In previous years, on my blog post I reflected on The true message of Christmas whilst my colleague @paulaabowles reflected on a modern version of “A Christmas Carol” for the twenty-first century. This year I shall be reflecting on the festive sounds that underpin the meaning of Christmas. Have we ever considered what lies beneath?
As “It’s the season to be jolly” and all of us feel “joy to the world” because “Born is the King of Israel” so “Glory to the new-born King” “And in his name all oppression shall cease”. Carols are festive tunes that play on the radio, the shops and even some people humming them on the lifts on their way to work. Little catchy tunes* that bring smile to those who hear then, teach them to their children and even heard during the festive meal at Christmas. Some of these tunes are a seasonal staples that signify the start of an ever-expanding Christmas season and can be heard in shops as early as October. Clearly the memorable tune makes it a great aid to remind people that they will need to spend more so that they can feel more involved in the joy that is professed in the lyrics.
These songs are so ingrained into our collective Zeitgeist that they need no introduction regardless of our religious affiliations, views on faith and spiritual beliefs. Why are they so important and what do they signify? The obvious is, their theme. A somewhat religious message regarding Christmas. It is almost ironic that behind that festive, joyful message there are some dark undertones.
The first carols appear during the Roman Empire, apparently inspired by Ambrose, the popular Bishop of Milan, who during his tenure oversaw the stopping of an entire sect of Christianity from disappearing. His fame grew even further when he banned emperor Theodosius the I from entering the cathedral after the latter massacred thousands of people from Thessaloniki in an uprising. He asked the emperor to do penance for his actions, thus setting a judicial jurisdiction over all men. Clearly, he had a strong sense of justice, arguably reserved solely for those that agreed with his world view and dogma as he was against mixed marriages (people of different races and faiths), heretics (any kind) and of course Jews, setting an anti-Semitic ghost over Europe that haunt us to this day.
In later year, carols became a symbol of difference between the Catholics and Protestants with the Protestants having more of a taste for the cheerful music notes of the carols. Those divisions carry the pains in many parts of the world, including the Emerald Isle that suffered from conflict for centuries. Carols became the reaffirmation of a more “pleasant” Christianity when the puritans moved on and took their dour faith across the ocean.
So now after all those centuries of persecution and conflict, many of those have been forgotten and carols now are nothing more than a jingle that acts like a Pavlovian reminder to the new faithful on the way to worship in the modern cathedrals in Malls and Outlets. Maybe next time we hum any of these carols we should spend some time to reflect on their history and perhaps reconcile their past by changing our attitudes.
The Thoughts from the Criminology Team wish Happy Holidays to all.
Verses included from “Joy to the World”, “O Holy Night” “The First Noel” “Hark The Herald Angel Sings”
*I am not too sure if you can still smile after hours of hearing the same tunes over and over as some people do who work in retail.
Over the last two weeks, twitter was littered with Conservative MPs posing at foodbanks, thanking the public for donations and showing their support for this vital service. On seeing the first one I thought this was a strange way to show compassion for those in need, given how the increased use of foodbanks is directly linked to austerity policies, the rollout of universal credit and is one of the issues raised by a recent report on the impact of poverty in the UK (Equality and Human Rights Commission, 2018). The report states that spending cuts from austerity led policies have put Britain in breach of its human rights obligations and highlights discriminatory issues, as these cuts have adversely affected low income and lone parent families, ethnic minorities and the disabled. It recommends more investment in health, social care, education and housing, and a rethink of Universal Credit. In addition, a report by the United Nations has described current government policies as ‘punitive, mean-spirited and often callous’ in their impact on the most vulnerable, more alarming given we are still one of the richest countries in the world (UN, 2018).
The responses on twitter articulated what I was feeling, ranging from incredulity, to anger and shock. It is a strange state of affairs when politicians see this as a cause for celebration, but then, there is little else to choose from, in relation to policies introduced in the last two years. The cognitive dissonance between thinking this presents them as compassionate and caring about problems they have created is quite an achievement. But then, I also know I really should not be surprised – I never believed Conservatives could be considered compassionate and anything but concerned with their own interests and dismissive of those in need. When Conservative MPs received the memo to pose at foodbanks, I wonder how many refused? Or how many believed this would be accepted as an example of celebrating charity, because even at Christmas, we all too easily normalise this level of deprivation, and rationalise it as due to individual circumstances, and not structural inequalities.
The wording of the UN report is clear in its condemnation and recognition that in Britain, the government lack the political will to help those most in need, given that tax cuts signalling the ‘end of austerity’ have once again benefitted the rich, under the auspices of this wealth trickling down in the form of jobs and increased wages. However, the EHRC and UN reports have emphasised how these policies are disproportionately affecting those who cannot work, or can only do part time work, or who face discrimination and disadvantage, including employment opportunities and prospects. When foodbanks were first set up, I honestly believed this was a temporary fix, never did I think still in 2018 they would be still be needed and indeed, be increasingly used. I also never would have imagined they would be held up as an example of the good work of charities adopted as a PR stunt by the very people who have created the inequalities and harm we see today.
The small glimmer of hope is the protest in one of these pictures, and the responses via twitter which reflected how I felt. There was a clear backlash in Scotland, where it was reported that a record number of supplies were needed as Universal Credit was rolled out, and where there were calls to foodbanks and supermarkets to refuse to pose with Conservative MPs. Alas, my fear is beyond the twittersphere, most people can rationalise this as acceptable. After all, should we not celebrate charity and helping those in need at this time of year? Is this just an example of good will and thinking of others? Well, yes of course, and if these photos were simply asking people to donate without the MPs responsible being there, I would think most of us would perhaps be reminded we can do our bit to help, and we should. The presence of the MPs and acceptance of this as good PR is what really worries me, that people will still vote for a party which has been described as cruel and punitive and believes this sort of promotion makes them look good. The irony that our current Prime Minister once herself warned that the Conservatives were becoming the ‘nasty party’ is staggering. For what she now resides over are policies which are internationally condemned as harmful, discriminatory and callous.
The other slight glimmer of hope is some commentators suggest this stunt reflects rumours of a general election on the horizon, as while Theresa May celebrated the ‘success’ of negotiating a deal with the European Union, it seems this was short-lived once parliament began to debate the deal and may trigger an election. The UN report suggested that Brexit has been so much of a distraction for MPs and the public that we are not seeing domestic problems as a priority. I think for many there is a sense that once this deal is done, we can get on with resolving other issues. But for this government, I don’t think that is the case. I think for Conservatives, these negotiations and now parliamentary debates are a welcome distraction and a narrative which fits their lack of will to actually address the harms caused by austerity. A general election may bring about change and force MPs to confront where we are today as a result of political choices, but this depends on how we all really feel about poverty, homelessness, discrimination and disadvantage. I wonder if too many feel these are insurmountable problems, inevitable and therefore, beyond the abilities of government to address. But the UN and EHRC reports clearly tell us this is not the case. I hope we do get an opportunity to hold this government to account sooner rather than later. But most of all, I hope that more of us actually take up this opportunity and not allow what we see today to continue.
Senior Lecturer in Criminology
Equality and Human Rights Commission (2018) The cumulative impact on living standards of public spending changes, available from https://www.equalityhumanrights.com/en/publication-download/cumulative-impact-living-standards-public-spending-changes
United Nations (2018) Statement on Visit to the United Kingdom, by Professor Philip Alston, United Nations Special Rapporteur on extreme poverty and human rights, see https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23881&LangID=E
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.
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.
It is now nearly two weeks since Remembrance Day and reading Paula’s blog. Whilst understanding and agreeing with much of the sentiment of the blog, I must confess I have been somewhat torn between the critical viewpoint presented and the narrative that we owe the very freedoms we enjoy to those that served in the second world war. When I say served, I don’t necessarily mean those just in the armed services, but all the people involved in the war effort. The reason for the war doesn’t need to be rehearsed here nor do the atrocities committed but it doesn’t hurt to reflect on the sacrifices made by those involved.
My grandad, now deceased, joined the Royal Navy as a 16-year-old in the early 1930s. It was a job and an opportunity to see the world, war was not something he thought about, little was he to know that a few years after that he would be at the forefront of the conflict. He rarely talked about the war, there were few if any good memories, only memories of carnage, fear, death and loss. He was posted as missing in action and found some 6 months later in hospital in Ireland, he’d been found floating around in the Irish Sea. I never did find out how this came about. He had feelings of guilt resultant of watching a ship he was supposed to have been on, go down with all hands, many of them his friends. Fate decreed that he was late for duty and had to embark on the next ship leaving port. He described the bitter cold of the Artic runs and the Kamikaze nightmare where planes suddenly dived indiscriminately onto ships, with devastating effect. He had half of his stomach removed because of injury which had a major impact on his health throughout the rest of his life. He once described to me how the whole thing was dehumanised, he was injured so of no use, until he was fit again. He was just a number, to be posted on one ship or another. He swerved on numerous ships throughout the war. He had medals, and even one for bravery, where he battled in a blazing engine room to pull out his shipmates. When he died I found the medals in the garden shed, no pride of place in the house, nothing glorious or romantic about war. And yet as he would say, he was one of the lucky ones.
My grandad and many like him are responsible for my resolution that I will always use my vote. I do this in the knowledge that the freedom to be able to continue to vote in any way I like was hard won. I’m not sure that my grandad really thought that he was fighting for any freedom, he was just part of the war effort to defeat the Nazis. But it is the idea that people made sacrifices in the war so that we could enjoy the freedoms that we have that is a somewhat romantic notion that I have held onto. Alongside this is the idea that the war effort and the sacrifices made set Britain aside, declaring that we would stand up for democracy, freedom and human rights.
But as I juxtapose these romantic notions against reality, I begin to wonder what the purpose of the conflict was. Instead of standing up for freedom and human rights, our ‘Great Britain’ is prepared to get into bed with and do business with the worst despots in the world. Happy to do business with China, even though they incarcerate up to a million people such as the Uygurs and other Muslims in so called ‘re-education camps’, bend over backwards to climb into bed with the United States of America even though the president is happy to espouse the shooting of unarmed migrating civilians and conveniently play down or ignore Saudi Arabia’s desolation of the Yemini people and murder of political opponents.
In the clamber to reinforce and maintain nationalistic interests and gain political advantage our government and many like it in the west have forgotten why the war time sacrifices were made. Remembrance should not just be about those that died or sacrificed so much, it should be a time to reflect on why.
A very powerful piece of writing
Hafizah Geter | Longreads | November 2018 | 32 minutes (8,050 words)
On Wednesday, October 24th, 2018, a white man who tried and failed to unleash his violent mission on a black church, fatally killed the next black people of convenience, Vickie Lee Jones, 67, and Maurice E. Stallard, 69, in a Jeffersontown, Kentucky Kroger. Today, I am thinking of the families and loved ones of Stallard and Jones, who the media reports, along with their grief, their anger, their lack of true recourse, have taken on the heavy work of forgiveness.
June 17, 2015, two hours outside my hometown, a sandy blonde-haired Dylann Roof walked into Emanuel African Methodist Episcopal Church in Charleston, South Carolina. That night, Roof, surely looking like an injured wolf, someone already on fire, sat with an intimate group of churchgoers, and I have no doubt, was prayed for. If history repeats itself, then…
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Today marks 100 years since the end of the First World War and commemorations will be taking place across the land. I will be overseas for much of the pomp and circumstance, but the build-up each year appears to begin earlier and earlier. As a pacifist, I always find this time of year very troubling, particularly the focus on the Royal British Legion [RBL] poppy.
Most combatants (both axis and allies) in both world wars were conscripted, that is they were legislatively compelled into military uniform. This was also the case in the UK, with the passing of the Military Service Act, 1916, Military Training Act, 1939 and National Service Act, 1948 ensuring that men had little option but to spend a period of time in the military. Objections on the grounds of conscience were legally tolerated, although not always upheld. As I have written about previously, this was a particularly treacherous path to follow in WWI.
So, for many men* during the period of 1916-1960, military service was not a choice, thus it makes sense to talk about a society which owes a debt to these individuals for the sacrifice of their time, energy and in some cases, lives. Remember these men were removed from their jobs and their families, any aspirations had to be put on hold until after the war, and who knew when that was likely to occur?
Since 1960, military service in the UK has been on a voluntary basis, although, we can of course revisit criminological discussions around free will, to ascertain how freely decisions to enlist can truly be. Nevertheless, there is a substantive difference between servicemen during that period and those that opt for military service after that period. Such a distinction appears to pass by many, including the RBL, who are keen to commemorate and fetishize the serviceman as intrinsically heroic and worthy of society’s unquestioning support.
The decision to wear a poppy, whether RBL red or peace pledge union [ppu] white is a personal one. The former is seen as the official national symbol of commemoration, designed to recognise the special contribution of service personnel and their families. The latter is often attacked as an affront to British service personnel, although the ppu explicitly note that the white poppy represents everybody killed during warfare, including all military combatants and victims. It draws no distinctions across national borders, neither does it privilege the military over the civilian victims. These different motifs, each with their own specific narratives, pose the question of what it is as individuals and as a society we mean by ‘Lest we forget’.
- Do we want to remember those conscripted soldiers and swear that as a society we will not force individuals into the military, regardless of their personal viewpoints, desires, aspirations?
- Do we want to remember soldiers and swear that as a society we will not go to war again?
If it is the latter, we should take more notice of the work of RBL, who although coy about their relationships with arms dealers, accept a great deal of money from them (cf. Tweedy, 2015, BAE Systems, 2018). We should also consider the beautiful and poignant display at the Tower of London in 2014, entitled Blood Swept Lands and Seas of Red (Cummins and Piper, 2014). The week after this display began to be dismantled, a dinner for arms dealers was held at the same venue. Whilst RBL is keen to deny that their poppy is partisan and political, it is evident that this little paper flower is not neutral. Discussions and arguments on social media have demonstrated that this motif can and is used as a battering ram to close down questions, anxieties and deliberation. Even more worrying is the rewriting of history, that WWI and WWII were won by British forces, neglecting that these were world wars, involving individuals; men, women and children, from all over the globe. This narrative seems to have attached itself to the furor around Brexit, “we saved Europe, they owe us”!
For me, on an extremely personal level, we should be looking to end war, not looking for ways in which to commemorate past wars.
*For more detail around the conscription of women during WWII see Nicholson (2007) and Elster and Sørensen (2010).
BAE Systems, (2018), ‘Supporting the Armed Forces,’ BAE Systems, [online]. Available from: https://www.baesystems.com/en-uk/our-company/corporate-responsibility/working-responsibly/supporting-communities/supporting-the-armed-forces [Last accessed 20 October 2018]
Cummins, Paul, (2016), ‘Important Notice,’ Paul Cummins Ceramics, [online]. Available from: https://www.paulcumminsceramics.com/important-notice/ [Last accessed 11 November 2016]
Cummins, Paul and Piper, Tom, (2014), Blood Swept Lands and Seas of Red, [Ceramic Installation], (London: Tower of London)
Elster, Ellen and Sørensen, Majken Jul, (2010), ‘(Eds), Women Conscientious Objectors: An Anthology, (London: War Resisters’ International)
Military Service Act, 1916, (London: HMSO)
Military Training Act, 1939, (London: HMSO)
Milmo, Cahai, (2014), ‘The Crass Insensitivity’ of Tower’s Luxury Dinner for Arms Dealers, Days After Poppy Display, i-news, Thursday 27 November 2014, [online]. Available from: https://www.independent.co.uk/news/uk/home-news/the-crass-insensitivity-of-tower-s-luxury-dinner-for-arms-dealers-days-after-poppy-display-9888507.html [Last accessed 27 November 2014]
National Service Act, 1948, (London: HMSO)
Nicholson, Hazel, (2007), ‘A Disputed Identity: Women Conscientious Objectors in Second World War Britain,’ Twentieth Century British History, 18, 4: 409-28
peace pledge union [ppu], (2018), ‘Remembrance & White Poppies,’ peace pledge union, [online]. Available from: https://ppu.org.uk/remembrance-white-poppies [Last accessed 11 November 2018]
Tweedy, Rod, (2015), My Name is Legion: The British Legion and the Control of Remembrance, (London: Veterans for Peace UK), [online]. Available from: http://vfpuk.org/wp-content/uploads/2016/10/my_name_is_legion-web.pdf [Last accessed 14 May 2017]
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…
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