Said Mr Golding: "If a man feels that he can commit murder and the chances of him being arrested are three out of 10, and even if he is arrested, the chances of anybody coming as witness to testify against him are two out of 10, and if they testify, the chances of him being convicted is one out of 10, then he is not even going to squint; he is going to commit the crime."

Those hypothetical ratios are, unfortunately, not far off from the real numbers. Indeed, less than 40 per cent of murders committed in Jamaica these days are cleared up, which is to say that a definitive suspect, is identified. Specific figures are not available, but it is reasonable to assume that over the long run, a lower proportion of suspects are charged, brought to court, tried and, much more, convicted.

Behave with impunity

In that scenario, the fact that there are, on average, over 1,600 murders in Jamaica annually, or a homicide rate of over 60 per 100,000 population, is understandable. Criminals know they can and, as the prime minister suggested, they do behave with impunity.

So, as we insisted during last year's parliamentary debate and conscience vote on capital punishment, the fundamental issue was not whether Jamaica maintained hanging in its statutes. For perpetrators of crime have first to be caught and convicted in a court of law before they can be executed. Except for the extrajudicial stuff.

Or, in line with Mr Golding's argument, laws are not of themselves deterrents; it is rather the capacity to apply the law. In the context of Jamaica's crisis of criminality, there are two immediate needs: a credible and efficient police force that can investigate crime and catch criminals; and a justice system that is fast and fair and in which people have faith.

It is broadly accepted that the credibility of the former is battered and that the latter is under severe stress.

Enhance its capabilities

To be fair, there are ongoing, even if from some perspectives not sufficiently radical, efforts at overhauling the constabulary to weed out corruption and enhance its investigative and interdiction capabilities. That must be accelerated.

Despite the many declarations of intent and some moves to strengthen the judicial process, we do not, however, feel the same urgency for reform. Neither from the executive branch of government nor from judicial officers. Indeed, our sense is that there is a sense in the judiciary that it stands far above the fray and that to engage with juridical urgency would somehow tarnish something that is apparently highly cherished - judicial aloofness. Hopefully, such perceived attitude is more apparent than real.

Mr Golding in his Montego Bay speech called for a partnership that helps to foster a culture of deterrence, so 'that when a man is considering doing something that he knows is against the law ... he must be given cause to think not once, not twice, not thrice, but several times".

It is not knowledge of the possibility of punishment that will cause that, but the certitude of being caught, which is where Mr Golding ought to concentrate his efforts.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.