“Two Strikes and You’re Out”: Shouldn’t we be more proactive about criminal justice?

Our political system is fixated on punishing ex-prisoners after they have reoffended, as opposed to trying to get things right in the first place.

At the recent Conservative Party conference, Justice Secretary Chris Grayling announced his new “two strikes and you’re out” policy. Simply put, if you’re found guilty of two offences that both carry a prison sentence of 10 years or more, you will be sentenced to life imprisonment.

This sounds like a nice idea. To be fair to the Government, a lot of what they say on law and order, does. But what’s the substance? Is focusing attention on this group of offenders worthwhile?

Upon analysis of reconviction rates of different groups of prisoners, there seems to be a trend – the longer you stay in prison, the less likely you are to be reconvicted. Compared with short-term sentences, which have a 12-month reconviction rate of around 60 per cent, lifers who are released are generally not reconviction within the same time-frame - with the official figure being somewhere between one and two per cent. Those who fall between these two extremes have a reconviction rate of around 50 per cent (within two years of release).

That is not to suggest that former life-sentenced prisoners don’t go on the commit further offences. It could be the case that either (a) they aren’t caught, or (b) it takes them longer to re-offend (although the idea that further crimes are not detected, given the amount of supervision that they are under, seems highly unlikely). However, the low rate when compared to short-stay prisoners does lead to me ask – why is the Government announcing this drive?

I’ve written at length on this site about how we should use prison sparingly - citing both economic and societal benefits for doing so. However, it seems strange to announce a whole policy based on such a small proportion of the population. It is akin to the US Government announcing a national strategy to address the prevalence of “short sleep” problems among their college students (estimated to be just under five per cent). It sounds ludicrous that they would do such a thing and, although being a far-fetched example, demonstrates how out-of-focus the “two strikes” policy could be.

That’s not to suggest that the future offending of life-sentenced prisoners should just be ignored. However, it seems epidemic in our political system that we have a fixation on retribution and punishing ex-prisoners after they have (re)offended, as opposed to trying to get things right in the first place – by encouraging a more equal society or making our prisons into environments that are more conducive to personal growth.

How would we do this?

There is some great work going on at HMP Grendon, a prison which houses prisoners (known as "residents") for extended periods of time. It has been home to some of the country’s more dangerous and difficult offenders, but has consistently had an enviable record of prisoner violence (with the exception of the murder of a resident convicted of child sex offences in 2010 – the only killing that has ever taken place in Grendon). Additionally, residents who spend more than 18 months at Grendon have a two-year reconviction rate of just 20 per cent – less than half the national average, and adding more credence to the suggestion that only the most dangerous criminals, who can be engaged in long-term therapeutic work, should be incarcerated.

So what’s Grendon’s secret?

The regime at HMP Grendon is greatly different than other category B establishments. Here, residents live in discreet “therapeutic communities”, and are treated in more a more humane way than other establishments. As eminent criminologist, and former governor at HMP Grendon, Professor David Wilson, describes:

“A therapeutic community is a 24-hour, seven-days-a-week, 52-weeks-a-year commitment to analysing your behaviour in the context of a prison to try and gain insight and understanding into why you ended up in that prison.”

This sense of acknowledging your own shortcomings is seen as a vital first step in the rehabilitation process - and sets strong foundations for positive intervention work. Therapeutic communities promote a collaborative approach to offender rehabilitation – with residents being allowed out of their cells for extended periods and engaging in group discussions designed to address their criminal pasts. Additionally, HMP Grendon is a prison that offenders volunteer to go to – knowing that their fellow residents have the power to vote them out if they feel that certain people would not be appropriate for their communities (see my post on prisoner voting rights for an overview of how harnessing and encouraging democratic involvement can help to promote desistance).

This set-up makes the prison environment more realistic, and, therefore, more comparable to being ‘on the outside’. I’m in no doubt that this better prepares Grendon’s residents for release, and reintegration, than does being in a prison environment that relies on inmates being locked up for long periods of time, with little time for social interaction and personal development.

One thing to bear in mind with therapeutic community places is that the cost around £10,000 more per year than a typical prison place. However, I have previously set out how substantial savings can be made by sentencing low-level offenders to community orders (average cost £4,000 per 12-month order) as opposed to short prison sentences (approximately £40,000 per prisoner, per year). In addition to cost savings, these community sentences are shown to have significantly better outcomes in terms of reconviction rates within 12 months (34 per cent for community orders compared to 61 per cent for those serving less than 12 months in prison). By doing this, prison staff will be free to focus their attention on the higher risk, longer-sentenced residents of the prison estate. This would also be in line with the evidence on offender rehabilitation, which suggests that the lion’s share of rehabilitation resources should be aimed at those posing the highest risk. In short, we really do need to "speculate, to accumulate".

Naturally, reducing the prison population will likely lead to a public backlash, and claims that those in power have gone "soft" on crime. However, this brave and reforming step would lead to lower reconviction rates and substantial savings to the Ministry of Justice – savings that could go towards reducing the country’s deficit, or be re-invested in education, the NHS, or affordable housing projects – all of which, coincidentally, could also facilitate lower crime rates. Small-scale pilot schemes could be utilised in the first instance in order to allay some of the public’s fears, and demonstrate the positive effects that an approach such as this could have on local communities.

For too long, we have sat back and watched political leaders engage in reactionary rhetoric, blaming offenders for re-offending when very little has been done to fix the broken penal system that in many ways keeps the "revolving door" swinging. It is about time that we reform our broken system, and adopt a more proactive approach towards offender rehabilitation.

Chris Grayling at the Conservative Party conference. Photograph: Getty Images

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

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Gender pay gap: women do not choose to be paid less than men

Care work isn’t going anywhere – and it’s about time we recognised which half of the population is doing it, unpaid.

Is it just me, or does Mansplain The Pay Gap Day get earlier every year? It’s not even November and already men up and down the land are hard at work responding to the latest so-called “research” suggesting that women suffer discrimination when it comes to promotions and pay. 

Poor men. It must be a thankless task, having to do this year in, year out, while women continue to feel hard done to on the basis of entirely misleading statistics. Yes, women may earn an average of 18 per cent less than men. Yes, male managers may be 40 per cent more likely than female managers to be promoted. Yes, the difference in earnings between men and women may balloon once children are born. But let’s be honest, this isn’t about discrimination. It’s all about choice.

Listen, for instance, to Mark Littlewood, director general of the Institute of Economic Affairs:

“When people make the decision to go part time, either for familial reasons or to gain a better work-life balance, this can impact further career opportunities but it is a choice made by the individual - men and women alike.”

Women can hardly expect to be earning the same as men if we’re not putting in the same number of hours, can we? As Tory MP Philip Davies has said: “feminist zealots really do want women to have their cake and eat it.” Since we’re far more likely than men to work part-time and/or to take time off to care for others, it makes perfect sense for us to be earning less.

After all, it’s not as though the decisions we make are influenced by anything other than innate individual preferences, arising from deep within our pink, fluffy brains. And it’s not as though the tasks we are doing outside of the traditional workplace have any broader social, cultural or economic value whatsoever.

To listen to the likes of Littlewood and Davies, you’d think that the feminist argument regarding equal pay started and ended with “horrible men are paying us less to do the same jobs because they’re mean”. I mean, I think it’s clear that many of them are doing exactly that, but as others have been saying, repeatedly, it’s a bit more complicated than that. The thing our poor mansplainers tend to miss is that there is a problem in how we are defining work that is economically valuable in the first place. Women will never gain equal pay as long as value is ascribed in accordance with a view of the world which sees men as the default humans.

As Katrine Marçal puts it in Who Cooked Adam Smith’s Dinner?, “in the same way that there is a ‘second sex’, there is a ‘second economy’”:

“The work that is traditionally carried out by men is what counts. It defines the economic world view. Women’s work is ‘the other’. Everything that he doesn’t do but that he is dependent on so he can do what he does.”

By which Marçal means cooking, cleaning, nursing, caring – the domestic tasks which used to be referred to as “housework” before we decided that was sexist. Terms such as “housework” belong to an era when women were forced to do all the domestic tasks by evil men who told them it was their principal role in life. It’s not like that now, at least not as far as our mansplaining economists are concerned. Nowadays when women do all the domestic tasks it’s because they’ve chosen “to gain a better work-life balance.” Honestly. We can’t get enough of those unpaid hours spent in immaculate homes with smiling, clean, obedient children and healthy, Werther’s Original-style elderly relatives. It’s not as though we’re up to our elbows in the same old shit as before. Thanks to the great gods Empowerment and Choice, those turds have been polished out of existence. And it’s not as though reproductive coercion, male violence, class, geographic location, social conditioning or cultural pressures continue to influence our empowered choices in any way whatsoever. We make all our decisions in a vacuum (a Dyson, naturally).

Sadly, I think this is what many men genuinely believe. It’s what they must tell themselves, after all, in order to avoid feeling horribly ashamed at the way in which half the world’s population continues to exploit the bodies and labour of the other half. The gender pay gap is seen as something which has evolved naturally because – as Marçal writes – “the job market is still largely defined by the idea that humans are bodiless, sexless, profit-seeking individuals without family or context”. If women “choose” to behave as though this is not the case, well, that’s their look-out (that the economy as a whole benefits from such behaviour since it means workers/consumers continue to be born and kept alive is just a happy coincidence).

I am not for one moment suggesting that women should therefore be “liberated” to make the same choices as men do. Rather, men should face the same restrictions and be expected to meet the same obligations as women. Care work isn’t going anywhere. There will always be people who are too young, too old or too sick to take care of themselves. Rebranding  this work the “life” side of the great “work-life balance” isn’t fooling anyone.

So I’m sorry, men. Your valiant efforts in mansplaining the gender pay gap have been noted. What a tough job it must be. But next time, why not change a few nappies, wash a few dishes and mop up a few pools of vomit instead? Go on, live a little. You’ve earned it. 

Glosswitch is a feminist mother of three who works in publishing.