The Editor, Sir:

The cardinal purpose of the criminal law is to punish the guilty and protect the innocent.

The main arm of the enforcement of the criminal law is the police.

But the police in Jamaica have become increasingly frustrated in bringing to justice persons perceived to be guilty, because witnesses are either too terrified, or fail to live long enough to testify.

At the same time, they (members of the force) are presumed guilty of all appa-rent wrongdoings, until proven otherwise.

Finally, in their eyes, the least deserving of any sym-pathy is the gunman. Add all these factors together and what do we have - a recipe for abuse.

Drastic measures

Now, law-abiding citizens, fed up to the teeth with the intolerable level crime has reached are prepared to 'give up certain rights' in their desire to aid 'drastic mea-sures' and anticipate that the police will only arrest the guilty perpetrators.

However, the reality of Jamaica today is that there exists persons who will see these drastic measures as an opportunity to use the law as an instrument of vengeance for reasons totally unconnected with the crime wave e.g. political differences, infidelity and other 'hurtful' grievances.

The reliance on mandatory sentences is not new - and history can guide us. We had it in the 70s, under the Gun Court "Act", where conviction carried indefinite detention and that act had to be repealed.

Once the public became aware of the implications of indefinite detention, it was a simple step for persons to see the opportunity provided for settling old scores by planting a gun or ammunition in the home or vehicle of the perceived enemy and informing the already unsym-pathetic police.

Ask any defence counsel or police officer who was around in the '70s how widespread that practice became.

Speaking of defence counsel, I note the increasing trend to associate, by some obverse reasoning, the role of defence counsel in pursuing the sworn obligation of their calling with the escalation of crime.

Defence counsel

Let me explain the role of defence counsel. He or she is the last bastion against the violation of one's rights by the state or any other source and who is prepared to face contempt charges in the struggle.

They tend to be viewed in the same light as dentists - to be avoided, until one experiences really deep pain, whereupon they are hounded, whenever and wherever, even if it be at midnight, to help ease that pain.

The decent law-abiding citizen who believes that the police, now armed with this awesome power, to detain for 60 days without charge and the prospect of a minimum of 10 years imprisonment, is now miraculously going to find and arrest only the persons responsible for the crime wave, are deceiving them-selves.

What about their decent law-abiding teenagers, who may be speeding home late from a party and who find it fashionable to dress in the style of the inner-city youth?

Judges' discretion

The answer is, increase the sentence if one must, but do not remove the discretion of our judges. They more than anyone else are aware of the realities of the modern Jamaica - they see it everyday.

Finally, my fellow Jamai-cans, please do not give up a single right won by the blood, sweat and tears of our forefathers, lest you find yourself someday making that midnight call.

I am, etc.,

HOWARD HAMILTON Q.C.

Attorney-at-law

Kingston