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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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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.

Chris lets end2i

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.

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