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BLOCK 3 > Race > Flashcards

Race Flashcards

1
Q

Lammy Review Conclusions

A
  • BAME still face bias incl overt discrimination in CJS
  • prejudice declined but still exists
  • Focus on treatment and outcomes rather than decoding the intentions behind countless decisons made by different institutions
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2
Q

Criminal Justice Act (1991)

A

‘The Secretary of State shall in each year publish such information as he considers expedient for the purpose… of facilitating the performance of those engaged in the administration of justice to avoid discriminating against any persons on the ground of race or sex or any other improper ground…’

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3
Q

MOJ (2014)

A
  • BAME over represented in CJS
  • black and mixed most over rep
  • trends of BAME mirrored overall trends with little change in relative positions between ethnic groups
  • In 2013/14 stop and searches; blacks 4.5x more than whites, mixes 2x and Asians 1,5x
  • stops resulting in arrests higher for black and mixed
  • Black and mixed arrests up to 3x higher
  • Robbery had highest proportion of BAME (37%) and burglary the lowest (12%)
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4
Q

what influences stop and search/arrest rates

A
  • Policing strategies
  • discrimination by officers,
  • Higher imprisonment rates may be influenced by courts handing down harsher sentences to minorities
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5
Q

Graham and Bowling -YLS

A

found that white and black rates of offending were similar (self-reporting study)

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6
Q

Sharp and Budd (2005)

A

– (self-reporting studies)
• 42% of white respondents reported offending
• 39% of mixed ethnic respondents
• 21% of Asian respondents (lowest reporting of offending)
• 28% of black respondents

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7
Q

Offences

A
  • OCJS focused on burglary; vehicle related; other thefts; criminal damage; robbery; assault; selling drugs
  • Consistent in terms of reporting but robbery – 2% of blacks reported committing this offence as compared to 0.5% of whites
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8
Q

Bowling and Phillips (2002)

A
  • poverty;
  • Status frustration
  • ‘black power’;
  • Labelling
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9
Q

Scarman to Lawrence

A
  • Scarman Inquiry post Brixton riots in 1981
  • oppressive policing
  • SWAMP 81 – targeted operations (Scarman)
  • Lawrence death (1993) and MacPherson Inquiry (1999)
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10
Q

Death of Stephen Lawrence April 1993

A
  • Lawrence walking home with friend Dwayne Brooks – stabbed twice and managed to walk approx. 100 met. – then collapsed and died
  • Criticisms of failed investigations and unsuccessful prosecutions
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11
Q

TIMELINE

A
  • 7 May 1993 – Jamie & Neil Acourt and Gary Dobson arrested; David Norris handed himself in; Luke Knight arrested on 3rd June
  • Charges dropped by CPS – insufficient evidence; confirmed on 16 April 1994 by Review of Met Police
  • April 1994 – Lawrence family start private prosecution. No legal aid – relied on pro-bono work. PP against all 5 youths (charges dropped against Jamie Acourt and David Norris)
  • April 1996 – Neil Acourt, Luke Knight and Gary Dobson acquitted
  • Para 2.3 MacPherson Report: “They can never be tried again in any circumstances in the present state of the law.”
  • Inquest held in 1997 – 5 suspects refused to give evidence
  • 13th Feb – decision of inquest (after just 30 mins of delib) – unlawful killing – and out with their remit stated that it was as The Inquest jury returned a unanimous verdict after a full hearing in 1997, that “Stephen Lawrence was unlawfully killed in a completely unprovoked racist attack by five white youths“ (MacPherson Report, para 2.5)
  • Daily Mail headline and photo of youths with headline ‘murderers’
  • None of them sued for defamation
  • Home Sec. Jack Straw met with Doreen Lawrence
  • 1997 – Inquiry ordered by Home Secretary
  • Completed in 1999 – over 70 recommendations (many relating to police).
  • ALSO SIGNIFICANT – double jeopardy – rule that you cannot be re-tried for same offence to be changed – was done so through CJA 2003 (became law in 2005)
  • June 2006 – cold case review of Stephen’s murder
  • Sept 2010 – Dobson (in prison at the time) – Dobson’s original acquittal quashed so he could be re-tried – he and Norris charged with murder
  • June 2012 – found guilty
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12
Q

Lawrence = justice?

A
  • 3 January 2012 - Guilty of murder
  • Dobson and Norris found guilty of Stephen Lawrence.
  • Microscopic evidence links them to the murder.
  • Both received life sentences;
  • Dobson min. - 15 years 2 months
  • Norris min. - 14 years and three months
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13
Q

MacPerson 10 years on

A
  • Lessons learnt – Scarman to Lawrence to MacPherson 10 years on –
  • MacPherson adamant that failings of the police were systemic with lack of accountability (Bowling and Phillips, 2002)
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14
Q

Failures

A
  • Allegations of police corruption – senior investigating officer taking bribes from Clive Norris (dad of David Norris)
  • Allegations of threats and intimidation of witnesses
  • = lack of confidence in police
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15
Q

MacPerson: Failed Stephen

A

• Institutional racism: Stephen’s murder was “marred by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers.”

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16
Q

MacPherson: Institutional Racism

A

“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.”

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17
Q

MacPherson Report

A

• “In his evidence during Part 2 of our Inquiry, Chief Constable Burden (South Wales Police) rightly impressed upon us that racism exists within all organisations and institutions, and that it infiltrates the community and starts amongst the very young. Recent research in Cardiff showed that 50% of the racist incidents considered by the Race Equality Council involved young people under 16 years old, and 25% of these incidents involved children between the ages of six and 10 years. The problem is thus deeply ingrained. Radical thinking and sustained action are needed in order to tackle it head on, not just in the Police Services of our country, but in all organisations and in particular in the fields of education and family life.”

18
Q

Stop and Search

A
  • Black people 7 x more likely to be stopped
  • Asians 3 x under Terrorism Act 2000
  • Low arrest rates from stop and search
19
Q

Increased number is perhaps due to;

A

o Police Racism (The Macpherson report, 1999-Stephen Lawrence case).
 Phillips & Bowling (2007) - stereotypical views police have of ethnic – leads to targeting for stop & search
o Demographic Factors
 Ethnic Minorities - over represented in population groups most likely to be stopped e.g. young, unemployed and urban dwellers
o Ethnic Differences in offending

20
Q

Stop and Search: Waddington (2004)

A
  • Higher number of blacks compared to whites stopped by police
  • Suggests that more BME youths in inner cities at night - police target the high risk areas
  • If these high risk areas are populated more by BME groups then they are by their numbers more likely to be stopped and searched –
  • Because they are there – not because of their ethnicity
21
Q

MacPherson on Stop and Search Rec 60

A

• 60. That the powers of the police under current legislation are required for the prevention and detection of crime and should remain unchanged.

22
Q

MacPherson on Stop and Search Rec 61

A

• 61. That the Home Secretary, in consultation with Police Services, should ensure that a record is made by police officers of all “stops” and “stops and searches” made under any legislative provision (not just the Police and Criminal Evidence Act). Non-statutory or so called “voluntary” stops must also be recorded. The record to include the reason for the stop, the outcome, and the self-defined ethnic identity of the person stopped. A copy of the record shall be given to the person stopped.

23
Q

MacPherson on Stop and Search Rec 62

A

• 62. That these records should be monitored and analysed by Police Services and Police Authorities, and reviewed by HMIC on inspections. The information and analysis should be published.

24
Q

MacPherson on Stop and Search Rec 63

A

• 63. That Police Authorities be given the duty to undertake publicity campaigns to ensure that the public is aware of “stop and search” provisions and the right to receive a record in all circumstances.

25
Q

2014 MOJ Report – prosecuting and sentence

A

• Relative to the population, the rates of prosecution and sentencing for the Black ethnic group were three times higher than for the White group, while for the Mixed group they were twice as high, mirroring arrests

26
Q

Prosecution and Conviction

A

• CPS more likely to drop cases against ethnic minorities (evidence challenged as often weaker and based on stereotyping of ethnic minorities as criminals)
• Black and Asian defendants - less likely to be found guilty
* Joint Criminal Enterprise- where secondary party can be prosecuted as a principal, tended to be used to address gangs

27
Q

Ethnicity and Imprisonment

A
  • Custodial sentences more likely to be given to black offenders
  • Blacks and Asians over - represented in prisons and more likely to be given longer sentences.
28
Q

2014 MOJ Report: conviction and custody

A

• Other offenders had the highest conviction ratios, consistently for the past 5 years. There is variation in custody rates across ethnic groups and offence groups; differences in patterns of offending may well explain these. Since 2010, average custodial sentence lengths have risen for all ethnic groups, but remained consistently highest for Asian and Black offenders, and higher for all BAME groups compared with White offenders

29
Q

Foreign Nationals Stats.

A

such disproportionality has also been observed in the foreign national (FN) offender community, but has only gained attention since immigration changes in 2006 (Bosworth, 2011)
• Recent studies report a rise of 171% female foreign nationals remanded in custody between 2000 and 2009 (Prison Reform Trust, 2012).
• Foreign nationals now make up 13% of the overall prison population (Prison Reform Trust, 2013).

30
Q

Equality Legislation

A
  • Race Relations (Amendment) Act 2002
  • Equality Act 2007 – Race Equality Duty
  • Race Equality Review 2008: Implementing Race Equality in Prisons, 5 Years On (post RR(A) A 2002
  • Equality Act 2010 – Single Public Equality Duty
  • Equality and Human Rights Commission: Stop and Think – A Critical Review of the use of stop and search powers in the UK (2010)
31
Q

Left Realists (Lea and Young)

A
  • Racism = marginalisation and economic exclusion
  • higher levels of unemployment, poverty and poor housing
  • Media = fuels feelings of relative deprivation given preoccupation with materialism
  • minority groups cannot meet those materialistic aspirations by legitimate means so
32
Q

Delinquent subcultures

A
  • Feel marginalised or socially excluded - no-one to represent their views, their frustration – leads to revolt – violence
  • Suggest that racist policing = criminalisation of BAME groups
  • BUT selective racism between BAME groups if rates are different?
  • Stats show different levels of offending between BAME groups
  • Experiences are different - relative deprivation/marginalisation
33
Q

L&Y Criticism

A
  • Criticised for their views on the role of police racism
  • police stereotypes –
  • Blacks violent & dangerous
  • Asians passive
  • BUT 9/11:
  • Perception of Asians different and targeted – rates have increased re stop and search
34
Q

Hall et al – Policing the Crisis

A
  • Moral panic of mugging associated with black youths – Scarman (1981)
  • mugging perceived to be a ‘black crime’
  • Crisis in capitalist society in 1970’s – strikes, high unemployment - young black mugger made a scapegoat to takes focus from society’s real problems and states inability to deal with those problems
  • Legitimised the response by the police –
  • stigmatised
  • further alienated
35
Q

Race hate crime

A
  • Lawrence – 1993 – Home Secretary refused to consider new criminal offence of racial violence
  • Labour – through CDA 1998 – introduced ‘racially aggravated offences’ see ss28-32 (plus enhanced sentence)
  • Certain offences (not all strands)
  • Any incident in which it appears to the reporting or investigating officer that the complaint involves an element of racial motivation; or any incident which includes an allegation of racial motivation made by any person
36
Q

Initial definition – police have much responsibility

A
  • Post Lawrence Inquiry recommendation:
  • A racist incident is any incident which is perceived to be racist by the victim or any other person
  • Prioritises the victims voice
  • Stats from 1996/97 to 2004/2005 saw increase – 13,000 to 58,000 (HO, 2006) and 2015/2016
  • Recommendation 12. That the definition should be:
  • “A racist incident is any incident which is perceived to be racist by the victim or any other person”.
37
Q

Racist and Religious Hate Crime - Prosecution Guidance

A

• “The CPS uses definitions agreed with the National Police Chiefs’ Council to identify racist or religious incidents/crimes and to monitor the decisions and outcomes:
• “Any incident/crime which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s race or perceived race”
Or
• “Any incident/crime which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a person’s religion or perceived religion.“

38
Q

Increase of hate crime offences in 2015/16

A

for the five centrally monitored strands were as follows:
• 49,419 (79%) were race hate crimes;
• 7,194 (12%) were sexual orientation hate crimes;
• 4,400 (7%) were religious hate crimes;
• 3,629 (6%) were disability hate crimes; and
• 858 (1%) were transgender hate crimes.

39
Q

Minority Representation in CJS

A
  • Experiences of practitioners in the CJS – see Secret Policeman (experience of BME staff within the Police
  • (Phillips and Bowling) point towards under-representation of ethnic minorities within cjs agencies
  • Marginalisation in terms of senior roles
  • HMI reports across CJS agencies point towards unequal treatment and lack of support (Bowling and Phillips)
40
Q

Conclusions

A
  • Concern that CJS does not fully address the needs of multi-faith communities
  • Supposedly ‘neutral decision making’ compromised by discretion within cjs
  • Has the Equality Legislation – 2007 and 2010 as well as Race Relations (Amendment) Act 2002 had any impact?

BLOCK 3 (5 decks)

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