Dennie Quill, Contributor
EVERY WELLTHINKING Jamaican should welcome the launch of the victims' charter which seeks to establish the mechanism by which members of the public who are victims of crime can seek compensation from their offender.
From reports, the Victim Support Unit has been doing a splendid job in providing support for persons who have been the victims of robbery, sexual abuse, wounding, shooting and murder. Last year more than 2,000 victims suffered the effects of major crimes, and even though we hear that crime is trending down, murder continues to be unacceptably high. The murder rate is one of the most accurate measures of crime because often crimes like rape and incest are not reported, but murder is a visible crime.
This latest initiative of the Justice Ministry deserves high priority because this is the best way to ensure that long-suffering victims and their families may be compensated for things like medical expenses and/or counselling fees, funeral costs, loss of earning support, emotional grief.
Traditionally, the courts have concentrated on the legal injury caused by criminals, largely ignoring the social, emotional and economic hurt that accompanies their actions. The victims and their families are truly the forgotten ones.
It is galling to everyone, but more so to the victims of violence, when technical loopholes are exploited allowing the guilty to walk free - but this happens in courts every day. It happens because the essence of the law is that one's guilt must be proven beyond reasonable doubt. So it is not unusual for victims to go through the trauma of a trial and at the end of the day receive no justice because of a technicality.
Such instances help to strengthen the view that the system favours the offender over the
victim. I am told that legal remedy exists for a victim to initiate proceedings against the offender, but it is an expensive and difficult undertaking. The system works well for the lawyers and the offenders but not the victims. Yet, crime has a huge impact on the quality of people's lives.
OFFENDERS MUST PAY
Why should a thief who tears down a home and kills the breadwinner of the family not be ordered to work and help educate the victim's children? I believe that is just punishment. But, as we know, it does not happen that way. The irony of it all is that the offender, often unskilled and uneducated, may not even be in position to offer compensation. What happens then? It may require the Government toestablish a National Compensation Fund fed by money collected from court fines in order to assist the victims. It comes right back to the overburdened taxpayer who may have to foot the bill.
As the Justice Ministry moves around the island to get citizens' input on this important charter, I urge everyone to make their voices heard to ensure that the charter will serve its intended purpose and function efficiently so that the victims are no punished twice by having to wait years and years to be compensated. Victims should also be assisted in filing complaints and should be accorded due respect and compassion by those who administer the programme.
For my part, I would suggest that some of these offenders be flogged as well. I hope that as the legislation makes its journey through the justice system it will be viewed as one more instrument to quell the culture of crime that has beset our country. Putting things right is not just about law enforcement.
Dennie Quill is a veteran journalist who may be reached at denniequill@hotmail.com
