The Uses of Historical Criminology

Here the authors explore how historical research can enrich criminology and criminal justice.

DChurchillDavid Churchill is Associate Professor in Criminal Justice in the Centre for Criminal Justice Studies, School of Law, University of Leeds. His research focuses on policing, security and crime control in modern Britain.

 

HYeomansHenry Yeomans is Associate Professor in Criminology at the Centre for Criminal Justice Studies, School of Law, University of Leeds. His research focuses on the regulation of alcohol and drinking in historical perspective.

PLawrence

 

Paul Lawrence is Asa Briggs Professor of History, and Head of History, at The Open University. His research focuses on the history of crime, policing and justice from c.1750.

 

Over the past several years, the term ‘historical criminology’ has slowly and quietly entered the criminological lexicon. Its arrival, without fanfare, signals at least interest in engaging with historical themes and problems in criminological research. But it might also gesture towards a fuller integration of historical approaches and ways of thinking into criminology. If so, it would seem to evoke promising new directions for criminological scholarship: broadening its chronological frame of reference; historicizing its core topical concerns; infusing previously marginal disciplinary perspectives. Yet the potential of historical criminology remains underdeveloped. Explicit discussion of the issues it might raise has been confined hitherto largely to reflective essays derived from specific research projects (Bosworth, 2001; Cox, 2011), or to broader surveys of the relationship between crime history and criminology as fields of enquiry (Godfrey et al., 2008; Lawrence, 2012). At present, there is a lack of broader theoretical and conceptual work on what it might mean to do criminology in an historical way (though see Garland, 2014; Churchill et al., 2018; Churchill, 2018).

In a recent thematic issue of Criminology & Criminal Justice, we have attempted to reach beyond existing work and develop original theoretical insights on the uses of historical research in criminology. This issue arises from an international conference hosted by the Centre for Criminal Justice Studies, University of Leeds, in 2015, which brought together criminologists, historians and socio-legal scholars to address connections between past, present and future across criminal justice topics. This event highlighted the wealth of inventive historical work taking place across disciplines, but also the challenges of establishing fruitful interdisciplinary dialogue around historical criminology without a secure theoretical underpinning. Our three papers result from sustained, critical engagement with these issues at the conference and in subsequent discussions over the intervening years. With reference to the conference itself, we would like to take this opportunity to thank all those who participated in the event, including Adam Crawford, Francis Dodsworth, Markus Dubber, Louise Jackson, Paul Knepper, Stuart Lister, Clifford Stott, Chris Williams and Sarah Wilson.

Our papers focus on three distinct (yet overlapping) values of historical research in criminology: to explain, characterise or contextualise contemporary formations of crime and justice. But in doing that, we develop several common lines of argument, which cut across the separate papers. First, we suggest that historical research must contribute to understanding crime and criminal justice in contemporary society. Criminology as a field is preoccupied with the present and with new developments, and we take this as our starting point, recognising that most criminologists will find history of interest insofar as it helps make sense of present concerns. Second, we contest the notion that the past should serve simply as a foil against which to establish what is new in the present. Given the ‘epochalist’ framing of much prominent work in contemporary social science (Savage, 2009), we are especially concerned to argue that historical approaches might break down (rather than to reinforce) the sense of separation between past and present. Third, we stress the advantages of going beyond the approach of much existing historical research, which uses focused study of a delimited period to provide a fresh perspective on contemporary problems. While recognising the value of such studies, we stress the virtues of long-term, diachronic research which links past and present in a continuous chain. Such a long-term perspective, we argue, is vital in using historical research to explain (Lawrence, Yeomans) or to characterize (Churchill) contemporary crime and justice. Finally, our papers (especially those by Churchill and Lawrence) emphasize the need for collaboration across disciplines to fully realise the potential contribution of historical criminology. In-depth interdisciplinary engagement, through teams spanning history and the social sciences, is perhaps the most viable means of using long-term historical research to make meaningful and lasting interventions in contemporary criminological debates.

The history of crime and criminal justice is a thriving area, and such work seems increasingly to find an audience within criminology. Furthermore, new networks and fora – notably the British Society of Criminology Historical Criminology Network, founded last year – seek to bring together established and emerging scholars interested in historical criminology. Such initiatives, in turn, are posing broader questions about the nature, purposes and future directions of historical research in criminology. We hope this thematic issue of Criminology & Criminal Justice will provide some foundations for more sustained engagement with historical approaches, perspectives and data in criminology, and thus help pave the way toward a more fully historical criminology.

 

References

Bosworth M (2001) The past as a foreign country? Some methodological implications of doing historical criminology. The British Journal of Criminology 41(3): 431-442.

Churchill D (2018) What is ‘historical criminology’? Thinking historically about crime and justice. British Society of Criminology Newsletter 82: 8-11.

Churchill D, Crawford A and Barker A (2018) Thinking forward through the past: prospecting for urban order in (Victorian) public parks. Theoretical Criminology 22(4): 523-544.

Cox P (2011) History and global criminology: (re)inventing delinquency in Vietnam. The British Journal of Criminology 52(1): 17-31.

Garland D (2014) What is a ‘history of the present’? On Foucault’s genealogies and their critical preconditions. Punishment & Society 16(4): 365-384.

Godfrey BS, Williams CA and Lawrence P (2008) History & Crime. London: SAGE.

Lawrence P (2012) History, criminology and the ‘use’ of the past. Theoretical Criminology 16(3): 313-328.

Savage M (2009) Against epochalism: an analysis of conceptions of change in British sociology. Cultural Sociology 3(2): 217-238.

 

Contact

David Churchill, University of Leeds

d.churchill@leeds.ac.uk

@dchurchill01

Paul Lawrence, The Open University

paul.lawrence@open.ac.uk

Henry Yeomans, University of Leeds

h.p.yeomans@leeds.ac.uk

@yeomans_henry

 

Copyright free images courtesy of authorsand Dreamstime

Trophy hunting – can it really be justified by ‘conservation benefits’?

Killing animals for fun is an activity which divides opinion.

Cecil the lion, before he was a trophy.
Shutterstock/paula french

Melanie Flynn, University of Huddersfield

Killing animals for fun is an activity which divides opinion. It can also be a highly emotive issue, with high profile cases like the death of Cecil the lion sparking global media coverage and outcry. There were even calls for the American dentist who admitted killing Cecil to be charged with illegal hunting.

But despite the strong feelings it occasionally provokes, many people may be unaware just how common trophy hunting is. The International Fund for Animal Welfare (IFAW) reports that between 2004 and 2014, a total of 107 countries participated in the trophy hunting business. In that time, it is thought over 200,000 hunting trophies from threatened species were traded (plus a further 1.7m from non-threatened animals).

Trophy hunters themselves pay vast sums of money to do what they do (IFAW claims upwards of $US100,000 for a 21-day big game hunting trip). But reliable data on the economic benefits this brings to the countries visited remains limited and contested.

Now the UK government has announced it is considering banning the trade of hunting trophies from endangered species – making it a crime to bring them back into the country.

Advocates of trophy hunting – including major conservation organisations such as the International Union for Conservation of Nature and the World Wide Fund for Nature – argue that hunting wild animals can have major ecological benefits. Along with some governments, they claim that “well-managed” trophy hunting is an effective conservation tool, which can also help local communities.

This argument depends in part on the generation of significant income from the trophy hunters, which, it is claimed, can then be reinvested into conservation activities.

The broad idea is that a few (often endangered) animals are sacrificed for the greater good of species survival and biodiversity. Local human communities also benefit financially from protecting animal populations (rather than seeing them as a threat) and may reap the rewards of employment by hunting operations, providing lodgings or selling goods.

Indeed, research on trophy hunting does show that it can produce substantial financial benefits, is likely to be supported by local communities, and can be associated with conservation gains.

But it remains unclear in exactly what circumstances trophy hunting produces a valuable conservation benefit. We cannot assume a scheme that works in one country, targeting one species, under a specific set of circumstances, is applicable to all other species and locations.

Also, the purported benefits of trophy hunting rely on sustainable management, investment of profits, and local community involvement. But given the levels of perceived corruption and lack of effective governance in some of the countries where trophy hunting is carried out, one wonders how likely it is these conditions can be met.

And if trophy hunting is really so lucrative, there is every chance the profits will instead be used to line the pockets of rich (possibly foreign) operators and officials.

Death and suffering

This brings us to the question of ethics. Just because an intervention has the potential to produce a social benefit, does not mean the approach is ethical. And if it is not ethical, should it be considered a crime?

This is something of regular concern for social policy. If the evil that a programme introduces is greater than the evil it purports to reduce, then it is unethical to implement it.

I would argue that even if convincing evidence does exist that trophy hunting can produce conservation benefits, it is unethical to cause the death and suffering of individual animals to save a species.

In common with many green criminologists, I take a critical approach to the study of environmental and animal-related crime. This means that I am interested in behaviour that can be thought of as harmful, and may be worthy of the label “crime”, even if it has not been formally criminalised.

When considering global harms and those that impact heavily on the most powerless in society, this approach is particularly important.

Conservation is concerned with biodiversity and animal populations. Contrast this with an animal rights or species justice perspective, where instead of focusing on rights that benefit humans over all other species, the interests and intrinsic rights of individual and groups of animals are considered.

From this viewpoint, trophy hunting undoubtedly causes harm. It brings pain, fear, suffering and death. Add to this the grief, mourning and fracturing of familial or social groups that is experienced by animals such as elephants, whales, primates and giraffes. In light of these harms, trophy hunting is surely worthy of the label “crime”.

Allowing trophy hunting also perpetuates the notion that animals are lesser than humans. It turns wildlife into a commodity, rather than living, feeling, autonomous beings – beings that I have argued should be viewed as victims of crime.

Anthropocentric views also facilitate and normalise the exploitation, death and mistreatment of animals. The harmful effects can be seen in intensive farming, marine parks and “canned hunting”, where (usually lions) are bred in captivity (and sometimes drugged) as part of trophy hunting operations. Where money can be made from animals, exploitation, and wildlife crime, seem likely to follow.

Instead, local communities must be involved in decisions about conservation and land management, but not at the expense of endangered species, or of individual animals hunted for sport. Alternative conservation approaches like photo tourism, and schemes to reduce human-animal conflict must be embraced.

Getting a good shot.
Shutterstock/Villiers Steyn

Banning trophy hunting would provide a much needed incentive to develop creative conservation approaches to wildlife protection and human-animal co-existence. And there is still substantial conservation income to be earned without resorting to trophy hunting.

So governments around the world should introduce bans on trophy imports – alongside providing support for alternative, ethical developments that benefit both wild animals and local communities. Anything less is complicit support of a crime against some of the world’s most vulnerable wildlife.The Conversation

Melanie Flynn, Senior lecturer in Criminology, University of Huddersfield

This article is republished from The Conversation under a Creative Commons license. Read the original article.

 

Workplace violence: a social harm perspective

A call for Criminology to use a social harm approach to the workplace, as evidence of violence at work grows

Anthony LloydAnthony Lloyd is Reader in Criminology and Sociology at Teesside University. His research focuses on labour markets and work within an ultra-realist harm framework. His latest book, The Harms of Work (Bristol University Press) is out in paperback in October.

 

According to recent figures from the NHS staff survey and research by Unison, violence against NHS staff continues to rise.  Official figures indicate that nearly 15% of staff surveyed had been subjected to physical violence from patients, patients’ relatives or the public while numerous incidents continue to go unreported.  Although many assaults are clinical in nature and therefore take place in mental health settings, the Health Service Journal/Unison report found violent incidents growing in other settings.  Around one-third of staff reported an assault in the previous twelve months and the report draws a correlation between high levels of violence and NHS trusts with large financial deficits and poor performance on elective waiting times.  Could it reasonably be extrapolated, then, that services stretched to the limit generate frustration and dissatisfaction increasingly manifesting in violent outbursts against staff?

The reports of increasing violence against NHS workers follows growing evidence that school teachers face rising levels of physical and verbal abuse from pupils and parents.  Research conducted by NASUWT suggests that one in four teachers experience physical violence from pupils on a weekly basis, including being shoved, barged, hit, punched and kicked.  Almost half of the 5,000 teachers surveyed reported being verbally threatened by pupils. In 2016/17, nearly 750 pupils were permanently excluded for violence against an adult whilst almost 27,000 were given fixed period exclusions for a physical assault on an adult.

Police officers, prison staff and, increasingly, fire fighters are routinely assaulted in the line of work.  In 2017-18, one in five police officers were assaulted in the line of duty with 8,500 prison officers assaulted in the same period.  According to the Health and Safety Executive (HSE), 694,000 incidents of violence were recorded in UK workplaces in 2017-18 alone with 374,000 adults experiencing violence at work in that period, 41% of which reported injuries.

These reports and research show that workplace violence is prevalent across a range of occupations with employees often facing threats, intimidation and assault during the course of their work.  Criminology has a track record of investigating violent workplaces (Gill et al, 2002; Martin et al, 2012; Schindeler, 2013).  It is crucial that criminology continue to investigate violence in all arenas, including the workplace.  However, it is also vital to heed Slavoj Žižek’s (2008) warning that physical or subjective violence often masks or distracts from more pervasive and invidious acts of ‘systemic violence’ which underpin neoliberal political economy.  A focus on ‘spectacular’ violence should not detract from the wider violence inflicted upon individuals, communities and institutions through the normal functioning of capitalism.

In my work on service economy employees (Lloyd, 2018a; 2018b; 2019), I observed and interviewed call centre workers, retail employees, hospitality workers, couriers, bar staff and fast-food workers.  While physical violence was not observed and very rarely reported by contacts, verbal abuse from customers was endemic and routine while bullying, harassment and abuse from co-workers and supervisors was frequently reported.  However, the picture that emerged was also one of short-term or zero-hour contracts, minimum wage work, targets and performance management, inflexible work rotas, pressure, stress, instability and the sort of workplace precarity regularly cited within the sociology of work literature (Standing, 2011).

Analysing this research from a social harm perspective opens up the normal functioning of labour markets to a critique that highlights numerous problematic practices and, importantly, absences.

The social harm literature continues to struggle with the fundamental question of ‘harm from what?’ (Pemberton, 2016; Yar, 2012; Hillyard and Tombs, 2004; Raymen, 2019).  What harm occurs when employment contracts increasingly favour the employer over the employee?  What harm is inflicted on individuals and communities through austerity measures?  What harm do we suffer through climate change?  The debate around harm’s ontological grounding continues but my contribution, from an ultra-realist perspective (Hall and Winlow, 2015), suggests that harm can be the absence of positive rights that allow individual and collective flourishing.

Following critical realism, ultra-realist criminology posits the probabilistic causal tendencies of absences (Hall and Winlow, 2015).  For example, the absence of a welfare state would undoubtedly engender harmful consequences for individuals and families.  In this case, the absence of stability was evident through the presence of zero-hour contracts, on-demand work, short-term contracts, ‘flexible’ work arrangements that mostly favoured management, low pay, and often inflexible shifts.  The absence of protection was evident through the presence of unpaid ‘work trials’, failure to pay the National Minimum Wage, regular evidence of physical and mental health problems.  The absence of ethical responsibility for the other was evident in the presence of management bullying, colleague harassment, customer abuse and the ‘special liberty’ (Hall, 2012) or sense of competitive entitlement to act in one’s own interests regardless of consequence or damage to co-workers and employees.  The willingness to harm others is intimately connected to competitive individualism.  Within this theoretical framework, absences have consequences and systemic violence damages far worse than subjective violence.

If we return to the earlier examples of hospital and school violence and consider systemic violence, we see wider harms at work.  The same NHS staff survey that reported significant levels of violence also confirmed that 3 in 5 staff work additional unpaid hours, almost 40% reported feeling unwell due to work-related stress, 56% admitted working while not feeling well enough to perform their duties, 45% felt managers did not ask their opinions, 30% considered leaving their organisation.  One-third suggested they could not provide the level of care for patients that they aspired to, 20% reported bullying and harassment from colleagues and over 40% could not say they looked forward to going to work.

These figures indicate significant issues beyond the threat of physical violence.  Like all public sector organisations, the NHS has been subject to austerity, staff shortages, to the implementation of neoliberal managerialism, particularly the directive for efficiency, productivity and value for money, and to outsourcing and privatisation (Pollock, 2004; Davis et al, 2015).  The staff survey results indicate an absence of protection, stability and ethical responsibility for the other that requires further investigation but seems to suggest that positive rights or flourishing are lacking in a sector that demands more with less, stretches services to breaking point and ramps up dissatisfaction, from both employees and service users.  It is within this context that violent outbursts exist.

The workplace must continue as a site of criminological investigation but should also approach such research from a social harm perspective (Scott, 2017).  Widening the angle of vision to incorporate systemic violence as well as brutal outbursts of physical violence allows us to see the myriad harms of work that contextualise subjective assaults on doctors, nurses and teachers.  Many of our workplaces impede flourishing and well-being, both through subjective violence against the person and the systemic violence of neoliberal ideology.  As neoliberal capitalism continues to erode working conditions, conditions of employment and the social relations between employer, employee and consumer, the absences that emerge generate multiple harms, perpetrated by and against the individual.  It is incumbent upon Criminology to see the whole picture.

 

References

Davis, J., Lister, J. and Wrigley, D. (2015) NHS For Sale: Myths, Lies and Deception, London: Merlin Press.

Gill, M., Fisher, B. And Bowie, V. (2002) Violence at Work: Causes, patterns and prevention, (Eds) Cullompton: Willan.

Hall, S. and Winlow, S. (2015) Revitalizing Criminological Theory: Towards a New Ultra-Realism, London: Routledge.

Hall, S. (2012) Theorizing Crime and Deviance: A New Perspective, London: Sage.

Hillyard, P. and Tombs, S. (2004) ‘Beyond Criminology?’ in Hillyard, P., Pantazis, C., Tombs, S. and Gordon, D. (Eds) Beyond Criminology: Taking Harm Seriously, London: Pluto Press.

Lloyd, A. (2018a) The Harms of Work. Bristol: Policy Press.

Lloyd, A. (2018b) “Working for free: Illegal employment practices, ‘off the books’ work and the continuum of legality within the service economy’, Trends in Organised Crime. https://doi.org/10.1007/s12117-018-9351-x

Lloyd, A. (2019) “Harm at Work: Bullying and special liberty in the retail sector”, Critical Criminology. https://doi.org/10.1007/s10612-019-09445-9

Martin, D., Mackenzie, N. and Healy, J. (2012) ‘Balancing risk and professional identity, secondary school teachers’ narratives of violence’, Criminology and Criminal Justice, 13(4), 398-414.

Pemberton, S. (2016) Harmful Societies, Bristol: Policy Press.

Pollock, A.M. (2004) NHS Plc: The Privatisation of Our Health Care, London: Verso.

Raymen, T. (2019) ‘The Enigma of Social Harm and the Barrier of Liberalism: Why Zemiology Needs a Theory of the Good’, Justice, Power and Resistance, 3(1) 134-163.

Schindeler, E. (2013) ‘Workplace violence: Extending the boundaries of criminology’, Theoretical Criminology, 18(3), 371-385.

Scott, S. (2017) Labour Exploitation and Work-Based Harm, Bristol: Policy Press.

Standing, G. (2011) The Precariat: The New Dangerous Class, London: Bloomsbury.

Yar, M. (2012) ‘Critical criminology, critical theory and social harm’, in Hall, S. and Winlow, S. (Eds.) New Directions in Criminological Theory, London: Routledge.

Žižek, S. (2008) Violence: Six Sideways Reflections, London: Profile Books.

 

Contact

Dr. Anthony Lloyd, Reader in Criminology, Teesside University

Email Anthony.Lloyd@tees.ac.uk

Twitter @lloyd_a1

Copyright free images courtesy of author and  Flickr

Do we know enough now?

Academics need to engage with policy makers and the public to implement what we already know about the causes of crime and the implications of law and order policies.

Barry GodfreyBarry Godfrey is Professor of Social Justice and has published over twenty books on the history of crime. He is currently editing a Special Edition of the Howard League Journal on the impact of crime history.

 

 

There have been thousands of studies of criminal behavior and of society’s attempts to control it over the last two centuries. Academics think that even more research will enlarge, challenge, and refine our knowledge, and indeed it will. However, because – or perhaps despite of – the vast number of academics now involved in the criminological enterprise, there is considerable agreement about the causes and consequences of crime and punishment.

Historians of crime would find a similar consensus. The vast majority agree that crime is a social and historical construct; that institutions of control are shaped by their histories; that class, gender, and race all conditioned treatment in, and by, the criminal justice system (and still do); that economic inequalities were broadly linked to crime (and still are); and that society has long relied on ineffective nineteenth century forms of punishment (and still does).

I accept that these conclusions lack nuance. Different viewpoints, theoretical perspectives, and empirical wrangles are important, but I would suggest that any differences are dwarfed by the general agreement. Internal liturgical debates are important to us, but not to the general public and are confusing for policy makers (who often find our debates exclusionary, irrelevant, and frankly, bewildering). I am coming around to their point of view. At the very least, we should concede that our research is sometime incomprehensible to ‘outsiders’ and is not user-friendly to anyone who might transform it into practice or policy. Given that we have a common(ish) platform of academic understanding about crime, I would join others to argue that the greatest challenge for academics is for us to use our research to create a strong, meaningful, and persuasive dialogue which influences policy makers to improve the criminal justice system, and to engender more positive public attitudes towards offenders and ex-offenders.

In 2002 Paul Wiles noted that there was a growing gap between academic and public debate, lamenting that we have ‘lost the knack of engaging’. Sociology seems to do much better – according to Michael Burawoy in his Presidential Address to the American Sociological Association.  Later, in 2010, Uggen and Inderbitzen encouraged criminologists to follow the sociological lead in order to bring together “empirically sound research and comprehensible messages to diverse publics”. This meets the zeitgeist. The ‘impact agenda’ of various research exercises in the UK and elsewhere is of course a half-hearted and largely ‘half-arsed’ attempt to measure our worth in terms and criteria not of our choosing, but it has undoubtedly encouraged a greater level of engagement between academia and policymakers/practitioners. We are also in the business of making sure that our research ‘does something’ to improve policy and practice whether we like it or not. If we fail to engage with the policy realm, then are we at best academic parvenus, at worst a costly (remembering that most of our research is publicly funded) irrelevance?

Having influence over policy and practice is not easy to arrive by, of course. There are unforeseen consequences, and even the predictable outcomes are complex. Policy makers have different agendas, often serve political interests which are antipathetic to our own and require simplicity where we privilege complexity. For every example of the policy realm successfully using our research, there is a disaster story; yet for every disaster story, there is an example of our research being successfully used.

Teaching crime history and criminology may be the biggest impact any of us will have. Our lectures later become the common-sense attitudes towards crime that thousands of students take with them as they graduate from universities every year. However, we also know that sharper and more direct relationships with partners outside of the university can lead to more immediate positive impacts on society. Changing attitudes amongst the student body, hoping that our teaching will cause them to be more pro-social in the future, is a long game. To address the multiple crises society faces today, we need something quicker. We need to press our case. I am not, by any means, suggesting that we stop doing research. That would be perverse given the advantages and opportunities afforded by the second data revolution and the conjunction of readily available digitized crime records, the development of visual methods, and the number and increasing diversity of crime historians nationally and internationally. It would also, I suspect, go against the fundamental essence of being a researcher: research is what we like to do. However, we now have a broad consensus about the causes and consequences of crime, and the shaping of that consensus seems to demand action.  None of us are happy that there are still so many biases in the system, that Victorian penology still predominates, and that class and race still determine outcomes in the criminal justice process. So, is it now time to devote our efforts, not to collecting more and more evidence, but to use what we already know to influence others, and to bring about the change that we, and society, needs?

Contact

Professor Barry Godfrey, University of Liverpool

Email: Barry.Godfrey@Liverpool.ac.uk

Copyright free images courtesy of author

Celebrating Survival

A review of “Prison: A survival guide” by Carl Cattermole

DavidBest1

David Best is professor of criminology at the University of Derby, Honorary Professor of Regulation and Global Governance at the Australian National University and Chair of the BSC Prison Research Network.

 

Politically, we appear to be surfing a new wave of being ‘tough on crime’ with more prisons to be built and a growth in the prison population to be anticipated. Outside of the political posturing however, all of us who have spent any time in the UK prison system recognise that prison is a tough, miserable and potentially damaging environment for all of those who have to spend time there, including but not restricted to the prisoners.

This is captured in a wonderfully accessible way in Carl Cattermole’s ‘Prison: A survival guide’ a lived experience account of what life in a UK prison is really like, with the original draft written by someone newly released from a male UK prison. The book does exactly what it says, providing a largely chronological account of how to get through the experience with as little distress as possible.

Cattermole1Illustrated with cartoons from Banx (@banxcartoons), it also provides a sense of hope – particularly around the friendships that can emerge in prison and how they can endure ‘through the gate’ – and the humanity that is a theme of the book comes across incredibly strongly. The book is warm and at times funny and is easy and accessible, but what makes this survival guide so important is the multiple voices contained within it.

Watch a video of Carl talking on Straightline.

Carl is a fabulous narrator and story-teller but his voice is supplemented with those of the partner of a prisoner, the child of a prisoner, a child prisoner, a prisoner who has a child in prison and the experience of a prisoner from a member of the LGBTI community. Each of these accounts is incredibly poignant and insightful and the strength of feeling is intense and powerful.

It would be extremely difficult to read the book without realising the ripple effects of pain and misery that imprisonment causes to families and to communities, but it is also impossible to read the Survival Guide without acknowledging the resilience and strength that emanates from each of these clear and powerful voices.

As a criminologist, I would like to recommend it not only to all of the members of the Prison Research Network but also to all of their students as a rich and layered insight into the prison experience. But it should also be mandatory reading for all prison officers and prison governors.

Of course, expecting politicians to read something that is inconsistent with their own prejudices and soundbites is unrealistic but perhaps some of those working in the MoJ and the Prison and Probation Service may be swayed by the pain and the power of this book.

Whether you think prisons are a necessary evil or not, this is a book that confirms the harms that prison inflicts while clearly proclaiming that there are a group of people who can and will overcome that harm. Whether they should have to is a critical part of the debate ‘Prison: A survival guide’ should generate. And perhaps Carl could be encouraged to follow it up with “Community: A survival guide”?

Buy the Book – Prisonism website

BSC members can win a copy of ‘Prison: A survival guide’ together with a copy of ‘Pathways to Recovery and Desistance: The Role of the Social Contagion of Hope’ by David Best by emailing ‘Prison Book Draw’ to info@britsoccrim.org  The draw runs through September and October with a closing date of October 29, 2019.

Book Summary

Prison A Survival Guide (Penguin, 2019) is the cult travelogue for the obfuscated and complex British prison system. Its primarily authored by Carl Cattermole, a 30 year old ex-prisoner, based in South London and sometimes Latin America, but also features contributions from female, LGBTQ+ and child prisoners and their supporting family members. Its target audiences are anyone who contacts the system: prisoners and their families, criminologists and politicians, citizens who want to bust media myths and know where ‘criminal justice’ £billions are being thrown. The first print run sold out in 10 days. Carl and other contributors are currently touring to promote the book.

 

Contact

Professor David Best, University of Derby

Email: davidwilliambest@icloud.com

Twitter: @davidwbest12

Copyright free image courtesy of author

Cartoons courtesy of Carl Cattermole and Banx (@banxcartoons)

 

Justice must be seen to be done

An intersectional analysis of observations of Crown Court trials for rape and serious sexual assault.

Ellen Daly

Ellen Daly is a PhD candidate at Anglia Ruskin University. Her research explores the use of rape myths and other narratives in rape and sexual assault trials in England and Wales.

 

In recent years there has been a great deal of media attention paid to the prosecution of rape. Most recently criticisms have frequently centred around the falling prosecution rate in England and Wales. Although reports of rape are increasing, the number of prosecutions continues to fall. This means that many victims are not getting the justice they are seeking through reporting to the criminal justice system. Only a tiny portion see justice, and for victim-survivors from minoritised or marginalised groups the chances of seeing a conviction are even slimmer. This begs the question “why?” – why does it seem that victim-survivors from particular groups are more likely to find justice through the criminal justice system?

Evidence suggests that victim-survivors from particular backgrounds have limited access to justice as a result of structural inequalities and various aspects of their perceived identity (see for example Lovett et al 2007 and Hester 2013). There is little contemporary research that addresses these issues, particularly in the context of criminal court. Criticisms of Crown Court responses to rape and sexual assault often focus on the influence of rape myths on trial practices and outcomes, but very little has been done to explore the links between what goes on in the courtroom and the differences in attrition rates for women from minoritised or marginalised groups. This is what my PhD research seeks to explore.

Rape myths are frequently pointed to as offering an explanation for the lack of justice for rape and sexual assault victim-survivors as a whole, and with good reason. It is well established, through a strong body of research from a range of disciplines, that rape myths are commonly accepted among the general population, including by those involved (or potentially involved) in the administration of criminal justice. This includes research that evidences the existence of rape myths at trial and their influence on jurors.

Rape myths have featured in every rape and sexual assault trial I have observed so far and have usually had the function of either blaming the victim or excusing the defendant’s alleged actions. They are utilised as a tool for casting doubt on victim-survivor testimony and to bolster the defence of the accused.

In my observations I have heard the behaviour of victim-survivors being questioned, implying that but for their actions the incident would not have occurred. I heard a victim-survivor being questioned on her drinking habits and binge-drinking, even though a central argument to the defence case was that she was not drunk on the night in question. These arguments draw on rape myths that seek to minimise the behaviour of the accused by positioning the victim-survivors as bearing responsibility for what happened to them.

I have heard victim-survivors being positioned as liars who are seeking revenge or are embarrassed and regretful. In the courtroom, these myths that position women as liars rely on the misconception that false allegations of rape are common, when actually we know that not to be true.  These lines of argument may be particularly pertinent to juror decision-making when considered against the backdrop of mass media coverage regarding collapsed cases.

These myths can be applied to all victim-survivors though, so their presence doesn’t necessarily answer what could be happening to impact specifically on those from minortised and marginalised groups. Provisional findings from my research indicate that one possibility is that narratives around social class are used in trial and that they intersect with the gendered rape myths that are already known to exist in the courtroom.

There are no direct references to social class, it is more subtly implied through small seeds sown throughout the trial. There are frequent references to victim-survivors and defendants being uneducated and unintelligent, which come against the context of evidence which establishes that they live in an impoverished town, on a council estate, that they receive state benefits, are unemployed or are in insecure work. All of which are things that are reflective of working-class stereotypes in our society. The work of Charles Murray in the 1990s on the so-called ‘underclass’ in Britain and its subsequent and continued uptake by the media and politicians, provides a starting point for arguing that stereotypes often portray working-class people as poorly educated or of lower intelligence compared to those deemed middle- and upper-class.

In my observations, defendants being of low intelligence was being presented by the defence as an inability to lie or pretend, positioning them as the credible party the juries should believe above the victim-survivors. To illustrate, two trials included text message evidence of what could be read as confessions to the events in question. In these trials the specific wording used by the defendants was thoroughly picked apart by both prosecution and defence, with the prosecution proclaiming that the defendants’ explanations were ridiculous. Whilst on the other hand, the defence in both cases rationalised the choice of words as being because the defendants are uneducated or unintelligent, that his words were not intended as a confession to rape or sexual assault and can simply be explained by his poor grasp of English grammar and vocabulary. These narratives are taking the counter-side of the ‘women lie’ rape myth, by suggesting that these ‘unintelligent’ working-class men are too stupid to lie convincingly and therefore must be believed.

Other narratives related to social class draw on middle-class ideals of respectability. Victim-survivors are portrayed as not conforming to these standards of respectability, whether that be through their drinking habits or the way they present themselves. We needn’t look much further than reality TV to evidence how young women, particularly those from working-class backgrounds, have been portrayed as heavy drinkers whose behaviour and ways of dressing are used to depict them as ‘easy’ and ‘up for anything’ (recent examples include Geordie Shore and TOWIE). This of course links to gendered rape myths around respectability, which are based on middle-class ideals.

The findings I’ve outlined here perhaps begin to answer how some groups of victim-survivors appear to have a lower chance of seeing a conviction in their cases. Narratives drawing on victim-survivors’ and defendants’ perceived identity or membership to a particular group, which in the examples outlined here related to social class, intersect with gendered rape myth narratives. Therefore it is not only rape myths that play a role in undermining the credibility of victim-survivors and bolstering the presumed innocence of defendants. The reality inside the courtroom is much more nuanced than that. Myth-busting measures are unlikely to have the desired effect without taking account of broader structural inequalities. Fair justice cannot come from a system where convictions and acquittals can be made based on myths and stereotypes.

Contact

Ellen Daly, Anglia Ruskin University

Email: Ellen.daly@pgr.anglia.ac.uk

 

Copyright free images courtesy of the author

 

 

Jostling for Space: ‘teaching about policing’ or ‘teaching for policing’?

Looking historically and at current developments within policing today, we suggest there is a (soft) distinction between ‘teaching about policing’ and ‘teaching for policing’.

SCharmanSSavageSarah Charman and Steve Savage are Reader in Criminology and Professor of Criminology respectively at the Institute of Criminal Justice Studies, University of Portsmouth.

In this piece we situate ‘teaching policing’ within a longer term historical framework and on this basis reflect on the current challenges of teaching policing in the light of the Police Education Qualifications Framework (PEQF) and the status of higher education institutions (HEIs) alongside that agenda. In both respects we suggest a (soft) distinction between ‘teaching about policing’ and ‘teaching for policing’.

To clarify, ‘teaching policing’ should be seen as much more than teaching police officers or police staff about policing. It is of course significantly concerned with teaching those directly involved in policing, but it also embraces teaching programmes concerned with policing and related subjects within other undergraduate or postgraduate degrees, most commonly criminology degrees – many students from which become police employees in due course. We would argue that the content of teaching policing to police officers (increasingly ‘for policing’) should not depart too much from the content on offer to the non-police officer students (‘about policing’). We will explain later.

To begin, we can look at the long history of teaching policing in the university context. As one of the authors has argued before, we can, at the risk of some over-simplification, periodise university provision for policing (and more generally police working relationships with universities) into three phases: the ‘sponsorship’ phase; the ‘partnership’ phase; and the ‘contract’ phase.

The ‘sponsorship’ phase dates back to the 1970s and ran until the late 1980s, and relates to the secondment of individual police officers to universities to study on a degree of their choice as a full-time (but salaried) student. The best-known scheme of this type was the ‘Bramshill Scolarship’, but a number of individual police forces, mainly the larger metropolitan ones, ran schemes of their own. Those chosen were typically at sergeant or inspector rank, and the ethos at the time was to give opportunities for university study for ‘high fliers’ who did not have that opportunity when younger – this was after all a scheme which ran at a time when the graduate was almost an unknown figure in the police. Often, they chose to study Law, and often at leading universities. A generous scheme indeed for the very small number lucky enough to be selected.

The ‘partnership’ phase ran from the late 1980s (the University of Portsmouth began its first such programme in 1988) and is only just being fully replaced by the machinery of the PEQF. This involved universities forming partnerships with police forces to deliver jointly designed or agreed policing related education to selected cohorts of police officers (whose fees were often paid by the force as part of continuing professional development), normally under the banner of degrees in policing or police studies. A key feature of such programmes is that they typically covered police-related themes that were not covered in police training itself. Subject areas such as criminology, criminal justice, the politics of policing and the sociology and psychology of policing were examples of this.

Growing financial constraints for police forces, rising part-time student fees and an increasing emphasis on ‘value-for-money’ meant that not only did partnership schemes lose the financial basis on which they partly depended – force funding for student officer fees – but all educational schemes were placed on a ‘return on investment’ basis, often narrowly so. This opened the door to the ‘contract’ phase in which a partnership relationship was giving way to a ‘client- contractor’ one, with the police as commissioning client and HEIs as contractor. Early versions of this appeared with some of the ‘foundation degrees in policing’ where the degrees in question were designed as integral to police training within the client forces. Furthermore, they were often delivered in the universities by recently retired police trainers. Was this in danger of becoming ‘business as usual’ as a form of ‘police training on the university campus’?

Of course, the PEQF has taken the contractual model very much further. Police forces, or groups of forces, have been putting the police constable degree apprenticeships and degree holder education programmes out to competitive tender with (some) HEIs competing to run them. More will follow with Masters level programmes.

We would argue that this longer-term trajectory has involved a transition from HEIs offering teaching about policing to them being increasingly contract-bound to deliver teaching for policing. Teaching-about-policing is about content being primarily academically driven according to subject disciplines and assessed primarily through theoretically informed critical analysis. Teaching-for-policing is about teaching being directly driven by police sector defined professional competencies and approved on the basis that it does so. Of course, the two are not mutually exclusive. Teaching-about-policing has usually had one eye on ‘what police officers might want to know’ to aid professional development. Furthermore, many recent teaching-about-policing programmes have included teaching-for-policing elements such as the pre-join Certificate of Knowledge in Professional Policing offered within criminology degrees. Nevertheless, there seems to be no doubt that the balance between the two has shifted towards the teaching-for-policing end of the spectrum.

Many within the HEI sector have welcomed this shift and some indeed have played active roles in programme design on that basis. The HEI sector, or at least parts of it, has exhibited support for this agenda shift by actively seeking to play a part in the PEQF. The PEQF, after all, does institutionalise and formalise a central role for HEIs in the police learning and development scene – in place of the voluntary and permissive relationship between the police service and HEIs typified even within the ‘partnership’ model outlined earlier. However, we would just urge that as the shift towards ‘teaching-for-policing’ progresses we should not lose sight of what ‘teaching-about-policing’ has contributed and continues to contribute to our understanding of policing and that we avoid as much as we can a continuation of existing models of delivery rather than transforming to alternative methods of delivery.

There is therefore a potential danger that what is taught and how it is taught within the ‘teaching-for-policing’ agenda may drift towards ‘business-as-usual’ and not the fully transformational shift which many of those behind the design of the PEQF have been seeking. Inevitably, the anchoring of policing degrees in pre-designed professional competencies places major constraints on the curriculum and its assessment with the potential to sideline critical reflection.  The achievement of these competencies becomes the only desirable outcome of the learning process; the ends are therefore all important, the means become largely irrelevant.   However, there is some degree of flexibility within those constraints in terms of what is taught and how it is taught and by whom.

There is a case for claiming that criminology should be as central to police education as medicine is to nursing.  Indeed, it is encouraging that criminologically driven concepts such as procedural justice and restorative justice are now mainstream within police learning and development design. These are theories whose origins lie in research allied to ‘teaching-about-policing’. As sociologists and criminologists (we would say this wouldn’t we?) we would make a plea that criminology, the politics of policing and the sociology and psychology of policing, all get fairly and fully represented in teaching-for-policing programmes, whatever the time and space constraints of a curriculum which must deliver professional police competencies.

 

Contact

Dr Sarah Charman, Reader in Criminology, Institute of Criminal Justice Studies, University of Portsmouth.

Professor Stephen P. Savage, Professor of Criminology, Institute of Criminal Justice Studies, University of Portsmouth.

Emails:

sarah.charman@port.ac.uk

steve.savage@port.ac.uk

Twitter:

@sarahc2612

 

Images: courtesy of the authors