Structured Mayhem: Personal experiences of the Crown Court

This post was contributed by researchers Jessica Jacobson, Gillian Hunter and Amy Kirby from the Institute for Criminal Policy Research (ICPR), School of Law at Birkbeck discuss a recent collaboration with the Criminal Justice Alliance an organisation which works in partnership with 90 member organisations to promote better outcomes across the criminal justice pathway.

Structured-Mayhem-webStructured mayhem: Personal experiences of the Crown Court, is a digest of our research into what it is like to attend Crown Court as a victim, witness or defendant published in full earlier this year as Inside Crown Court (Policy Press).

The Digest describes the elaborate, ritualised and in many respects archaic nature of proceedings in the Crown Court, highlighting how these proceedings can be bewildering and alienating for victims, witnesses and defendants alike. The title of the Digest, Structured Mayhem, conveys the often chaotic nature of the criminal trial and other court hearings, and the inherent challenges involved in seeing a case through to completion. Trials often have a large cast of characters, which must be brought together along with vast documentation and a range of evidence in various forms including video or audio recordings and physical artefacts. Things often go wrong, and delays and adjournments are commonplace.

Participating in the court process

Court proceedings are highly theatrical; but these are dramas within which the legal professionals – particularly the prosecution and defence counsel – playing the starring roles, while the victims, witnesses and defendants having only minor parts. And if victims and witnesses occupy a walk-on role in proceedings, defendants could be said to take on the part of ‘ever-present extras’. Rather than being the focus of events, they often appear to be the least important characters at court: almost incidental to the proceedings that, in fact, largely revolve around them. One manifestation of this paradoxically central but marginal status in court is a marked passivity on the part of many defendants towards being in court. This passivity, which was frequently expressed in our research interviews, runs counter to the widely established principle in law that, in order to exercise fully their right to a fair trial, defendants should be able to participate effectively in the court process.

We have blogged previously about the often stressful and disaffecting experiences of Crown Court reported by victims and witnesses and also about the range of initiatives that have been introduced over recent years to help them at court. Examples include the introduction of the Witness Service, whose volunteers provide support to those giving evidence, and the ‘special measures’ made available for vulnerable or intimidated witnesses, including being permitted to give evidence from behind a screen or via a videolink. Provision for vulnerable defendants is less extensive than that for vulnerable witnesses, but it is increasingly accepted that their ‘effective participation’ in the court process often depends on adequate support and practical adaptations.

What needs to be done to improve participation?

Structured Mayhem includes a series of recommendations from the Criminal Justice Alliance for the Ministry of Justice, HM Courts and Tribunals Service and other agencies, which are aimed at improving the experience of all court users and enhancing the public’s confidence in the criminal justice system.

The recommendations include ensuring equivalence of provision of ‘special measures’ across all groups of court users; promoting the use of ‘plain English’ by professionals at court, and explanation of technical terms, to aid victims’, witnesses’ and defendants’ understanding of what is going on; greater use of restorative justice approaches to further offenders’ opportunities to take responsibility for their offending behaviour and to engage with the court process; and use of the dock during court hearings – which isolates defendants and further alienates them from proceedings – on a discretionary basis only, where the judge deems it necessary for reasons of safety.

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Research round-up: A snapshot around campus

This post was contributed by Andrew Youngson, media and publicity officer at Birkbeck, University of London

This summer, to celebrate Birkbeck’s standing as a world-leading, research intensive university, we have been looking back at some of the fascinating research activities carried out by top thinkers from across the College.

But it doesn’t stop there. Staff members across Birkbeck’s five schools and multiple institutes and centres are ever busy at the sharp edge of research. To give a flavour of activity currently going on, we spoke to a handful of researchers about their current research topics.

Conservation and heritage

Dr Diane HornDr Diane Horn is currently carrying out a study funded by NERC and Arup which aims to produce a ‘roadmap’ to guide practitioners through the process of analysing coastal flood risk in urban areas

What is challenging about this topic of research?

“It’s a really exciting project for me to be involved with – I’ve never done anything quite this applied. I’m working on adaptation options: once we know the extent of the flood risk that a particular city faces from sea level rise, I’m putting together guidance on what their options are, how to choose the most appropriate adaptation response, and how to implement and monitor the success of the adaptation response.

 

“Some cities will be able to protect against flood risk by building barriers (like the Thames Barrier) and some cities will be able to live with the flood risk through improved building codes or land use planning. The real challenge, though, is that some cities will need to make a decision to retreat from certain locations or to relocate particular assets in areas at lower risk. Identifying how this could be done, and how residents and politicians can be convinced that they need to consider retreat and relocation is proving to be the most challenging part of the research.”

Science and biomedicine

Natasa GaneaNatasa Ganea is currently conducting a study which follows the social and cognitive development of a group of sighted infants of blind parents

What kind of a research environment is Birkbeck to work in?

“Birkbeck is a vibrant research hub with curious scientists, passionate not only about their subject, but about science in general. It is not surprising that in such an environment a quick conversation over lunch break or in the evening in the Birkbeck Bar occasionally puts the basis of a new study.”

Politics, society and the law

Dr Sappho XenakisDr Sappho Xenakis’s current research project explores national and international political economies of crime and punishment, corruption, and intersections between organised crime and corruption.

Why did you choose a career in research/academia?            

“I sought a career in academia because of a desire and sense of obligation to strive to understand and engage with the complex politics of everyday life, sentiments instilled in me by my parents.”

Learning, education and development

Prof Claire Callender is currently researching prospective full time students’ attitudes towards debt.

Prof Claire CallenderWhat misconceptions are there around your discipline or area of research?

“Does fear of debt deter students from higher education?  With the escalating student loan debt arising from higher tuition fees in England, this is a key policy question. One might expect that there would be loads of research in England examining students’ attitudes towards debt and its effect on their higher education decisions.

 

“However, there are relatively few studies exploring these issues nationally among prospective students. Most existing studies on student debt are based on the views of students who are already at university. By definition, such students have largely overcome their fears of debt.

 

“Consequently, it is impossible to gauge from such studies if student loan debt actually deters would-be students from going to university. Our study, involving a nationally representative sample  of around 1,500 prospective students, will assess whether concerns over debt and the costs of higher education influence potential students’ decisions about entering higher education, where and what to study, and mode of study.”

Arts, history and culture

Dr Rebecca Darley’s current research title is: ‘A sign of God’s favour: Byzantine gold coins in the Indian Ocean’

Dr Rebecca DarleyWhy did you choose this topic of investigation?

Coins minted in the eastern Mediterranean between the fourth and seventh centuries A.D. and found in south India have usually been interpreted as evidence for trade. By studying the writings of Byzantine authors about these coins I am interested in re-focussing on the meaning they reflected back to their place of origin.

 

The relationship of the Byzantine Empire to its coinage was never purely commercial and money could often be an explicit symbol for power and virtue, as it proved when writers commented on Byzantine gold reaching India — not as a sign of economic prosperity but of divine favour and the pre-ordained superiority of Byzantine virtues over those of its neighbours.

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A reflection on the Research Excellence Framework 2014

TStephenFrosh_2014his post was contributed by Professor Stephen Frosh, Birkbeck’s Pro-Vice-Master for Research. In December 2014 the UK higher education funding bodies published the results of the Research Excellence Framework (REF), a peer review process which evaluates the quality of research in the UK’s universities.  Funding decisions based on the REF results will be announced this spring.

The results of the 2014 Research Excellence Framework (REF) were published in December 2014 and have been widely reported. While the official results of this six-yearly audit of university research take the form of institutional ‘profiles’ made up of outputs, impact, environment and an overarching narrative, there has also been strong  interest in where each institution sits in the various informal league tables that have followed.

Birkbeck did well in the REF. In keeping with the rest of the sector, our results improved significantly since the last such research assessment in 2008, when 56% of our research was rated as ‘world-leading’ or ‘internationally excellent’, the top two categories. This time, 73% of our research was judged in those categories. Unlike many universities, our performance was not inflated by a strategic decision to include only our most research-active academics in the assessment. Birkbeck submitted 83% of eligible staff to the 2014 REF, well above the national average. This led to the College’s strong performance in league tables which take into account the percentage of staff, rather than just the overall grade point average (GPA) of research, submitted. Birkbeck achieved a ranking of 30th in the UK for its research by the Times Higher Education – placing the College above Russell Group institutions such as Cardiff, Leeds, Liverpool, Queen Mary, Sheffield and York.

Of the 14 subject areas that Birkbeck submitted, half were rated in the top 20 nationally. Our science submissions performed exceptionally well, with Psychological Sciences rated 5th in the UK and the College’s two joint submissions with UCL – Earth Systems & Environmental Sciences, and Biological Sciences – rated 6th and 11th respectively.  Our outstanding subjects in the Times Higher Education’s ‘research-intensity’ league tables  include Law, ranked 6th overall (putting it among the top 10 law schools alongside the LSE, UCL, Oxford and Cambridge) and History, ranked 7th.

Similarly, the College performed strongly in league tables based on the percentage of research judged to be ‘world-leading’, indicating the very high quality of much of our research. I am also particularly pleased that – in addition to the outstanding performance of some of our top disciplines – we can celebrate the good performance in the REF of new areas such as Sociology and our reconfigured Modern Languages group, reflecting the College’s ability to build new research areas over time.

The 2014 REF threw up new challenges for the sector. For the first time, it required universities to demonstrate the impact of their research beyond academia. The College responded very well to this challenge, with good ratings in most areas and outstanding results in three subject areas – History; Art and Design; and Psychology, Psychiatry and Neuroscience – where 100% of Birkbeck’s submissions were rated in the top two categories for impact. The broad scope of our research and its impact are showcased on the College research webpages under six themes: arts, history and culture; conservation and heritage; learning, education and development; politics, society and the law; science and biomedicine; and work and the economy. This demonstrates how closely Birkbeck’s research relates to many aspects of our everyday lives – whether influencing policy-makers in their thinking about early years education; working with major companies to educate parents about their child’s development; or trialling new drugs for the treatment of cancer.

The results of the REF are important for many reasons, including the credibility of our claim to be research-intensive, our reputation with the public and our strong standing within specific disciplines. Importantly, from a financial perspective, the likelihood remains that HEFCE research funding will be allocated according to a formula based on proportion of 4* and 3* overall outcomes multiplied by number of staff submitted, with 4* more heavily weighted.  What this means for Birkbeck will be clearer when funding decisions based on the REF results are announced in spring 2015. At the moment, we expect to earn about the same amount College-wide (though with a somewhat different distribution between disciplines within the College) from the REF as we have done from the RAE (well over £6m in 2014-15) – but we shall have to see whether the funding formula changes, and also whether the UK’s spending on research and development as a proportion of GDP, which is very low by international standards, continues to fall. Birkbeck’s results also show the enormous amount of hard work that has gone on in recent years by our academics. At a time of turmoil in the higher education system, they have continued to produce top-quality research.

The REF was a stressful experience for many people in the College and I am especially grateful to them for the work they put into Birkbeck’s submission. As might be imagined, we have been poring over the results and thinking about how to build on them for the future. We have a new Research Strategy that aims at facilitating the creativity of our research community. We are looking closely at issues of research leadership and we are reviewing the policies and provision we have in relation to postgraduate research students. There is, as ever, plenty to do, but the REF has confirmed our own self-perception as a highly active research-based institution of genuinely international standing.

Listen to a podcast with Professor Frosh about the REF 2014 results.

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The World Prison Brief: database of global imprisonment levels

This post was contributed by Roy Walmsley, Director of the International Centre for Prison Studies’ world-renowned World Prison Brief. In November ICPS was merged with the Institute for Criminal Policy Research in Birkbeck’s School of Law.

iStock_000012313253XLargeThe aim of the World Prison Brief (WPB) is to enable more well-informed discussion about appropriate levels of imprisonment and about issues such as the use of imprisonment for women, the use of pre-trial imprisonment and the problems of prison overcrowding; and to contribute to the making of sound evidence-based decisions by all who are endeavouring to improve prison systems worldwide.

The WPB was launched in September 2000. It contributes to the knowledge base on the use of imprisonment by giving details of prison population levels in over 220 independent countries and dependent territories. It shows the variations in practice in different countries, regions and continents and makes it possible to estimate the world prison population total (over 10 million). It also gives information on the proportion of pre-trial, female, juvenile and foreign prisoners in the total, as well as on the official capacity of each prison system and its occupancy rate, thus indicating the level of overcrowding. Recent trends in prison population levels are also shown.

The information comes from a variety of sources, principally the national prison administration, the Ministry responsible for the prison administration or the national statistical office. So these are official figures and they are obtained from publications by these bodies (including annual reports and data on official websites), direct communication with contacts in the prison administrations, responses of these bodies to international surveys etc. Sometimes information comes via a third party (e.g. an international body or a non-governmental organisation) and such material is used when the source is established as reliable and the data consistent with what is already known about prison population levels in the country concerned. Information is collected on an ongoing basis and the website is updated monthly with data obtained during the previous month.

It is essential that the information should be as reliable as possible. This is of course dependent first of all on the reliability of the data published by the official bodies in the countries concerned. In practice the main difficulty encountered – apart from the fact that so many countries do not publish prison population numbers, or do so only rarely – is incompleteness of data. This can result, for example, from the omission in some countries of figures for a part of their country that is separately administered and in other countries the omission of data on persons whose pre-trial detention occurs in police facilities instead of prisons. When this is known to be occurring the WPB draws attention to it alongside the official figures.

Ensuring the reliability of data also depends on validating it carefully. Newspaper reports quite often quote a prison department or Ministry official giving a figure that is obviously wrong. All new figures are compared with data previously recorded in order to minimise the chances of mistaken information appearing in the WPB.

The WPB is the only source of comparative data on prison systems worldwide and is regularly quoted in briefings by Governments, by inter-governmental bodies such as the OHCHR, UNESCO and OECD, by NGOs and pressure groups, in academic articles and journals and in the media.

Academics use  the data in the WPB to explore policies that lead to higher or lower rates of imprisonment  issue, and politicians, NGOs and think tanks use the data in arguments against the introduction of policies that will lead to a higher rate of imprisonment relative to comparable countries.

That the WPB is considered relevant in prison policy-making circles around the world is evident from the fact that the comparative figures appear in prison administration annual reports in many countries. There is widespread sensitivity to the ranking position in which a country is shown to be, particularly in comparison with its nearer neighbours.

Sometimes it is clear that national policy is quite directly being influenced; governments occasionally send up-to-date figures so as to demonstrate that their situation has improved – numbers have come down – since the figure that the WPB was showing. One government has developed a project to introduce reforms that are designed, in the words of their published report, ‘to eliminate their country from the 50 that are leading in terms of prison population’.

The WPB has, therefore, affected the discourse on the use of imprisonment among governments, academics, NGOs and think tanks. The ability to compare a country’s prison population level with that of its neighbours, the rest of its continent and the rest of the world has caused administrations to think more deeply about their own use of imprisonment.

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