Orville Taylor Justice, or is it jus us? We often ask, who will bodyguard the bodyguards, whenever there is a question of security, usually at the lower level. Indeed, there is reason to question the standards applicable to security companies, because in many cases it is obvious that they provide a 'false sense of security.' What protection does a 120-pound guard, standing at five feet and two inches, provide if he has no gun, training or dog? True, a dog will not jam or stick but a shotgun cannot be poisoned or be misled by a female canine. (Notice, I avoided the proper name for this creature.)
Nevertheless, a vertically challenged security guard can only provide 'low security.' As our security needs increase, questions are raised about the training and competence of 'guardie.' Similar concerns persist regarding the police. Just last week, firebrand chairman of the Police Federation, Corporal Raymond Wilson, lashed out against the corrupt practices of his higher-ranked colleagues in the officer corps.
Echoing one of the force's taglines, Wilson spoke of the need to have consistent standards regarding the behaviour of all members of the constabulary. "Therefore, if we are going to weed out corruption, weed out the grass eaters and the meat eaters," he remarked. Absolutely nothing is wrong with that principled stance. The challenge, however, is whether he will still feel that way when he, being an ambitious man with a university degree, enters the gazetted ranks. Even more important, will he ever get there given his militancy and his penchant for stepping on his bosses' toes?
Seriously though, within the police organisation, there are some brilliant persons among the rank and file who only get to wear a brown suit when they go to church or the federation's annual conference. Yet, there are some university-trained rookies, who enter 'unseeded', and get to wear the khaki as easy as 'soup' after a few months of training.
Graduate-entry programme
Doubtless, the graduate-entry programme creates some discomfort for the older heads, especially those who have seniority, competence and solid track records. And to top it off, they completed their degrees in the same year or before the fresh out-of-college neophytes, who are now their supervisors. It is an imperfect system that is working out its teething pains. Nonetheless, the police are accustomed to criticism and have the capacity to 'arrest' the shortcomings, even with Mark Shields.
Still, if we hold Officer Dibble to a high level of scrutiny, what say we of our judiciary? It is bad enough that the literature in criminology and sociology suggests that there is a systemic bias in the treatment of offenders, based on socio-economic background. However, despite the fact that by and large, a society's legal system represents the interests of the dominant groups, we like to comfort ourselves that, in civilised (Western) nations, our judicial system is neutral and universally applicable. Thus, expressions such as 'ignorance of the law is no excuse,' though 'classist', 'unrealistic' and 'unjust', are taken for granted.
Think of this! Do you honestly expect the typical inner-city or deep-rural resident to have the same level of awareness regarding legal rights and obligations as someone from Mona, with lawyer neighbours and peers? Yet, bet you, that when the 'uptowners' commit crimes, their sentences are milder and the treatment, even by the police themselves, is good compared to the poorer classes. Never mind the doctor. A Ford is an old-time car that oftentimes has to be 'Escorted,' pushed, beaten out or taken apart and over-'hauled,' to maintain roadworthiness.
Common cliché
Nevertheless, given the collective delusion that we have about an equitable justice system, there is the common cliché about 'justice only not being done but also appearing to be done.' In selecting the guardians of our democracy, we need to be also assured that the highest standards and transparency are evident. We know how a prime minister (PM) is elected. Similarly, the governor-general is appointed, even unilaterally, by the PM. And the leader of Opposition merely has to lose elections, form other parties, return, and fail to capture imaginations, to get or keep his job.
However, we don't know how one becomes a resident magistrate, high court justice or a difficult to pronounce, puisne judge. The recently appointed Chief Justice is unanimously seen as a good choice doubts linger as to whether she was the best candidate. One front 'runner' had a Small chance of beating this woman in the sprint and accepted his defeat with Grace. Another did not get bipartisan support, not surprisingly, because his bloodline appears to run somewhat orange. I am not certain whether there was a Forte candidate, but I would not have been astonished if a 'wonderkid' appeared from out of the woodworks with 'Ian-clad' support.
The Bar Association is absolutely justified in demanding consultation rights in the process of the selection and promotion of all judges except those in sport. Such a decision is too great to be left in the hands of a layperson, who knows little about judicial processes, however popular he or she may be. Think about it. Do youbelieve that the Minister of Sport should have the exclusive right to appoint track side judges? When our chief judge is to be chosen, there should be no space for controversy, since we have no right of appeal.
Speaking of justice, I note that two weeks ago, a set of Clarendon high-school students were prevented from graduating because of lewd photographs they took. The question is, how did the photos get out and is there a cyber crime committed by distributing them if the girls are minors?
Dr. Orville Taylor is senior lecturer in the Department of Sociology, Psychology and Social Work at the UWI, Mona.
