- What A Novel And The UK’s Justice System Has In Common (Opinion)
One of the greatest novels of the 19th century, if not the greatest, begins with a convict being released from prison. Having served a 19-year sentence–five for stealing a loaf of bread and another fourteen for attempts at escape–he is required to carry a “passport” identifying him as a convict. This man is, of course, Jean Valjean, and he is the central protagonist of Les Misérables.
The story of his fall and rise (and not the other way around, for in truth he never fell, but started from the bottom) would not have been possible if he had not committed an additional crime upon his release.
I’m not referring to the theft of silverware from the Bishop of Digne, or the theft of a coin from a child. I’m referring to his crime of hiding his past as a convict. Otherwise, it is doubtful that Valjean could have become a wealthy factory owner and mayor (yes, I stand accused of mixing fact and fiction. A novel can take whatever twists and turns the author feels like making). For who is willing to give a criminal a second chance? Not many.
I imagine many, if not most, would share my belief that Valjean would have been relegated to a life of crime if he had remained “honest” and openly acknowledged his past. How many of us are willing to take in a criminal as a colleague or neighbor, one that has spent nearly twenty years in the slammer? Would the original theft, a loaf of bread, make a difference on how we perceive him? Or would we be more afraid of how he was hardened while “institutionalized”?
Would we still point self-righteous fingers at someone who stole a loaf of bread?
The UK Law Would
Apparently, the answer is “yes, we’d love to” when it comes to the UK judicial system. The chief constables of the Humberside, Staffordshire, Northumbria, West Midlands, and Greater Manchester police forces have appealed–and won–against a ruling that would delete criminal conviction records in their data bases.
According to the justices that ruled on the matter,
“If the police say rationally and reasonably that convictions, however old or minor, have a value in the work that they do, that should, in effect, be the end of the matter,” said Lord Justice Waller, sitting with Lord Justices Carnwath and Hughes.
But then, what else would the police say? I’m not an imbecile–I do realize that, when it comes to people, past history can be a very good indicator of future actions. But, even if it were not, would the police admit to it? Then they’d be in a tight situation where they’d have to explain their database. Nobody wants to be accused of being a modern-day Stasi.
Getting A Job
I’d like to comment on a couple of things:
Ian Readhead, Acpo director of information, told the BBC: “This data assists police officers in their work in preventing crime and protecting the public and the loss of such valuable information would have been detrimental to that.
Also,
The police added if the original ruling had been upheld, the result would have been a “liars’ charter” – where people would be able to deny criminal convictions on job applications if they knew the deletion deadline had passed.
I’d say that’s the point. If you stole a loaf of bread fifteen years ago…is that so important?
Because, as far as I can tell, if you check “yes” on a job application to the question, “have you ever been criminally convicted,” you will be denied an interview. The “bread” usually does not factor in.
Furthermore, take into consideration that a lot of hires take this information on-line. Do you really think that those job application filters in place will separate the bread stealers from rapists and kidnappers?
The assumption is, of course this doesn’t happen anymore. Think again.
The original ruling came about after five people complained to the information commissioner because their criminal records showed up when they applied for jobs.
One of the cases was a record held by Humberside Police about the theft of a 99p packet of meat in 1984. The person involved, who was under 18 at the time, was fined £15.
Another, held by West Midlands Police, referred to a theft which took place more than 25 years ago, for which the individual was fined £25.
And a third, held by Staffordshire Police, related to someone under 14 who was cautioned for a minor assault.
Under current policy, criminal records remain on the police national computer for up to 100 years.
What are the chances these people will at some revert to crime–not minor ones at that–because they could not get a decent job? I guess the police would be more right than ever, that even the smallest crimes to lead to more crimes, no matter how old. Talk about ills begetting ills…