Delroy Chuck IF WE are ever to stem the rising crime rate, we need to strengthen the process and institutions that deliver justice and give criminals their just deserts. As with everything else, we mistakenly believe public relations and the ability to talk a good talk can meet the challenge of overcoming the criminal elements within our society when the fight against crime demands equal treatment before the law, zero tolerance at all levels, forensic evidence, intelligent investigation, strong prosecution and the support, respect and trust of the citizenry.
Criminals get away with murder and the benefits of their crime, as the maxim that crime does not pay is laughable in a country torn apart by corruption, indiscipline and incompetence. We may know the criminals and the crimes they commit but how does the average citizen play a central role in bringing them to justice? Why in fact should John Public even give assistance when his effort to date has been foiled and undermined by poor investigation, weak prosecution and the failure of state institutions to bring the criminals to justice? Misguided members of the public, in their desperation, even support police death squads to rid the streets of gunmen, killers and other criminals, without appreciating that their support for extra-judicial killings and state brutality contribute to the injustice and deepening evil engulfing our social order.
When things fall apart, it is time to take stock and get back to the basics. Our crime problem is out of control because we have weakened and corrupted the fundamental tools to send the unmistakable message that the criminals will be brought to justice. It is good policing, strong prosecution and a society committed to justice and the rule of law that can successfully fight criminality. Indeed, these are some of the factors that the much-maligned United States of America has successfully used to reduce crime annually for the past ten years and more, and they can also work for us. Crime is primarily a risk operation and the duty of a good society is to make the risk of getting away with crime so low and so devastating that it is not worth taking the risk.
EMOTIONALLY CHARGED
To be sure, there are many criminals who are so emotionally charged that they are not masters of their minds when they inflict their mortal blow but these usually occur in domestic situations and are not easily preventable. We are here concerned with how to stop the criminals who prey on society and have no intention of living a straight and honest life. We have for too long used and supported extra-judicial killings, state brutality and wanton injustice to fight crime and they have, predictably, failed - it is time to commit ourselves to something different. It is time to use the tools of a good society to master those who seek to destroy it.
A good justice system is the key, which means the effective collection and presentation of evidence backed up by a strong and vigorous prosecution. In truth, this is the arena in which we have failed dismally in the recent past and have caused far too many to seek justice outside the formal system. A good justice system demands and satisfies the constitutional requirement of a fair hearing within a reasonable time, which means in the language of the ordinary man a quick determination of the case to put away the guilty and discharge the innocent. Yet, the ideal of a good justice system is sadly lacking, as our overcrowded courthouses are marketplaces for prolonged delays, unimaginable frustration and increasing bitterness.
WEAKENED
Our justice system is being weakened and falling into disrepute by weak and incompetent prosecution, starting with the inept collection of evidence and ending up with the tiresome prosecution of cases that merely frustrate the witnesses and lead to the guilty leaving the courtroom free. Investigating police officers fail to adequately collect relevant, forensic and compelling evidence that would persuade defence attorneys to convince their clients to plead guilty, instead they rely almost totally on eyewitness testimony, which in our society is open to so many errors, weaknesses and, I daresay, corruption.
Sadly, the Department of the Director of Public Prosecutions, that sacrosanct institution in which the country vests the constitutional authority to prosecute all criminal cases, loses and sidelines its best prosecutors and, nowadays, its competence and judgments are being called into question. Far too many wrong signals are emerging from this department. When the majority of prosecutors can call on the government to act decisively to resolve disputes there then one wonders how can this department ever restore the trust and respect that it requires to effectively and successfully prosecute criminal cases.
Most importantly, equal treatment is essential to a good justice system. The rich, well connected and the powerful cannot be treated differently from the poor and powerless. While the poor and powerless are immediately charged when they are alleged to have committed murder, in the case of police officers it is almost routine to send their cases to the coroners' court where they seem to get lost in the system or no further prosecution ensues. While the DPP prosecutes several cases of police corruption, far too many cases of blatant police killings - for example, the Braeton 7, Jason Smith from Spanish Town, Andrew Phang from Grants Pen, etc. - fail to find closure, at least in the minds of the victims' relatives. If the office of the Director of Public Prosecutions is to effectively discharge its constitutional role and help to combat crime within our society, it has to clean up its act and regain the trust and respect of its staff, and the public.
Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. He can be contacted by e-mail at delchuck@hotmail.com.
