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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Starting Star Wars: How George Lucas came to create a galaxy

On the 40th anniversary of the release of the original Star Wars, George Lucas biographer James Cooray Smith shares the unlikely story of how the first film got made.

While making THX 1138 in 1970, writer/director George Lucas told composer Lalo Schifrin that he wanted to make a Flash Gordon picture, an updating of the 40s sci-fi serials that he’d enjoyed as a child. It would, however, be those serials not as they were, but how he remembered them as having been. When the rights to these proved unavailable, he began to work on original idea, hoping to create something similar, but which he would own himself.

In January 1973, after completing his 50s nostalgia picture American Graffiti but before its release, Lucas began his outline for this space adventure. The first line of this near-incomprehensible document was The Story of Mace Windu. Mace Windu, a revered Jedi-Bendu of Opuchi who was related to Usby CJ Thape, Padewaan learner to the famed Jedi.’

"Jedi" was a word Lucas had coined to describe a clan of warrior mystics who were essential to his story. A man whose fascination for Japanese cinema had become a general interest in Japanese cultural history, he’d named them after the branch of Japanese drama that drew moral and instructive lessons from stories set in the past – Jidai geki.

This version is set in the thirty-third century and features a teenage Princess, droids, an Evil Empire and a grizzled Jedi warrior, General Skywalker, whose plot role resembles Luke’s from the finished film, although his character is Obi-Wan Kenobi’s. It climaxes with a space dogfight and ends with a medal ceremony. Among the planets named are Alderaan (here the Imperial capital) and Yavin, at this point the Wookiee homeworld. Some characters from this draft (Valorum, Mace Windu) would eventually find a home in The Phantom Menace more than twenty years later.

By May Lucas had a 132 page script, The Adventure of Anikin Starkiller. Skywalker had acquired the forename Luke but was no longer the protagonist. This was Anikin (sic) Starkiller, one of the sons of General Skywalker’s old comrade, the partially mechanical renegade Kane Starkiller. Anikin had to protect a Princess, aided by two robots R2-D2 and C-3PO.

Lucas had worked backwards from Flash Gordon, looking to uncover the source of his appeal, hoping to transfer it to his own story. Once he’d worked his way through the comic strips of Gordon’s creator Alex Raymond, he tackled Edgar Rice Burroughs, Jules Verne and Edwin Arnold’s Gulliver on Mars. Conversations with his New Hollywood peers about the archetypes thrown up by his reading – and which he increasingly saw everywhere – brought him into contact with Joseph Campbell’s then newly published Myths to Live By (1972) an anthology of lectures and essays from a man who devoted his career to identifying the basic archetypal characters and situations which he felt underpinned all human mythologies.

"The book began to focus what I had already been doing intuitively" Lucas later said, an idea which seemed to him to itself reinforce Campbell’s contention that such archetypes and situations dwelled in a collective unconsciousness. Lucas expanded his reading to epics of all kinds, and began planning a visual style that would combine the vistas of Japanese master director Akira Kurosawa with the kind of static-camera realism which he’d used on American Graffiti.

Lucas wanted over-exposed colours and lots of shadows, but shot in a way that made them seem unremarkable. Seeing the Apollo missions return from the moon "littered with weightless candy bar wrappers and old Tang jars, no more exotic than the family station wagon" had illustrated to him the problem with every fantasy movie ever made. Their worlds never looked like people lived in them. His film would depict a "used future". Describing the aesthetic he’d sought to American Cinematographer he explained: "I wanted the seeming contradiction of…fantasy combined with the feel of a documentary."  To Lucas Star Wars wasn’t science fiction, it was "documentary fantasy".

There was only one studio executive Lucas thought had any hope of understanding what he was trying to do, Fox’s Alan Ladd Jr, son of the late actor. Like Lucas and his contemporaries in New Hollywood, Ladd was a man driven by a love of cinema. Lucas could communicate with him through a shared vocabulary, describe a planned scene as being like something from The Searchers (John Ford, 1956) or Fahrenheit 451 (Francois Truffaut, 1966) and be understood. Ten days after his presentation to Ladd, they signed a development deal. Fox agreed to pay Lucas $15,000 to develop a script, plus $50,000 to write the movie and another $100,000 to direct it, should it actually be made. American Graffiti associate producer Gary Kurtz was named as Producer for Star Wars, and received $50,000.

The script development money gave Lucas enough to live on whilst he continued work on the screenplay. As he did so it changed again; a ‘Kiber Crystal’ was written in and then written out. Skywalker became Deak Starkiller’s overweight younger brother before becoming the farm boy familiar from the finished film. Characters swapped names and roles. A new character named Darth Vader – sometimes a rogue Jedi, sometimes a member of the rival ‘Knights of Sith’ – had his role expanded. Some drafts killed him during the explosion of the Death Star, others allowed him to survive; across subsequent drafts his role grew. Some previously major characters disappeared altogether, pushed into a "backstory", Lucas choosing to develop the practically realisable aspects of his story.

This is an important clarification to the idea that Star Wars was "always" a part of a larger saga, one later incarnated in its sequels and prequels. That’s true, but not in an absolutely literal way. Star Wars itself isn’t an excerpted chunk of a vast plotline, the rest of which was then made over the next few decades. It’s a distillation of as much of a vast, abstract, unfinished epic as could be pitched as a fairly cheap film to be shot using the technology of the mid 1970s. And even then much of the equipment used to make the film would be literally invented by Lucas and his crew during production.

In August 1973 Graffiti was released and became a box office sensation, not only did the profits make Lucas rich (he became, at 29, a millionaire literally overnight) its success meant that Lucas was able to renegotiate the terms of his Fox deal. Rather than making demands in the traditional arenas of salary and percentages Lucas wanted control of the music, sequel and merchandising rights to his creations. Fox conceded him 60 per cent of the merchandising, aware of its potential value to them, but eventually agreed that Lucas’s share would rise by 20 per cent a year for two years after the film’s release. Few films made money from spin-off products for a whole 24 months, and Star Wars would surely be no different. Lucas got the sequel rights as well, albeit with the proviso that any sequel had to be in production within two years of the film’s release or all rights would revert to Fox.

Most important amongst Lucas’ demands was that, if it went ahead, he wanted the film to be made by his own company, not by Fox. That way he could control the budget and ensure all charges and costs made to the production were legitimately spent on the film. The experience of watching Mackenna’s Gold being made while a student on placement a decade earlier had taught him just how much money a studio could waste, and on a film like Star Wars – which was both ambitious and would inevitably be under-budgeted – it was crucial that this did not happen. Control of the music rights also had a sound reason behind it. Universal were making a fortune out of an American Graffiti soundtrack that was simply a repackaging of old hits featured in the movie. Of the profits of this Lucas saw nothing despite having selected the tracks featured and fought long and hard for their inclusion in his film.

In March 1975, Ladd took Lucas’ draft to the Fox board. They passed it and budgeted the film at $8.5m. Characters bounced in and out of that script right up to the preparation of the shooting draft, dated 15 January 1976. This was tailored to be as close to the film’s proposed budget as possible, and contain as many of the ideas, characters and situations Lucas had spent the past few years developing as he considered feasible.

This draft is the first version of the script in which Kenobi dies fighting Vader. Previously he had been injured, but escaped with Luke’s party. Alec Guinness, who had already been cast, was initially unhappy with this change, but was persuaded by Lucas that a heroic death followed by appearances as a spectral voice would prove more memorable to audiences than his spending the last third of the film sitting on Yavin whilst the X-Wings went into battle.

Filming began on location in Tozeur, Tunisia on 22 March 1976. Before shooting Lucas sat his crew down and made them watch four films which he felt between them defined what he was after in Star Wars. Stanley Kubrick’s 2001 (1969), Douglas Trumbull’s 1975 Silent Running, Sergio Leone’s Once Upon a Time In the West and Fellini’s Satyricon (Both 1969). The Leone picture was full of the sun-blasted vistas Lucas wanted to evoke for Tatooine, and the Fellini film, with its aspects of travelogue and attempts to portray an entire society in a fly-on-the-wall manner gave an idea of the "documentary fantasy" approach the director was so keen on. All four films shared one vital element: they’re windows onto lived-in worlds remarkable to audiences but regarded as ordinary by the film’s characters.

The first scenes shot for Star Wars were those of Luke buying Artoo and Threepio from the Jawas outside his foster parents’ home. Producer Kurtz had allowed 11 days for the shoot, after that a borrowed army C130 Hercules was scheduled to pick up the cast and crew.

A few days into shooting, creature make-up man Stuart Freeborn was taken ill and had to be flown back to Britain where he was diagnosed with pneumonia. Other crew members contracted dysentery. On 26 March Tunisia experienced its first winter rainstorm for half a century, damaging equipment and exterior sets delaying filming of key scenes.

Lucas wanted the stormtroopers to ride ‘dewbacks’, dinosaur-like domesticated beasts that allowed the troops to move across the desert. One dewback was built, out of foam rubber stretched over a wire frame. It could only be used in the background and no one was ever seen riding one. The other live animal Lucas wanted to portray was a Bantha, a huge horned, shaggy beast reminiscent of a prehistoric mammoth. It was to be the mode of transport for the Tusken Raiders, faintly Bedouin, vaguely mechanically-enhanced humanoids who attacked Luke in the Jundland wastes. In the end, creating the beasts proved impossible, and while they were referred to in dialogue in scenes that were shot (‘bantha tracks…’) none of their sequences were lensed.

As hard as the shoot was on Lucas, he at least had an idea of what he was trying to do and how it would all fit together. The actors, suffering stomach troubles, sunburn and long days, were less clear. Anthony Daniels trapped inside an almost immovable fibreglass body suit suffered the worst. Twenty five years later he would give credit for helping him to get through the Tunisia filming to Alec Guinness. "He was incredibly kind to me…I firmly believe that I wouldn’t have completed that arduous task of shooting without him."

Once the Tunisian shoot was over, the cast moved to EMI Elstree Studios in Borehamwood, outside of London. Star Wars was being made in the UK because it wasn’t possible to shoot the film in Hollywood at that time, not that Lucas – with his lifelong disdain of LA itself – wanted to anyway. Star Wars required nine stages simultaneously, something that no Hollywood studio complex could guarantee at anything like sufficient notice. In March 1975 producer Kurtz had flown to Italy to look at studio space, but found nothing suitable. He then caught a plane to London, where Lucas joined him.

Together they scouted UK film studios. Pinewood was a possibility, but management insisted Lucasfilm hire their technicians, a condition which became a deal-breaker. Neither Shepperton nor Twickenham had enough sound stages (although the giant Stage H at Shepperton  - bigger than any stage at Elstree – would ultimately house one scene of the film) which left only EMI Elstree. Then losing £1 million a year, Elstree was being kept open more or less on the insistence of Harold Wilson’s government, whose allies in the Trades Union movement considered the closing of the facility unconscionable. Elstree had no staff, and anyone who wished to rent it had to supply their own technicians and much of their own equipment. Off-putting to many, it sealed the deal for Lucas and Kurtz, who wanted to move their own people in. They hired the facility for seventeen weeks starting at the beginning of March 1976.

To design and build the sets needed to turn to Elstree into a realisation of Lucas’s screenplay they hired John Barry, a British designer who had worked under Ken Adam on Barry Lyndon (Stanley Kubrick, 1975) a film Lucas admired enough to hire its costumier John Rollo as well.

Elstree’s two largest stages were given over to Mos Eisley Spaceport and the interior of the Death Star. Both the Mos Eisley hangar bay and the one inside the Death Star which replaced it on the same stage were constructed around the full size Millennium Falcon set created by John Barry’s protege Norman Reynolds. Built by Naval engineers at Pembroke Dock, Wales it was 65 feet in diameter, 16 feet high and 80 feet long. It weighed 23 tonnes.

The absence of Stuart Freeborn, still recovering from Tunisia, meant that most of the aliens seen in the Mos Eisley cantina sequence were completed by assistants and lacked any articulation at all. Unhappy with the scenes as shot, Lucas resolved to do to re-shoots back in the USA.

The last scenes to be shot were for the opening battle, as Vader and his stormtroopers boarded the blockade runner. With little time Lucas used six cameras, manning one himself (Kurtz manned another) and shot the sequence in two takes. The six cameras produced so many different perspectives on the action that even the duplicated events that are in the film are unnoticeable. The finished sequence, chaotic though the creation of it was, is amongst the best put together moments in the movie, a superb evocation of Lucas’ documentary fantasy approach, and the cameras dart in and out of the action like reporters shooting newsreel footage. Virtually the first live action seen in the picture, its style later went a long way towards convincing audiences that what they were seeing was somehow real.

Principal photography completed on 16 July 1976, although some re-shoots and pick up shots for the Tatooine sequences were undertaken in Yuma, Arizona in early 1977. Amongst those scenes shot were those featuring the Banthas. Lucas borrowed a trained elephant from Marine World, and had it dressed to resemble a more hirsute, fearsome pachyderm. Mark Hamill was unavailable to participate. He’d crashed his car of the Antelope Freeway in LA shortly before and was undergoing painful facial reconstructive surgery. Although Hamill should have been involved in the re-shoot, in scenes of Luke’s landspeeder moving across the desert, Lucas had no choice but to film them without him; he took a double to the shoot, dressed him in Luke’s costume and put Threepio in the foreground. Also re-shot, over two days in La Brea, California, were portions of the cantina sequence. New cutaways and background shots were filmed to be inserted into the Elstree footage in order to eliminate as of the unsatisfactory masks as possible.

While supervising editing of the film Lucas experienced chest pains, and was rushed to hospital where he was treated for a suspected heart attack. He was later diagnosed with hypertension and exhaustion, both exacerbated by his diabetes.

Fox were by now trying to book Star Wars into cinemas, and had picked a release date in May, long before the 4th July public holiday, long regarded as the opening weekend of summer. Fox wanted $10m in advance bookings for Star Wars, desperate to recoup an investment that internal studio sources had now decided was foolish. They secured less than $2m, and achieved that only by implying to theatres that they wouldn’t be offered Charles Jarrot’s much-anticipated The Other Side of Midnight if they didn’t sign up for Star Wars too. Before its release several exhibitors complained at this "block booking" and filed suits; Fox was later fined $25,000 for the practice, punished for forcing cinemas to agree to show something which was, by the time they paid the fine, the most financially successful movie ever made.

In early 1977 Lucas screened Star Wars for a group of friends, it was nearly finished – although the opening crawl was longer and many of the special effects shots were absent, represented instead by sequences from World War II films and real combat footage shot by the USAF. Among those present were Brian De Palma, Alan Ladd Jnr, Steven Spielberg and Jay Cocks. Martin Scorsese had been invited but troubles editing his own New York, New York meant he didn’t turn up.

De Palma hated Star Wars, and spent the post-screening dinner rubbishing it to anyone who would listen. Others present were unsurprised, De Palma had behaved in the same way during the group screening of Scorsese’s’ Taxi Driver; laughing loudly through Cybill Shepherd’s conversations with Robert de Niro, and at one point shouting "Shit!" halfway through a tense scene. Only Spielberg seemed impressed, and told Lucas that he thought Star Wars would take $100m. Lucas pointed out that nothing took $100m, and countered that Spielberg’s Close Encounters of the Third Kind would do better at the box office. The two directors wrote what they considered realistic estimations of what each other’s film would make in its first six months of release on the inside of matchbooks, which they then traded. By the time Lucas got round to opening Spielberg’s matchbook and saw the figure $33m in his friend’s scrawling hand Star Wars had already made ten times that.

Odd as it seems now, when every blockbuster is prefaced by months of breathless, unrelenting media "enthusiasm", Star Wars wasn’t released on a wave of hype or accompanied by an extensive marketing campaign. It was released (on 25 May 1977) to thirty-two screens, after a barely publicised premiere at Mann’s Chinese Theatre in Hollywood. It made $2.8m in its opening week, but didn’t receive a nationwide release for two months. Despite almost unprecedented success in preview screenings, Fox were still unsure of what to do with Lucas’ bizarre children’s film. Indeed it, only got a Hollywood opening at all because William Friedkin’s Sorcerer – which had been intended for this slot at Mann’s – wasn’t finished.

So negative had advance feeling about Star Wars been that Lucas left the country; he was still in LA on opening day, finishing the sound edit (he was unhappy with the copy playing downtown, and unknowingly embarking on a lifetime of revising his movie) but the next day he and his wife (and Star Wars film editor) Marcia flew to Hawaii, where they were joined by friends, including Spielberg and Amy Irving. It was an attempt to escape what Lucas felt would be the inevitable terrible reviews and wrath of the studio. Even when Ladd called him to share his excitement over the movie’s colossal opening weekend, Lucas was unmoved; all movies labelled science fiction did well in their first few days due to the business attracted by the neglected fanbase for such things. It was only when the film continued to do outstanding business and was expanded to more and more theatres that Lucas considered returning early from his holiday, and began to realise that the film he’d just delivered had changed his life.

As "Star Wars" expanded into more cinemas, and people began to queue round the block to see it, shares in Fox climbed from well under $10.00 to $11.50 each; over the next three months the value rose to $24.62, nearly trebling in price, such was the film’s value to the embattled studio. It was a magnificent vindication for Alan Ladd Jr, who had more than once had to intervene to stop colleagues closing down the film’s production completely. He had never lost faith in Lucas and his bizarre idea, but he was virtually the only person employed by Fox itself who hadn’t.

Just a few weeks before, as the end of the financial year approached, Fox had tried, and failed, to sell its investment in Star Wars to a German merchant bank as an emergency pre-tax write off.

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