowledge that this pilot would be the blueprint for the design of a new level 6 module made the undertaking even more exciting.
The pilot involved 9 hours of teaching in prison with additional sessions before and after in order to familiarise all learners with each other, the environment and the learning process. Through the three teaching sessions, we all observed the transformative effect of education. From early suspicion and reluctance among learners to the confident elaboration of complex arguments. It took one simple statement to get the learning process going. This is when the pilot became a new lens through which I saw education, in prison with all my students, as a thriving learning environment.