Crime, Criminal Justice and the Probation Service
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Crime, Criminal Justice and the Probation Service

Robert Harris

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eBook - ePub

Crime, Criminal Justice and the Probation Service

Robert Harris

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About This Book

First published in 1992, Crime, Criminal Justice and the Probation Service is a thought-provoking analysis of the role of the probation service in developing an integrated system of criminal justice. Robert Harris provides readable information about our knowledge of such areas as criminal statistics, victims, fear of crime and crime prevention. He also explores the treatment of women and ethnic minorities by the criminal justice system, the question of a sentencing council and the future of community corrections. A central theme is that all the professionals involved in the criminal justice system must work more closely together so that the mistakes of the past can be avoided in the future. The book therefore has a wide appeal not only to probation officers and social workers, but also to criminal justice professionals and administrators, including the police and the legal profession.

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Information

Publisher
Routledge
Year
2022
ISBN
9781000629637
Edition
1
Topic
Law
Subtopic
Criminal Law
Index
Law

Chapter 1 Criminal statistics – some themes and issues

DOI: 10.4324/9781003310556-1
& vilely drawn pictures brought home to the dullest intelligence an interminable succession of squalid crimes, women murdered and put into boxes, buried under floors, old men bludgeoned at midnight by robbers, people thrust suddenly out of trains, happy lovers shot, vitrioled and so forth by rivals.
(H.G. Wells: Tono-Bunsay)
Sixty-seven percent of the doctors surveyed preferred X to Y. (Jones couldn’t be persuaded.)
(Paulos 1989: 99)
Our widespread use of statistics is usually accompanied by an almost equally widespread mistrust of them. To live in an advanced industrial society without recourse to batteries of figures on most areas of life would be, literally, unthinkable. For this reason alone it is psychologically as well as socially necessary to assume that the figures we daily consume at least approximate to what (as this is not a book about philosophy) we shall call ‘the truth’.
Most of the time this works quite well. Many statistics tell us simple, factual things: how many of us are married, own a dishwasher, intend to vote Conservative. There is no strong likelihood that we shall deceive the collector of the figures, and if the study is competently and honestly conducted the results will be good enough, even though they reflect only the ‘truth’ of a frozen moment in time. Hence the figures on marriage may be dramatically changed by a new tax incentive which encourages cohabiting couples to trip up the aisle, those on dishwashers by a health scare or those on voting intentions by a key policy change by any of the political parties.
Other kinds of official statistics are less simple, and criminal statistics are, for three main reasons, among the most misleading.1 Firstly, most crime is a secret activity inaccessible to conventional forms of social enquiry. Secondly, variations in criminal statistics are variably, unpredictably, and sometimes only incidentally related to changes in the behaviour of the criminals. Equally if not more significant are changes in the processes which transform invisible criminality into visible crime; indeed it is these processes which the statistics measure. And thirdly, the essentially political nature of criminal statistics makes them, alongside other ‘social problem statistics’ such as health and employment figures, especially vulnerable to political manipulation. So just as a reduction in hospital waiting lists could indicate that the National Health Service was doing better or that people had so lost confidence in the adequacy of the system that they were not troubling their doctor with minor complaints or that there had been a shift in family practitioner referral practice or that the counting rules had changed, so do criminal statistics begin rather than end the argument. Borrowing the language of the tabloid press, how can we tell whether a crime wave which incorporates everyone from sex fiends to dole fiddlers reflects an increase in criminal behaviour, improved training for social security inspectors, a shift in policing policy, or a misleading figure whipped up by an interest group to ‘prove’ the failure of the Government’s social and penal policies or the need for more police?
Criminal statistics are, therefore, problematic, and criminal justice professionals need a good working knowledge of their uses and limitations as well as those of alternative data-gathering strategies designed to complement the official approach. For probation officers in particular a grasp of this is especially important, for the members of the public with whom they will in the future be working increasingly closely are inevitably exposed less to the knowledge of the expert than to the headlines of the tabloids. As we proceed, therefore, you will see that I believe the criminal justice professional of the future should not only be able to give a balanced and informed account of crime and criminal justice to a wide range of members of the public but also encourage them to feel that crime is not a social ‘fact’ beyond their control, but a process in which it is desirable that they intervene.
Locating this chapter and the next early in the book is designed to indicate just how fundamental their content is to what follows. Nowhere can we talk confidently about ‘crime’ as behaviour; always our discussion is mediated by statistics which filter what we observe about crime itself. Sometimes I make this explicit, sometimes, for I do not want to bore you with too much repetition, it is unsaid. Always, though, we must tread warily, being aware of the contradiction in which the criminologist is trapped, of speaking about the artefact and calling it reality. In this chapter I shall be demonstrating the extent of the problem, in the next I shall show how attempts have been made to solve it. And for the rest of the book we simply proceed as best we can in a world where almost nothing is quite what it seems. It is a world which is fairly simple to those people who, on discovering my profession, buttonhole me on trains and at parties, and confidently inform me about the increase in crime, its causes and cures. But the more we penetrate the dark interior of the world of crime and criminal justice, the more complicated and mysterious it becomes.

ON USING OFFICIAL STATISTICS

Though ‘counting’ has doubtless characterised all advanced societies for many centuries, most official statistics are the products of the rise of industrial capitalism in the eighteenth and nineteenth centuries. The first census took place, in the midst of political outrage, in 1801, and the bureaucratisation of government in the nineteenth century led to the development of distinct statistical divisions. The first international statistical congress took place in 1853 at the suggestion of Quetelet, and included criminal statistics among its ten topics for discussion (Wilkins 1980). This official measurement combined with the efforts of researchers and reformers such as John Howard, Charles Booth and Seebolun Rowntree to influence nineteenth century social policy.
Official counting has always been accompanied by a degree of scepticism (Pepinslcy 1980), based either on the suspicion that the counting methodology is inadequate or that counting is a mystification, a self-seeking manipulation of data by the powerful. Only more recently has a more fundamental theoretical critique emerged which rejects the very basis of what is sometimes pejoratively called ‘number crunching’, arguing instead that a statistic is a social product not a fact. Once we move from the ‘mere’ counting of the obvious and uncontroversial (for example, the total number of pigeons sitting in Trafalgar Square at noon on Saturdays in November 1991) into areas of social definition or meaning, there is room for ambiguity and hence manipulation. It is not hard to count pigeons if we ensure the researcher is honest, can tell the time and knows what day of the week it is, can distinguish pigeons from ring doves and seagulls, can count, knows the boundaries of the Square and is clear whether to include walking as well as stationary pigeons and pigeons which land at a second past noon. With more complex categories the situation is less simple, and since the purpose of collecting statistics is usually instrumental not intrinsic, it is not often, to this school of thought, that we can be confident about the accuracy of the figures or the uses to which they will be put (see for example Irvine, Miles and Evans 1979).
Few informed commentators would today accept the commonsense view that in an area such as crime we need only to refine our data gathering, analysis and interpretations to get at what is ‘right’ and to form a rational policy on the basis of it. That is not, of course, the same as saying that there is no point in having the statistics. After all, as R.H. Tawney once memorably wrote, the impossibility of attaining a state of absolute cleanliness does not mean that we should roll in the dung heap. No, what we have to do is be clear in what ways statistics can help us and in what ways they can mislead.
Here, for example, are some problems with ostensibly uncontentious data. I begin, deliberately, with an example which has little to do with criminal statistics, but which raises some related issues. As you read it, try and think in what ways it is similar to, and dissimilar from, what you know already about criminal statistics. Note also that to be a critical and informed consumer of official statistics does not necessitate having more than a fairly elementary technical knowledge of statistics. Though such knowledge will make you a more sophisticated consumer, you can get a long way with a critical intelligence and a healthy scepticism. You will seldom be lied to by the statistician (and if you are, you will probably never know), but nor will you always be told the whole truth. Hence, to have your wits about you is essential.
1. How many people are unemployed? Clearly ‘unemployment’ is not a ‘thing’ like a leg or a tooth or a castle, but a social definition. We should not, therefore, reify it but remember that because it is an artefact it can mean very much what significant definers of the word want it to mean. It may, therefore, have different definitions for different purposes. Do we define as an unemployed person someone who:
  • is not in full-time paid employment?
  • is claiming unemployment-related state benefits?
  • is required, as a condition of receiving benefits, to be seeking work and available to do it?
Do we include or exclude in our definitions people on Government training schemes, the long term sick, housewives, students on vacation, people working in the ‘black economy’, prisoners, members of the House of Lords, people with large private incomes? A shift in definitions changes the figures and hence the ‘social meaning’ of unemployment. However clear the researchers may be in their definitions, not only may the popular presentation of their data not reflect this clarity but the definitional changes which are frequently necessary year-on-year in official statistics (whether through changes in law or policy or because one category has been found technically inefficient or politically inexpedient) gravitate against effective comparisons being made.
While it is, crudely, the aim of Government to minimise, and of Opposition to maximise, the numbers of the ‘unemployed’, neither actually has ‘the true facts’ on its side. Of course we should no more expect to receive the ‘truth about unemployment’ from ministers or Opposition spokesmen than we should expect to obtain a dispassionate account of a crime from the speeches of the defending barrister. Nor, strictly, do we get this ‘truth’ from anyone, because ‘truth’ in this simple sense very seldom exists. But the impartial expert analyst should at least set out both sides of the question to enable you to clarify your own opinion.
Nothing, therefore, is quite what it seems, and in an imperfect world we can only ensure that we have examined all sides of the question, been open to changing our views where those views are based on ignorance or error, and resisted the sometimes overwhelming temptation to distort the arguments of the other side. This distortion can take a number of forms, which range from simple misrepresentation to the more subtle process of taking an intellectually weak opponent’s confusion as representative of the other side’s case. From closing one’s mind to new information it is but a short step to using the distorted version of the opposition case to confirm one’s prior position. The old joke applies, that one should not use statistics as the drunkard uses a lamppost – for support not illumination. Though one can never attain true objectivity and impartiality, there are academic conventions which enable one to move closer to them.
One crucial question is for what purpose the statistics have been collected and to what use you as a consumer wish to put them. In the case of unemployment, because it is not a ‘thing’ its meaning shifts as the social and political context of its ascription shifts. If Government, concerned at the problem of unemployment among school leavers, responds by ‘creating’ work or training and makes undertaking it a condition of receiving benefit, we face a new definitional problem of who, actually, is unemployed: the school leavers doing the created work and receiving unemployment benefits, the jobless school leavers who decline to do the created work and hence do not qualify for unemployment pay, neither or both. A benefit-based definition of unemployment would include the first category but not the second, an activity-based one would do the reverse; a flexible one might include both and a rigid one neither.
Our first task, therefore, is to interrogate the figures. Remember, they are not measuring an incontrovertible ‘thing’ but an artefact which can change as its creators change their minds. As we look at the figures we must ask ourselves what might be their multiple meanings? What questions do they leave us with? Remember, the figures will almost certainly not have been falsified but will tell a partial story. As we proceed, therefore, we must ask not only what the figures say but what they do not say. Every table is its own detective story.
When we are clear what the figures do (and do not) say, we can decide how to use them. Let us return to our job creation’ problem. If our interest is in calculating the present cost to the Treasury of unemployment benefits, we need to include the youngsters engaged in job creation schemes but exclude the youngsters not so engaged. But if we want to examine the cost to the Treasury of increasing the numbers of unemployed school leavers in a scheme (perhaps by introducing penal sanctions or, conversely, by making the schemes more attractive) the numbers in this latter group represent a crucial piece of data because they will tell us the size of the reservoir of potential, as opposed to actual, claimants.
But let us suppose that our interest is of a different kind and we wish to test the market for a day centre for unoccupied unemployed youths. In this case, our interest in ‘unemployed’ youngsters in job creation schemes is incidental, for they will be too busy to come to the centre. Our only interest in them is in the drop-out rate, for our potential consumers will include job creation drop-outs as well as non-participants.
It is necessary, therefore, to look behind the figures, regarding them not as providing answers but as posing yet more questions. It is part of the job of any professional to look beyond the figures, to become a literate consumer and to be able to give dispassionate and well-informed policy advice. But let us leave our unemployment problem and take another example, this time from the world of crime. Here I have chosen a category about which there has been surprisingly little statistical controversy.
2. How many murders are committed? It is obvious that there are serious problems in determining the trends in a whole range of under-reported offences – from shoplifting to soliciting, from drug offences to embezzlement – but it is generally assumed that this kind of problem does not arise with murder. But even in this (still) relatively rare and seemingly straightforward area of criminality, all is not what it seems.
As unemployment is a social construct, so is murder a legal construct, a particular form of unlawful killing. In a strict sense, therefore, the question ‘how many murders are committed?’ is answered simply: the number of murders committed is the number of murders recorded. All murders come to light because a death is transformed into a murder only by a legal classification. But this tautology is a very pedantic answer to our question, which really should be rephrased as: how many unlawful killings which would justify being categorised as murder are committed? Because there are two main reasons why not all such killings are defined as murders, it is impossible to give a precise answer to ...

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