Yesterday I again wrote on the serious and consequential issue of judges repeatedly releasing murder suspects on bail even after they have killed on numerous occasions. In addition to that, they systematically short-circuit the crime-fighting process by granting extremely light sentences to convicted murderers.
As I indicated yesterday, judges hide behind the section of the bail act that says *when bail is considered, it should not be used as a penalty*.(*paraphrased). https://mikebeckles.com/judges-releasing-murder-accused-on-bail-a-major-driver-of-the-killings-on-the-island/
The idea that when a judge is tasked with considering bail for a murder-accused, the foremost thing in that judge’s mind is not to be punitive runs counter to where their focus should be.
The rights of crime-victims’ and that of their families must take precedent over that of an accused murderer. Weeks ago, I called on the government and the opposition party to come together instead of trying to score cheap political points and put the Jamaican people first. The Administration in Jamaica House has demonstrated a new willingness to engage the criminals; the opposition People’s National Party has decided to wait to see if the high murder rate will sour voters on the government and thereby return them to power.
It is a macabre calculative and cynical calculus that should keep them away from Jamaica House for decades to come.
For its’ part, the Andrew Holness administration is nowhere near tough enough on the mindless killers that continue to propel Jamaica into infamy, dubbed, the worlds’ murder capital.
One member of the JLP has consistently earned my personal ire by taking steps that seem to cater more to criminals than crime victims; that member is Justice Minister Delroy Chuck. Chuck has advocated for a 50% reduction in sentences for criminals who plead guilty to their crimes, including murderers. His reasoning is that it clears court dockets, Imagine halving the sentence deserved by a killer because it is important to clear court dockets? The logic of policy-makers borders on the ridiculous and therein lies the nations’ problems.
I have been opposed to that policy from the start. The options should be the difference between death and life in prison for murderers.
However, since Jamaica refuses to extricate itself from the rear end of her majesty the queen and since there is a moratorium on the death penalty handed down by the colonial ‘masters,’ jamaica has by default disenfranchised itself from the option to send the killers home to their maker.
Delroy Chuck then turned tail as soon as there was a massive outcry from the public, a public that has grown exhausted with the daily killings, killings that have sapped their ability to properly grieve.
Chuck then tabled legislation that would grant prosecutors the right of appeal in cases where they see inconsistencies after he realized that criminals were being let out the door in a disgraceful and dangerous manner by judges that did not care.
Though the legislation did not go nearly as far as it should, as is the case with legislation to fight crime in Jamaica, it eventually became law in its watered-down form. The opposition PNP has never seen a bit of anti-crime legislation it did not hate; therefore, it is challenging to get anything meaningful done.
Last Year, Delroy Chuck, startled by public outcry and from activists like this writer, begged the nation’s judges to be less lenient with violent offenders. (wonders of wonders).
On May 4th, 2021, contributing to the sectoral debate, the justice minister [begged] judges to hand down lengthier sentences. (The absurdity of a member of the elected legislative body begging an unelected and unresponsive aloof body to respect the people’s wishes was certainly not lost on this writer).
During his speech, Chuck said the executive branch of ‘Government was looking to the judiciary to telegraph to criminals that violence had severe consequences.’
Delroy Chuck failed to realize that in Jamaica, the executive branch of Government is also the Legislative branch of government under our parliamentary system of government. And so, instead of begging unelected bureaucrats to respect the laws, the government should table legislation that dictates mandatory minimum sentences for certain violent crimes.
The justice minister said: “Where the crime, be it murder or other serious offenses, is so gross, so gruesome, whether or not the offender pleads guilty, the court should send a solitary message, the strongest message possible, that that individual, when he is sent to jail, won’t see outside again.”
You think?
And that is the reason that this matter should be treated with Legislation, not begging. As was to be expected, Bryan Sykes, the chief justice, was dismissive of the Minister, arguing, ” judges have to take into account the facts before them as well as the offense for which an individual has been charged.”
Yes, but they do not get to thumb their noses at the process and administer their socialist brand of justice. In actual terms, Bryan Sykes seems to have little or no respect for the process, in my opinion.
In its final report to the parliament, the 2007 justice reform task force chaired by Barry Chevvannes found the following.
Part 1 –
The Jamaican Justice System Today
Courthouses and other infrastructure are in inferior condition;
The justice system is not under-funded; There is a lack of consistency in the enforcement of laws and outcome of various legal processes, including for example inconsistency in sentencing, which contributes to uncertainty;
Procedures and language are too complex and, in some cases, archaic;
There are many barriers to accessing the justice system, including the inaccessibility of legal information, legal assistance, and the courts;
There is a perception that individuals are not accorded equal treatment by the justice system, nor do they receive the equal benefit and protection of the law;
Insufficient attention is paid to human rights and some of Jamaica’s obligations under international human rights treaties, some of which have not yet been integrated into domestic law and practice;
Justice personnel do not always carry out their duties in a professional manner (and related concerns about low remuneration, insufficient numbers of personnel to handle the job, and inadequate training);
Many practices and procedures are outdated and inefficient (specific issues include: the use of juries, the use of preliminary inquiries, scheduling practices; court management and administration practices; filing and recording keeping); and
Actors and institutions within the justice system are not fully accountable.
Under Chief Justice Byran Sykes, the court has taken on an argumentative and somewhat confrontational tone, without the requisite respect for the concept of ‘we the people.’ Instead of explaining why certain decisions are made and making corrections where there is grave injustice done to the people’s cause, Sykes has been aloof, dismissive, and blatantly arrogant.
For those reasons, this matter must once and for all be removed from the hands of unelected bureaucrats and codified into law so that the majority’s wishes can be respected.
If Jamaica is to survive and thrive, the legislature must act with alacrity to shut this door.
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.