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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Goodbye to the Confederate flag

After the shootings in Charleston, the Republican right showed it was finally ready to reject the old symbols of the Confederacy.

On 27 June, an African-American activist named Bree Newsome woke up before dawn, put on her climbing equipment and scaled a 30-foot flagpole on the lawn of State House in Columbia, South Carolina. She then removed the Confederate battle flag that flew from it. “We can’t wait any longer,” she explained later in an online statement. “It’s time for a new chapter where we are sincere about dismantling white supremacy.”

After she was led away in handcuffs, the flag was raised again.

Newsome’s protest reflected a growing impatience within America’s black community and anger about liberal inaction. Political rallies by the Democratic presidential contenders Hillary Clinton and Bernie Sanders have been disrupted by the Black Lives Matter campaign against violence committed on young African Americans and the cultural and legal biases that justify it. While promoting his book on race in the US, the writer Ta-Nehisi Coates argued that, to African Americans, the battle flag represents a lingering attempt “to bury the fact that half this country thought it was a good idea to raise an empire rooted in slavery”.

Yet, on this matter, to everyone’s surprise, the black civil rights movement and many southern Republicans have proved to be of one mind. On 9 July the House of Representatives in South Carolina voted to lower the battle flag for good. It stood, representatives said, for racism. It had to go.

The context of this agreement was a painful one. Ten days before Newsome’s act, a 21-year-old white man named Dylann Roof shot and killed nine black worshippers at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. According to his room-mate, he wanted to start a race war. The TV screens showed a photo of him holding a gun in one hand and a Confederate battle flag in the other.

If the demands for redress made by civil rights groups didn’t come as a surprise, conservative acquiescence did. The Republican Party had built a solid base in the South by courting white voters who cherished the memory of the Confederacy. Yet the party’s presidential hopefuls from both the North and the South – including Jeb Bush, Lindsey Graham, Scott Walker and George Pataki – said that the battle flag ought to be lowered. The most striking intervention was made by the governor of South Carolina, Nikki Haley, who denounced the use of the Confederate flag and signed the bill removing it. Haley is now tipped to figure on the list of potential vice-presidential nominees.

The volte-face of the US right is in part a result of the horror of the Charleston shootings. Yet it also occurs in the context of major shifts within American society. There are still many conservatives who will defend Confederate heritage as a matter of southern pride but the culture wars are changing as the US becomes increasingly European in outlook. This is taking place across the country. It just happens to be more pronounced in the South because no other region has fought so violently and so long to resist the liberal tide.

The story of the battle flag is the story of the South. The first official Confederate flag used in the civil war of 1861-65 caused confusion during fighting – through the haze of gun smoke, its design of 13 stars and red and white bars was hard to distinguish from the Stars and Stripes. An alternative blue cross was rejected for being too sectarian; the racist Confederacy was anxious not to offend its Jewish citizens. So the cross became a diagonal X. This flag was never officially adopted by the Confederate army. In the years after the war its use was infrequent.

There was little need to visualise southern difference in a flag. It was self-evident in the physical signs of racial segregation: separate schools, pools and drinking fountains; black people confined to the back of the bus. Political displays of the battle flag of Dixie (the historical nickname for the states that seceded from the Union) only really resurfaced when that racial order was challenged by northern liberals. In 1948, the Democrats – then the party overwhelmingly in control of the South – split over modest calls for civil rights. The conservatives who refused to support that year’s presidential ticket, the “Dixiecrats”, triggered a rev­ival of flag-waving across the region.

The old battle flag suddenly appeared on private lawns, on cars and at political rallies. Supposedly ancient cultural traditions were invented overnight. For instance, the 1948 student handbook of the University of Mississippi confessed: “Many Ole Miss customs are fairly new; they lack only the savouring which time brings . . . Ole Miss has adopted the Confederate flag as a symbol of the Mississippi spirit. Each football game finds the scarlet flag frantically waving to the rhythm of the Rebel band.”

I can confirm that this “tradition” was still going as recently as in 2005. That year, I attended an American football game at Ole Miss and was surprised when the band played “Dixie” at the end. White boys and white girls stood up and belted out the folk song of the Confederacy, while black students filed out.

In 1958, South Carolina made it a crime to desecrate the battle flag. Three years later, on the 100th anniversary of the outbreak of the civil war, it was hoisted above its Capitol building in Columbia. That day, there was a struggle in the US Congress to keep federal funding going for segregated schools.

So clear is the link between the postwar white resistance to civil rights and the battle flag that many see it as the symbolic equivalent of the N-word. Jack Hunter, the editor of the conservative website Rare Politics, says: “Some people insist that it’s not about racism, not about slavery, not about segregation. But it’s about all those things.” Hunter grew up in Charleston and used to skateboard in the car park of the church that Dylann Roof attacked. When he was a young journalist, he appeared on local radio as a rabidly right-wing masked character called “the Southern Avenger”. His past was exposed in 2013 while he was working for Rand Paul, a Republican presidential candidate, and Hunter stepped down from his position. He publicly renounced his youthful association with racial conservatism. He now eschews any romanticism about the Confederate cause and its demand for states’ rights. “States’ rights to do what?” he asks: the right to discriminate against African Americans? He is glad that the State House flag is gone. He ascribes its longevity to ignorance, which was corrected by Roof’s rampage: “It was the first time that [southern Republicans] were able to see a different perspective on this symbol.”

Not everyone agrees. Richard Hines – a former South Carolina legislator, Reagan campaign state co-chair and senior activist with the Sons of Confederate Veterans – insists that the flag is “an enduring symbol of the southern fighting man”. Indeed, a poll in July found that 57 per cent of Americans think it stands for southern heritage, rather than racism. Yet that heritage has a political dimension. “Southern people are proud of who they are and there is a leftist assault to destroy the best part of America,” Hines says. “The Trotskyite elite in control of the establishment wants to root out the southern tradition” – a tradition of religious devotion, chivalry and military honour. It is possible to cast the battle flag as a pawn in a much larger cultural conflict.

In 2000, civil rights activists lobbied hard to get the battle flag removed from the top of the South Carolina Capitol and succeeded in having it shrunk in size and relocated to the grounds of State House. The issue came up in that year’s Republican presidential primaries – an unusually poisonous contest between George W Bush and John McCain. Supporters of Bush put out a false story that McCain had fathered an interracial child out of wedlock. McCain added to his woes by opining that the battle flag was “a symbol of racism and slavery”. An organisation called Keep It Flying flooded the state with 250,000 letters attacking him and he lost the crucial competition here to Bush.

The battle flag has retained a strong emotional power for a long time. This makes the Republican establishment’s abandonment of the flag all the more surprising. Then again, those who run the South are probably the people most likely to grasp how much the region has changed in just a decade.

***

In 2010 I took a trip through North Carolina. The landscape told a story. Dotted along the roadside were abandoned black buildings, the old tobacco sheds. The decline of the rural economy had rendered them obsolete. Over the fields that would once have been full of farmers were freshly tarmacked roads, stretching out to nowhere. My guide explained that these were supposed to be cul-de-sacs for new houses. North Carolina was going through a property boom. But who was going to buy all those homes, I asked? The answer: damn Yankees.

Demography is destiny. This once agri­cultural region developed fast from the 1960s onwards by keeping union membership, taxes and regulation as low as possible. Yet capitalism proved disastrous for southern conservatism. Northerners flooded in, seeking work or retirement and bringing their own values. The forecast is that North Carolina’s Research Triangle – the South’s Silicon Valley – will grow by 700,000 jobs and 1.2 million people in two decades.

White migration was accompanied by an influx of Spanish speakers as the service sector flourished. Between 2000 and 2010, the white share of the population of North Carolina fell from 70 to 65 per cent. The black proportion remained at roughly 21 per cent. The Latino proportion, however, jumped from 4.7 per cent to 8.4 per cent. Today, the proportion of people who are non-white and over 60 is about a third. But it’s approaching nearly half for those under 18. As a result, politics in the South is no longer biracial: a contest between white and black. It is increasingly multiracial and uncoupled from the region’s complex past.

The impact of these changes is reflected in voting patterns. In 2000, the South was still overwhelmingly Republican in presidential contests. Even the Democratic nominee, Al Gore, a southerner, lost his home state of Tennessee. But in 2008 and 2012, Barack Obama took those states with the fastest-changing demographics: Florida and Virginia. He won North Carolina in 2008 and lost it in 2012 – but by less than 100,000 votes. It is true that the Republicans won back control in the 2014 midterm elections, with the result that the Deep South now sends few Democrats to Congress; but the region’s political masters are not quite as traditional-minded as they once were.

The Republican relationship with the Confederate past is complex. As the party of Abraham Lincoln and the Union, the GOPs’ southern support was historically small. But in the 1960s the national Democratic Party embraced civil rights and alienated its once loyal southern following; the Republicans took the opportunity to steal some conservative white voters.

The growing southern Republican vote had a class component. Its success in local and congressional races was built more on winning over middle-class moderates than on appealing to the working-class racists who filled the ranks of the Ku Klux Klan. The southern Republican Party did enthusiastically embrace the Confederate battle flag in many quarters. But some office-holders did so only with ambiguity, while large sections of the party never identified with it at all. The period of Republican ascendancy in the South was, in reality, linked with a softening of the area’s racial politics.

Two of the Republicans’ current southern stars are Indian Americans: Bobby Jindal, the governor of Louisiana, and Nikki Haley, the anti-flag governor of South Carolina. There are just two black people in the US Senate and one of them is a Republican, the Tea Party-backed senator for South Carolina, Tim Scott. Marco Rubio, the Floridian senator and presidential candidate, is Cuban American, and the former Florida governor Jeb Bush is married to a Mexican-born woman and speaks fluent Spanish. Bush has tried to push a more moderate line on immigration, in deference to how the GOP will struggle to win the White House if it appeals only to angry white voters. The Kentucky libertarian senator Rand Paul, Jack Hunter’s former boss, has called for legal reforms to correct the trend of keeping far more black than white people in prison. And he is not the only Republican to have been moved by recent race riots sparked by police violence.

***

Violence on the streets of Ferguson, Missouri, and Baltimore, Maryland, confirmed that there still is a culture war in the US. Yet its character has changed. In the past, civil disturbances were typically leapt upon by conservative politicians as evidence of social decline. The 1992 LA riots were blamed on single parenthood and rap lyrics. In contrast, conservative leaders today are far more likely to acknowledge the problems of white racism. There is no place in their ranks for the likes of Dylann Roof. White supremacists are tiny in number.

Jack Hunter claims: “The KKK is like 12 guys in a telephone booth. Liberal groups will use their threat for fundraising but it doesn’t exist. It hasn’t properly since the 1960s.” Roof’s actions say more about gun control, mental illness and the angst of the young than they do about popular, largely liberal views on race, as polling shows.

We can see a similar liberal shift in other areas of the historic culture war. In May 2015 Gallup released the results of a “moral acceptability” survey charting changes in national attitude across all age groups, from 2001 to 2015. Approval of gay relationships jumped from 40 to 63 per cent; having a baby out of wedlock from 45 to 61 per cent; sex between unmarried men and women from 53 to 68 per cent; doctor-assisted suicide from 49 to 56 per cent; even polygamy went from 7 to 16 per cent. Abortion remained narrowly disapproved of: support for access has only crept up from 42 to 45 per cent. This is probably a result of an unusual concentration of political and religious opposition and because it involves a potential life-or-death decision. But the general trend is that young people just don’t care as much about what consenting adults get up to.

Why? It might be because old forms of identity are dying. One way of measuring that is religious affiliation. From 2007 to 2014, according to Pew Research, the proportion of Americans describing themselves as Christian fell from 78 to 71 per cent. Today, only a quarter of the population is evangelical and 21 per cent Catholic, down despite high immigration. Then there is the decline in civic or communal activity. Since 2012, the organisers of Nascar, the stock-car races, have not published attendance figures at their tracks, probably because they have fallen so sharply. The decline of this most macho and working class of sports parallels the fall in conservative forms of collective identity such as southern traditionalism.

The old culture war was, like the racial politics of the old South, binary. In the 1950s, around the same time as the South invented its tradition of flying the battle flag in colleges, the US constructed an ideal of the “normal” nuclear family unit: straight, white, patriarchal, religious. On the other side was the “abnormal”: gay, black, feminist, atheist, and the rest. The surest way to get elected in the US between 1952 and 2004 was to associate yourself with the economic needs and cultural prejudices of the majority. The approach was once summed up by a Richard Nixon strategist thus: split the country in two and the Republicans will take the larger half. But that is changing. The old normal is no longer the cultural standard but just one of many identities to choose from. The races are mixing. Women want to work more and have children later in life, possibly without marriage. Many religious people are having to rethink their theology when a child comes out as gay. And the enforcers of the old ways – the unions, churches or political parties – are far less attractive than the atomising internet.

***

Politicians are scrabbling to keep up with the diffusion of American identity. Democrats got lucky when they nominated Barack Obama and chose a presidential candidate who reflected the fractured era well: interracial, non-denominational Christian, and so on. In the 2012 presidential race the Republicans got burned when they tried to play the old culture war card on abortion. They won’t repeat that mistake. After the Supreme Court legalised gay marriage across the country in June, the right’s response was not as uniformly loud and outraged as it would have been in the past. Some protested, but serious presidential contenders such as Jeb Bush grasped the implications of the defeat. There is a cultural and political realignment going on and no one is sure where it will lead. It’s encouraging caution among the Republican top brass. It is time, they think, to abandon lost causes.

The death of southern traditionalism is part of the ebb and flow of cultural history. Identities flourish and die. As political fashions change, you find the typically American mix of triumph on one side and jeremiad on the other. Richard Hines stood vigil as the battle flag was lowered in Columbia and noted with disgust the presence of what he described as “bussed-in” activists. “They pulled out all these gay pride flags and started shouting, ‘USA, USA, USA!’ It reminded me of the Bolshevik Revolution.”

Hines reckons that more southerners will now fly the flag than ever before and says he has attended overflow rallies of ordinary folks who love their region. He may well be correct. The faithful will keep the old Confederate standard fluttering on their lawns – an act of secession from the 21st century. But in the public domain, the battle flag is on its way down and in its place will be raised the standard of the new America. The rainbow flag flutters high. For now.

Tim Stanley is a historian and a columnist for the Telegraph

This article first appeared in the 20 August 2015 issue of the New Statesman, Corbyn wars