Leave those kids alone

Criminalising young people is counterproductive and creates lifelong offenders. Rather, we need a co

Where was law and order in the 2010 election? During the campaign, there were arguments about civil liberties, identity cards and immigration control. But the election was the first in over 30 years in which law and order barely figured. This is even more striking given that 2010 will go down as a political turning point.

In 1979, the Conservative Party made law and order central to its drive for power, capturing significant numbers of core Labour voters. In 1997, New Labour reversed the trick, overtaking the Tories on the right and distancing itself from Old Labour's law-challenging radicalism. Most of New Labour's effort went on the first half of its populist slogan "Tough on crime; tough on the causes of crime". Perhaps 2010 will signal a welcome cooling of the law-and-order party-political arms race.

No serious analyst of law-and-order policies believes that either the welter of new legislation that has afflicted our criminal justice system or the locking up of increasing numbers of offenders has made us safer in our beds at night. There is general agreement that the time has come to roll back our heavy use of criminal justice interventions and stop talking up the potency of criminal law to solve our social ills.

On 30 March, just over a month before polling day, Iain Duncan Smith argued in a speech at the Attlee Foundation in London that we could not "arrest our way out of our problems". At the same event, by contrast, Chris Grayling promised "robust policing", but he was not heard
of for the rest of the campaign. Grayling may not get it, but most politicians now do. They privately agree with the Treasury that a grave
financial crisis should not go to waste.

The major cuts in public spending in the policy pipeline provide an opportunity for us to stop doing a few things we should never have done - chief among them criminalising and locking up so many children and young people, thereby grooming a new generation of long-term adult criminals from whose depredations we will all suffer.

The trend is clear. Even though the volume of crimes, including those for which young people are responsible, has fallen since the mid-1990s, by 2007 there were more than twice as many children in custody as at the beginning of the 1990s. The increase is not explained by a corresponding rise in serious crime by children. Events such as the murder of James Bulger in February 1993 or the torture of two boys in Edlington, South Yorkshire, in April 2009, are thankfully rare. In that sense, Britain is no more broken today than it was 20 years ago.

Paying the price

Nor should we get hung up about offensive, antisocial behaviour committed by young people. That may have got worse, but no one seriously believes that the problem is best solved by putting already disaffected and typically disadvantaged youths behind bars. At roughly £100,000 a year, this costs more than three times as much as sending a child to Eton, and the outcome is not an enhanced prospect of becoming prime minister, but typically a lifelong relationship with the revolving door of Pentonville. As the former Conservative home secretary David Waddington confessed, it is an expensive way of making bad people worse.

So, how to save taxpayers money and better protect us from being victimised? It is a good first step that the plan to build a 360-bed young offender institution (YOI) outside Leicester has been scrapped. The proposal was undesirable and unnecessary. The youth custody population of England and Wales has fallen in the past two years from 3,000 to roughly 2,200. The surplus capacity this creates should allow the Youth Justice Board, which commissions custodial places for under-18s, to avoid unsuitable establishments. Indeed, it should be thinking about a completely different residential model.

The new government should now also do the following. First, a new agency should be created, separate from the prison service, to manage all accommodation for young offenders - the local authority secure homes, the commercially run secure training centres and the YOIs. This would make for coherent national planning, which is at present lacking.

This new agency should consider piloting a community-oriented institution along the lines of the proposed Young Offender Academy investigated over the past three years by a working party with the Foyer Federation, the support agency for youngsters making the transition to adulthood. We must keep the secure homes for younger children provided by local authorities. They are expensive, but they provide the sort of one-to-one care needed by children who have done dreadful things but are often both neglected and disturbed. In addition, we must explore an alternative model to the big YOI, an outmoded tool that should have been consigned to the penal dustbin.

Most of the cost of youth custody should be transferred from central government to the local authorities from which the young people come. This proposition has been pondered indecisively in Whitehall for several years. It must now be done. It would be the best way to give an incentive to the local authorities to invest in crime-preventive community programmes (research shows that confidence in these programmes is critical in persuading sentencers to avoid the use of custody). If this happened, a question mark would hang over the continued need for the Youth Justice Board.

The thousands of young people locked up each year spend, on average, 14 weeks in custody. It is wrong that a high proportion of them are held far from home, and unsurprising that the overwhelming majority are reconvicted within 12 months of getting out. Preventing youth crime involves determining responsibility and fixing consequences. But it also involves promoting positive, law-abiding opportunities and working with families as well as individual offenders - not further dislocating already fragile relationships. None of these processes is best achieved by transporting teenage offenders to large, distant, prison-like institutions.

Too much too soon

Finally, the conviction on 24 May of two boys aged ten and 11 on a charge of attempted rape of an eight-year-old girl should lead the government to reconsider the age of criminal responsibility. It is not in the interests of any child, either victim or offender, or society at large, that children as young as this undergo adversarial criminal justice proceedings. Such matters are, if necessary, better dealt with by the family courts and childcare proceedings.

Law-and-order services, which cost just under 6 per cent of overall public expenditure, are not going to be among the heaviest hit in the period 2011-2014. Policing, which claims the largest share of the pot, is too politically sensitive for that. But things are nonetheless going to be tough for front-line practitioners. There will be significant cuts. This makes it imperative that we shift the centre of expenditure gravity from that which is totemic to something that has a prospect of working

Rod Morgan was chairman of the Youth Justice Board from 2004-2007

Crime and punishment

Levels of youth crime have decreased overall since the early 1990s. However, during this time, there has been an increased use of custodial sentences for children and young people. In 1999, Home Office figures showed that while the level of detected youth crime had fallen by 16 per cent since 1992, custodial sentencing had more than doubled.

Tony Blair's establishment of the Youth Justice Board in 2000 continued this trend. While the government was keen to trumpet the success of its reform, a report by the Centre for Crime and Justice Studies said that youth offending had barely changed, but more children had been criminalised or imprisoned. It is a vicious cycle: the same report found that reoffending rates were highest among those who had had a custodial sentence.

Recent years have brought a sharp decline in youth crime: a 10.2 per cent drop between 2005 and 2008. However, this figure fails to take account of more than 19,000 children and young people issued with penalty notices for disorder or antisocial behaviour orders. If such children were included, the 10.2 per cent drop would be nearly eliminated.

This points to a problem in the statistical analysis of youth crime, which is the changing definition of what constitutes a crime, and how harshly it is punished. Crime levels may be unchanged, but criminalisation is rising.

Samira Shackle

This article first appeared in the 21 June 2010 issue of the New Statesman, The age of ideas

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Bernie Sanders and the future of the American left

How an old, white guy is bringing class-based politics to the Democratic primary.

One thing is immediately striking: as he addresses primary rallies across America, arms flailing like a giant bird coming in to land, snow-white hair fizzing skywards like Doc Brown’s in Back to the Future, eyes startled behind the robust spectacles he has worn since childhood, Bernie Sanders looks quite unlike any other presidential candidate.

Perhaps the surprise in those eyes is sparked by the size of the crowds Sanders has been attracting. They are enormous, rivalling the numbers who turned out for Barack Obama back in 2008, and unprecedented for a candidate who is not shy of describing himself as a socialist: 28,000 in Portland and LA, 25,000 in Boston and 15,000 in Seattle. Even in Dallas, not a renowned centre of radicalism, 8,000 turned out to “feel the Bern”.

In these days when slick suits and expensive haircuts are increasingly a turn-off for a public weary of smooth politicians they see as delivering only for the wealthy, Sanders’s persona, like that of Jeremy Corbyn, his equally unkempt British counterpart, has proved popular. But it is his message – an angry chronicling of the depredations facing so many Americans and a solid social-democratic programme for putting things right – that is really pulling in the crowds. Sanders, who is 74, and the main challenger to Hillary Clinton for the Democratic nomination, doesn’t just look different. With his confident calls for a “revolution” to break up the banks and impose higher taxes on the rich, he doesn’t sound like any other recent presidential contender, either.


I first met Bernie Sanders in 1996. I was the publisher of his book Outsider in the House, a political autobiography that appeared the following year (and which has just been reissued by Verso with a new foreword, and more than a hint of optimism, as Outsider in the White House). The occasion was a benefit concert during his successful bid to be re-elected to the House of Representatives from the small, rural state of Vermont.

Sanders’s early years are not well documented, least of all by him. He devotes less than three of the 300 pages in Outsider to the first three decades of his life. He doesn’t much care for the “humble roots” narrative beloved of so many politicians, generally millionaires whose ancestors lived in broken-down cabins. But the raw material is certainly there. The son of Polish immigrants, Sanders grew up in a working-class Jewish family in Flatbush, Brooklyn. At home, money was tight: “Every major household purchase . . . would be accompanied by a fight between my parents as to whether we could afford it,” he wrote.

It was an achievement to gain admission to the University of Chicago, and though he described himself as “not a good student”, that was a result of sacrificing coursework to the cause of social activism. He settled permanently in Vermont at the age of 27, having bought an 85-acre farm in the north of the state for $2,500. Four years later he moved to Burlington, the state capital, where he became involved in city politics, at first in the tiny Liberty Union Party and then as an independent. In 1981 he was inaugurated as mayor and commenced a series of tilts at the state’s congressional seat. He finally entered the House of Representatives in 1991 – the first independent candidate to enter Congress in 40 years.

By the time I encountered him, Sanders was seeking to defend his seat for the third time. The concert where we met was taking place in an old art-deco theatre in Brattleboro, perhaps the most hippiefied community in a state where tie-dye remains as ubiquitous as dairy herds. It was headlined by Pete Seeger, who ran through a panoply from his folk songbook to a packed crowd that knew all the words.

Ten years earlier, Mayor Sanders, a long-time admirer of Seeger, had recorded one of his songs, “Where Have All the Flowers Gone”, on a surreal folk/rap album. Now, he waited until Seeger had finished his set before taking the stage and, speaking in the only manner he seems to know – a gruff, shouted staccato – exhorted Vermonters to join him in the fight against Newt Gingrich and Bob Dole to stop the Republicans from taking over the presidency and the Senate. The response was rapturous. Sanders left the stage like a president concluding a State of the Union speech, gladhanding lines of admirers as he made his way out of the hall.

A few weeks later I met him again, this time at his congressional office in Washington, DC. On the wall of his office I spotted a plaque of Eugene Debs, who ran for Congress and the presidency on a socialist ticket, travelling to every part of the country on a train he called the Red Special and picking up 6 per cent of the popular vote in 1912, when he finished fourth, behind Woodrow Wilson, Theodore Roosevelt and William Howard Taft.

Sanders had invited me to lunch and so we headed off through the underground passageway that leads from the office building to the congressional dining room. We were accompanied along the way by one of his assistants who, in true West Wing style, peppered him with questions and made notes on a clipboard as we walked. We had just started our food when John Kasich, then congressman for Ohio and now governor of the state and a contender for the Republican presidential nomination, wandered over for a chat. Despite Kasich’s reputation as a fiscal conservative, it was evident that he and Sanders had a cordial relationship, and indeed, Sanders invited him to join us for lunch.

It was difficult to reconcile these two contrasting snapshots of Sanders: the rousing air punch in Vermont and the bridge-building handshake in DC. But the more one looks into his career, the clearer it becomes that this dual approach is integral to his remarkable political ascent. Sanders plays it quite differently inside and out, but he plays both sides very hard.

“Bernie doesn’t see a contradiction between working within the system and campaigning to change it,” the journalist Matt Taibbi told me, recalling the time when he shadowed Sanders for several weeks in 2005 while researching a piece for Rolling Stone. “I remember one Thursday afternoon I made a snarky comment about members of the House already sneaking off home for a long weekend and how it seemed to me that many of them were pretty lazy. Bernie scolded me, insisting that most of the people in Congress work very conscientiously. He doesn’t believe the system functions for ordinary people, but he’s not cynical about it either.”

This point was reiterated by Heather Gautney, an associate professor of sociology at Fordham University in New York who previously worked as a researcher in Sanders’s Senate office. “Working with Bernie in DC, I realised what a difficult place it was for someone more interested in movement-building than passing legislation,” Gautney said. “But Bernie was known for getting substantial chunks of the Republican vote in Vermont and he used that same skill to connect with some pretty unlikely allies in Congress.”

Sanders’s legislative record is strikingly good. In the decade after the Republicans took over the House of Representatives in 1995 no other lawmaker attached more amendments to bills that were voted on. He achieved this by using his position as an independent to put together coalitions that spanned both of the main parties, and also by sheer hard work. In his Rolling Stone article, Taibbi describes Sanders waiting patiently for hours to table an amendment in the office of the House rules committee, “a tiny, airless closet deep in the labyrinth of the Capitol where some of the very meanest people on Earth spend their days cleaning democracy like a fish”.

Sanders’s method of working across party lines is not without its critics. Especially on the left, there are voices that wonder if the compromises that inevitably accompany playing the system in DC are too large. Many of Sanders’s positions on foreign policy have skewed towards the militarism and careless disregard for human rights that prevail among the Washington establishment. Although notably, and unlike Hillary Clinton, he opposed the initial vote on the Iraq War, Sanders voted for every bill that came before Congress to fund the occupations of Afghanistan and Iraq. He has supported basing the new F-35 fighter plane at Burlington Airport in Vermont, despite widespread concern from residents about the environmental impact. And he did not oppose the Senate resolution that supported Israel’s attack on Gaza in 2014, which left as many as 2,200 Palestinians dead.

Sanders is clearly happier talking about problems inside the US than foreign policy. In his opening statement to last Saturday’s televised debate between the Democratic candidates, he segued awkwardly from condemning the attacks in Paris to excoriating America’s “rigged economy”. Yet on domestic issues, too, some of his stands have given progressives pause for thought: his opposition to the Trans-Pacific Partnership, a 12-country trade agreement championed by Barack Obama, has always been grounded in an argument in favour of saving jobs for American workers, rather than any notion of international solidarity. His slowness in expressing support for the burgeoning Black Lives Matter movement, something which his campaign has latterly striven hard to correct, was less of a surprise to those aware of his consistent support for the police union while mayor of Burlington. And his position on guns (he voted against the Brady Bill, which mandated background checks on buyers of firearms) is the only area in which Clinton outflanks him to the left.

But perhaps the biggest issue for many progressives is Sanders’s decision to run for president through, rather than outside, the Democratic primary. Though he began his political career in the Liberty Union Party and has stood in every election since as an independent, he is, as Howard Dean, the progressives’ challenger in the Democratic primary of 2003/2004, put it, “basically . . . a Democrat . . . [who] votes with the Democrats 98 per cent of the time”.

As Sanders relates in Outsider in the House, faced in 1996 with the choice of backing Ralph Nader, “a personal friend and an exemplary progressive” running as an independent, or Bill Clinton, whose policies on health care, welfare reform, trade, gay marriage and military spending he sharply disagreed with, Sanders decided to “support” Clinton. “Perhaps ‘support’ is too strong a word,” he frets in the book. “I’m planning no press conferences to push his candidacy, and will do no campaigning for him. I will vote for him, and make that public.”

Sanders has called for a vote for the Democratic nominee in every presidential election since Jimmy Carter left office in 1981, and early this month, on ABC’s This Week, he appeared to have completed a long transition, asserting: “I am a Democrat now.”

This failure to build an electoral force outside the Democrats always leads to a dead end, according to Anthony Arnove, a prominent member of the International Socialist Organisation (ISO) who is also a publisher and literary agent representing a range of leftish writers, including Arundhati Roy. “We’ve seen it over and over,” Arnove said: “a left challenge fires up the base and is then defeated in the primaries by a centrist, or, more accurately, right-wing candidate, who goes on to betray everything those people were mobilised around.”

Sanders’s fundraising almost matched Clinton’s over the summer – in the third quarter they raised $26m and $28m, respectively – and in September he became the first candidate to attract more than a million individual donations. (The average donation to his campaign has been $30.) But his dip in the polls after Hillary’s strong performances in the first nationally televised primary debate, and then again at her House select committee hearing on the 2012 attack on the US consulate in Benghazi, Libya, suggests he will struggle to win the nomination. As of early November he trailed Clinton nationally by 25 points.

In Arnove’s view, Sanders “won’t get further than Super Tuesday [at the beginning of March], when he’ll direct his base to vote for Clinton. This is exactly how the Democrats become a graveyard for progressive politics, when what we desperately need are social movements that can remain independent of both establishment parties and push for their own agenda.”


The revolution to which Sanders often refers is a long way from the sort envisaged by Arnove’s ISO. He is pursuing a fairer capitalism, not its overthrow. “He’s not Trotsky,” as Taibbi put it to me. But there are those inside his campaign who think its primary focus should be building a grass-roots organisation capable of transcending the four-yearly coming together of presidential elections, to create a more permanent basis for a broad, progressive movement.

One such advocate is Adolph Reed, a writer and academic who is campaigning for Sanders in South Carolina. Working with local unions and Labor for Bernie Sanders 2016, which has 70,000 signed-up members, Reed sees the potential in using Sanders’s programme, with its emphasis on basic economic demands such as the minimum wage, universal health care and free college tuition, as a way of drawing together various groups campaigning around single issues such as housing and police racism.

For Reed, who is black, class trumps race as the key to building a movement. “In New Orleans everyone talked about Katrina as having a devastating effect on black people in the city, which of course it did. But when you analyse it, class was a much better predictor of who suffered most there,” he told me. The centre of a class-based movement, Reed argues, will have to be provided by the trade unions. “Despite the fashionability of protests without any specific demands or elected leaderships, no movement initiative is going to have staying power without being anchored in the trade unions.”

Recruiting the unions to work alongside Sanders’s campaign in the way Reed envisages isn’t easy. The American Federation of Teachers and the machinists’ union have already thrown in their lot with Hillary Clinton. And Richard Trumka, the president of the AFL-CIO (America’s national federation of trade unions), has warned individual unions against coming out for Sanders. But Reed can point to significant declarations of support, from postal workers and the National Nurses Union. The AFL-CIO chapters in Vermont and, more surprisingly, South Carolina have also backed his run.

“It’s important to keep Bernie in the race for as long as possible, but the ultimate objective is to develop structures that can continue beyond the election,” Reed said. “It’s premature to say what this network will look like, but Bernie’s campaign provides an important boost to putting it in place.”


From Jesse Jackson to Dennis Kuci­nich to Howard Dean, an array of people’s champions has made a splash in the recent history of Democratic presidential primaries. None, however, has been as explicitly critical of capitalism (or so gruff about it) as Bernie Sanders. His no-nonsense, class-based politics are a measure of how the disenchantment with the ideology of a free market that arrived like a train in the 1980s and ran off the rails in 2008 is now finding its way into the mainstream.

Up until now, the critical moments of left advance in America – the Seattle WTO protests, the anti-war movement, Occupy Wall Street, the campaign for gay rights and, today, Black Lives Matter – have occurred outside electoral politics. There are a couple of good reasons for this. The US electoral system, like Britain’s, makes third-party challenges extraordinarily difficult. And inside the Democratic Party these movements would have been crushed by a conservative leadership around the Democratic National Committee, put in place by Bill Clinton.

One result is a paucity of new progressive voices inside the party. At a moment when, as Gramsci once put it, the old order no longer works but the new order has not yet been born, Sanders, with his New Deal politics and firebrand demeanour, seems not so much a successor to the old order as a throwback to a time that pre-dates it, when politicians spoke with conviction and the society they represented was less unfair. As such, he provides a staging post for a new progressive consciousness (according to a poll by Pew at the end of 2011, more Americans aged 18 to 29 would prefer to live under socialism than under capitalism) that is not yet sufficiently coherent to enter mainstream politics in its own right, either through a serious third-party challenge or the transformation of the Democratic Party.

As a middle-class white man, Sanders has been able to get a pass to promote bold positions that someone with a less privileged identity might have found hard to sell. And his age, paradoxically, has proved not to be a disadvantage with a youthful constituency dismayed by the surrender to expedience that disfigures so much of contemporary American politics. His record has been constant over such a long period that, again like Jeremy Corbyn, he can be relied on not to sell out. Though his politics are less radical, his venerability provides a messianic cloak from the same closet as the one worn by Noam Chomsky, another hero for many young progressives.

So it’s not just today’s professionally polished politicians to whom Sanders presents a stark contrast. Recent progressive movements have embraced an identity politics that was much less prevalent when Sanders started out back in 1970s Vermont. In order to forge the sorts of alliances that are necessary to mount a credible challenge on the national political stage, they will likely have to borrow extensively from his unifying class politics. But their leadership will be younger, blacker, less straight and less masculine than Sanders. In that sense, he represents the last hurrah for the old white guy.

Colin Robinson is co-publisher at OR Books (, based in New York

This article first appeared in the 19 November 2015 issue of the New Statesman, The age of terror