George A. Campbell, Contributor
Keisha Moffat is consoled by her brother Oral at the family home in Ewarton, St. Catherine on September 26. Keisha's six-year-old son Zidan Linton, was one of four persons murdered by a gunman who fired indiscriminately into a crowd at a football match at the Brammie Clarke Sports Complex in Ewarton on Sunday (September 25). The gunman was also killed. - Rudolph Brown/Chief Photographer
I SUSPECT that most Jamaicans could be persuaded to support the majority of the 10 measures proposed. However, I accept that, disquiet within legal and human rights circles, financial constraints and political considerations are likely to prove formidable hurdles.
Our anti crime measures are moving in the right direction, but they need help. We need to gain and hold ground much more assertively till some of the longer term institutional strengthening and socio-economic strategies have a chance to succeed. Most of us accept that there is a "hot war" to be fought in the trenches, needing aggressive, confrontational and even experimental tactics, and a 'cold war' to be waged through the consultative planning of policies and programmes of change.
In the former theatre in the short to medium term, we need to have the vision and courage to break new ground quickly where it serves the battle, and to tweak the judicial paradigm if necessary, to loosen some of its restrictive caution. This view derives from the following conclusion. We either control crime, or crime will, in both overt and subtle ways, come to control us. The current levels and types of violent crime cannot co-exist with any vision of a better Jamaica.
None of the 10 "Get Tough" measures I am proposing are original. They can be found in various jurisdictions that respect the rule of law and value human rights. As a good web search will reveal, most have been the subject of careful, and sometimes, prolonged legal debate and review. Neither is it necessary or desirable, that all of the measures be permanent.
In the closing paragraphs, I float an idea that I have certainly not seen elsewhere. I am proposing it, though I personally have no difficulty in supporting it. Frankly it is such a departure from normal sensibilities that it is best treated as a moot, to be debated deep within each person's conscience, until that day perhaps, when necessity forges a more public consensus. My curiosity is to learn if others think as I do, and what such views suggests about our changing values on justice. First however, here are the 10 measures.
1. Create 'Gangbusting' legislation. Define a 'criminal gang' as an entity comprised of three or more persons who commit two or more violent crimes within specially designated zones. By statute, impose a mandatory minimum five year prison sentence for taking part in a 'criminal gang' crime within the designated zone. Serious crimes such as murder, rape, maiming, kidnapping or trafficking in specified drugs should attract much higher minimum mandatory sentences.
2. Create an Anti-Social Behaviour Order. This restraining device would provide a 'fast track' court order that, if breached, would attract a mandatory prison sentence. A Senior Superintendent of Police could apply to a Resident Magistrate for such an order against an individual, once good grounds exist for believing that an act, conducive to social disorder, might be undertaken. MP's breaking curfews, being only one example of how it might be applied. As a bit of reflection will show, this is a much speedier and less cumbersome device than a high court restraining order, and will be pre-emptive rather than reactive to breaches of the peace.
3. Limit the use of 'concurrent sentences' to non-violent crimes only. This will attach much more serious consequences to committing multiple offences.
4. For serious crimes of violence, allow surviving victims and families to make pre-sentencing appearances to influence sentencing.
5. Introduce 'bounty hunting legislation' to encourage foreign or local experts to assist in apprehending fugitives, particularly those who flee overseas. The Government should introduce a speedy and worthwhile reward system.
6. Modify existing legislation so as to more easily punish both head of household and spouse for, fugitives, stolen goods, arms or ammunition found within a household.
7. Introduce mandatory life sentences for repeat serious violent crime offences.
8. Introduce 'Truth in Sentencing' laws so that criminals serve most if not all of their prison sentences. I have no proof of this, but I sense that our parole system can easily be corrupted before the Parole Board sits.
9. Disarm Jamaica. Period. Unconditional revocation of all gun licenses except those held by approved security personnel. Offer fair compensation, but thereafter, impose a minimum mandatory sentence of 20 years for possessing or dealing in illegal guns.
10. Empower the Commissioner of Police to dismiss any member of the Force (meaning above or below the level of Inspector) who, in his judgement, brings the Force into
serious disrepute. In the case of a wrongful dismissal, limit the available remedy to compensation only. Not reinstatement. In addition place the onus on the dismissed to prove in any court of appeal, that the dismissal was unjustified. Lets stop procrastinating and allow and trust the Commissioner to clean up the Forces.
INCREASED PRISON POPULATION
These tougher anti crime measures will, of necessity, increase prison populations and create real budgetary pressures for the Government. The cost, however sourced (including raiding the NHT) will just have to be met. Naturally we should also explore less expensive prison alternatives, such as introducing house arrest, releasing less serious offenders into the program to free up additional prison space. Why can't certain deportees also pass through such a program, on pain of completing their sentences locally?
EXTERMINATION
With respect to the idea I mentioned earlier. It arises from considering the question 'How do we deal with enforcers, or that particular breed of them, who kill without conscience or remorse and who rape, and pillage as appetite and money dictate"?
I am of the belief that they are irredeemable and incapable of rehabilitation within our present penal system. Further, we simply don't have the luxury of finding out and should no longer agonise over so doing. My solution would be to exterminate them. This idea is not particularly revolutionary, and it would surprise me if many Jamaican's did not agree.
Since our sense of justice demands a process, two pertinent questions immediately arise. What stratagem would pave the way for extermination? And who would determine those to be exterminated? Both answers are simple enough in concept although realistically, how our citizenry, the constitution, our laws and our commitments to international treaties would be managed to enable them, is an entirely different matter. Part of the veranda debate could consider if these restrictions, in times of national peril, are really so insurmountable.
We could create a classification of criminals called 'Outlaws'. So called because they are, by decree, placed outside of the protection of the law and therefore the judicial system. Constitutional protection is withdrawn, and neither the concept nor practices of civil liberties human rights and individual freedoms would apply to them. The State and its appointed servants can effect an execution without breaking any laws (man made
ones, at least). Logically, any citizen could claim this right as well (and what a concession to the spirit of revenge) but preferably, even if inconsistently, a line should be drawn. There are no trials or appeals, no surrendering to the State via a clergyman or lawyer. No "mea culpa", forgiveness or mercy. Only public notice given, that your time has come. No member of the Security Forces needs plant a gun, or claim a shoot-out, or have the Damocles Sword of accusation constantly hovering overhead. With this freedom to eliminate, in fact, sweetened with a handsome bounty, enforcers are simply expunged from the tribe. Incidentally, if you mistakenly kill Mrs. Enforcer, you face the judicial system, since she has not been declared an Outlaw.
Who determines who is to be classified an 'Outlaw'. Again this is simple enough in concept, if we don't drown ourselves in due process, caveats, exemptions and, worst of all, conscience. A Troika, comprising The
Comissioner of Police, The Head of The Jamaica Defence Force and a reformed Jurist would comprise a more than acceptable court to me. Advised by the local and international criminal intelligence communities, the bar of justice is lowered from guilt beyond a reasonable doubt to guilt within a reasonable probability. Legally put, Enforcers beware! Seek other occupations if your sense of fundamental human rights, civil liberties and individual freedoms are offended. A published list, however stamped and stamped and sealed, seals the Enforcer's fate. Swiftly and unfettered by Cross or politician, lawyer or intellectual, secure in the appreciation of a grateful nation, the Troika sits and rises, to the corresponding demise of this particular breed of criminal.
Well, perhaps not in our lifetimes.
You can send your comments to George Campbell at Oeg20@hotmail.com or infocus@gleanerjm.com
