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  • Fighting crime Reneto's way

    Fighting crime Reneto's way
    HOWARD GREGORY

    Sunday, August 22, 2010




    SEVERAL years ago when former Senior Superintendent of Police Reneto Adams was on his rise to public attention, I was part of a gathering of clergy who listened to a presentation he made concerning crime-fighting and his approach to the same.
    It was at a time of growing concern about the increase in crime statistics, and murders in particular. A representative group of the church was disturbed by this development and wanted to express its concern about the developing situation and also to find out how it could assist the police.

    Mr Adams' presentation on that occasion was clear, demonstrated a careful analysis of the crime statistics, and was presented in a moral framework which, at the time, seemed quite credible. He did not, in any way, suggest that the challenge before the police was easy, but expressed a clear commitment to pursuing the path of crime-fighting with a view to reducing the statistics.
    Conscious of the magnitude of the task, and desiring to support the work of law enforcement, we gave our support to Mr Adams and his stated approach, as he had just embarked on a new assignment.
    Subsequent events revealed that, while Mr Adams' diagnosis of the problem may have been somewhat on target, his methodology for treating the problem was definitely off base. Controversy attended him for the rest of his career in the police force, although he was never convicted of any wrongdoing. As a controversial figure, persons either loved him and supported him, or hated him and had not a good word to say about him.
    His early retirement from the force and his expressed interest in the job of commissioner of police when it was last vacant, received a similar response. Now, he has come back in the news with his visit to Tredegar Park two Fridays ago and his utterances concerning the shape that crime-fighting should take in that community in the wake of the massacre of eight residents. He is reported in the media to have said on that occasion:
    "My policy is that where criminals are concerned, we are to identify them and treat them like the ferocious crocodiles and alligators, having them killed in the eggs before they are hatched."
    "Anywhere you see the alligators and crocodiles, have them killed before they devour you."
    This most glaring utterance on his part has evoked the usual response of divided loyalty from the public.
    There is no way to gloss over the violence inherent in this position. It is a clear call to violence in the name of law and order and the maintenance of order within this and other communities affected by crime and violence.
    This comment is a most unfortunate one and provides the clearest statement of why Mr Adams' tenure has been surrounded by so much controversy and why persons must now be breathing a sigh of relief that the Police Service Commission did not give positive consideration to his application to become the current commissioner of police.
    Having said all of this in terms of the pronouncements and the responses to Mr Adams, I must point out that he is not just some kind of rarity who stands in the outfield of public opinion. I am proposing that he is as good a representative as any of where many Jamaicans stand on these issues, and is indeed representative of the position articulated by some religious groups, who unabashedly provide the theological justification for such a position.
    I would like to return to this position, but for now I would like to note the philosophical position inherent in this kind of approach to crime-fighting, which asserts that violence is to be fought with violence of equal intensity and, when fought in the name of law and order, is not only justified but effective.
    For a moment I would like to invite persons to place alongside Mr Adams' prescription, the following comments from one equally violent person who was on the other side of the law and criminality. Here I speak of Cedric 'Doggie' Murray, one of the persons on the police most wanted list for a long time, one who was killed recently in an alleged exchange of gunfire with the police in St James, and whose personal diary reveal his commitment to Christopher 'Dudus' Coke, the violence he unleashed on the security forces during their invasion of Tivoli Gardens, and his commitment to a life of violent resistance. It is reported that in his Ode to 'Dudus' he wrote words to this effect:
    "May 24, invasion of Tivoli Gardens by Babylon -- the enemy.
    "Gunshots rang out for hours from every corner in West Kingston and other places to protect the man: don of all dons, Christopher 'Dudus' Coke."
    "I fired my AK-47 until my fingers were numb. I ate gunpowder until my throat was sore. Babylon feel seh man a fool like dem, and dem can jus come and kill mi. Dem betta know seh gangsta fi life. All out when mi get drawn out, straight bullet fi dem. My gun is my best friend. We are always together."
    There is clearly no question about the intensity of violence which is expressed in these few lines and the destruction of which it is capable. The question for us as a society, though, is this: will we be able to restore law and order, civility and justice, by having two forces of such professed violence and violent intention face off against each other?
    I am a strong believer that it will never happen and that violence only begets violence, not justice and peace.
    This is precisely where some of the religious groups have been giving sanction to this kind of approach which seeks to match fire with fire and who give support to the notion that this is not only consistent with the justice of God but is the actual expression of the same.
    The lex taliones of Leviticus 19:18, the "eye for an eye" principle, is interpreted is such a way to undergird the law of retaliation or revenge which supports the legal principle that prescribes retaliating in kind for crimes committed.
    One historical source suggests that this principle had its origins in early civilisation when there was no well-established social system for settling wrongs and served its purpose well in that era, but now it has been replaced by the state and a legal process and judicial system which prescribes the appropriate punishment for dealing with offences.
    The problem as I see it is that there is a religious community which is locked into the Old Testament treatment of the lex taliones and which fails to realise its relevance and application to early civilisation as found in Palestine of that era, but also that persons who claim to be Christians have yet to hear Jesus' words, which move beyond the principle of the lex taliones and call for a more radical and humane principle for settling wrongs within the context of community.
    My exploration of material on the subject of punishment and the handling of offensive behaviour has led me to some material on proportionality, retributivism, and utilitarianism, making use of that wonderful tool of modern technology, wikipedia. Proportionality is defined as requiring that the level of punishment be scaled relative to the severity of the offending behaviour. At the same time, this does not mean that the punishment has to be equivalent to the crime.
    This is a principle which seems to get lost on those who would want us to fight crime and violence with the same measure and intensity as those committing offending behaviours. Thus, for those who support this position we can advance the cause of law and justice by lining up the violence advocated by Mr Adams against the violence of Cedric 'Doggie' Murray.
    Far more useful to us, I believe, is an approach of philosophers of punishment who have contrasted retributivism with utilitarianism. The contrast as outlined by one researcher gets to the heart of some of the issues with which we wrestle in our approach to crime-fighting. "For utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social benefits, such as crime reduction. For retributionists, punishment is backward-looking, and strictly for punishing crimes according to their severity". We may add to this assessment the fact that one expression of the utilitarian approach which is currently a part of our legal system in Jamaica is that of restorative justice.
    I make no secret about the fact that I believe that the better way for this society in dealing with crime-fighting is that of the utilitarian approach and its forward-looking perspective. The Court will probably never have an investigation into the circumstances of the death of Cedric 'Doggie' Murray, and the din of the voices of those celebrating his death may be heard for a long time to come. And yet, I cannot but be struck by three things about the life of this young man.
    The first of these was his love and devotion for Christopher 'Dudus' Coke, whom he was willing to call his "father". Is this life just a "crocodile" whom we should kill while still an egg, or is there here a life that was abandoned and which yearned for the love of a father who either abandoned or neglected this life while still an egg? And yet we are so proud to celebrate manhood by the bars and street corners of our society.
    The second thing that strikes me about this young man is that he kept a diary. It has been my experience while functioning in the field of counselling and therapy that persons who keep diaries are among the most creative minds, who have a very deep emotional life, but whose public world is either too painful or restrictive for them to show this dimension of their life to others. Additionally, this young man could write, and wrote with sense and meaning so that even the casual reader can grasp something of the intensity and depth of his inner life.
    Perhaps, if we would pause as a society, step back from the retributive attraction to crime-fighting, and nurture those eggs before they hatch, we may discover that they are not alligators and crocodiles, but human lives created by God and just waiting for the appropriate social environment to blossom and become creative and productive members of society.
    -- Howard Gregory is the Suffragan Bishop of Montego Bay
    THERE IS ONLY ONE ONANDI LOWE!

    "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


    "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

  • #2
    Is capital punishment an effective crime-fighting tool in Jamaica?
    David Mullings
    Sunday, August 22, 2010




    LAST week I wrote about the coming divestments of government entities and there is no doubt that Jamaica's high crime rate hurts foreign direct investment and will impact the pool of potential investors in the entities to be divested.
    The QR code included in this article points to a video posted on YouTube by none other than Al Jazeera that speaks to crime in Jamaica -- not good for our already badly stained international image. We must tackle crime and be seen to be serious about it, otherwise more videos like these will be shown to the world.

    A recent article in the Jamaica Observer indicated that a number of Jamaicans in the Northeast area of the USA (certainly not representative of the entire US by any stretch) support the resumption of hanging in Jamaica.
    As usual, the arguments in support of capital punishment are based entirely on emotional reasons rather than the result of critical thinking and research. Using Twitter and Facebook I posted the title of my column as a question and as expected, I received the same kind of responses.
    1. "IF ppl learn that the THREAT is real; compliance tends to be higher."
    This was a response from a high school classmate of mine that I respect greatly. The fundamental flaw in this reasoning is easy to identify: It actually does not matter if hanging resumes tomorrow in Jamaica because our criminal justice system is in such a bad shape that the odds of actually being caught, tried and then convicted are minuscule.
    Based on a 2010 report that I read, Jamaican police only make arrests in 34 per cent of homicide cases per year and shockingly, a mere five per cent of homicide cases end with conviction of perpetrators!
    Would you be afraid of being punished if you knew the odds of being caught were so low?
    Is there any real surprise then that vigilante justice and extrajudicial killings are so high in Jamaica?
    2. "If the perpetrators of murders continue to feel they will not face a similar fate as their victims they will continue to destroy the country."
    This was a response carried in the Observer article from someone in Brooklyn. Aside from the fact that I have already shown that the odds of the perpetrator ever being convicted are absurdly low in Jamaica, it seems that few people have ever tried to understand how criminals think.
    Criminals in Jamaica obviously know that the odds of being killed by the police are very high and that has never deterred them. In fact, the extrajudicial killings increase while the murder rate increases.
    If killing criminals was an effective crime-fighting tool, why then has the murder rate not trended down as the police kill more people?
    That answer again is simple: Many criminals are not afraid of dying.
    I remember watching a video of an interview with a young man who claimed to be a criminal in one of Jamaica's inner cities. The interviewer asked him if he was not afraid to die and he casually answered by saying that the odds of young men in the ghetto living past 25 are already low, so he might as well enjoy life while he is young.
    When you grow up with nothing, it should not be surprising when you want to live life in the fast lane. US-based Jamaicans tend to have opinions based on what they think of the US criminal justice system, not what they have researched about the system nor what actually exists on the ground in Jamaica.
    The US system is not what Jamaica needs to follow because it has proven to be a failure when compared to other countries around the world in addressing crime. It seems that some resident Jamaicans also look to the USA as a model since there is a belief in some corners that building more prisons like the USA is actually one part of the solution to curtail crime.
    The same week that topic appeared in the papers, The Economist carried a major article titled 'Crime and Punishment in America: Rough Justice' with the subject being "America locks up too many people, some for acts that should not even be criminal". Published on July 22nd, the article pointed out that in the USA, one in every 100 adults is behind bars, a rate that is five times that of Britain, nine times that of Germany and 12 times that of Japan.
    Some people will say that those are different cultures with different values so the comparisons of their incarcerated and crime rates are not fair. Even if we agree to ignore that and only look at the results of the policy in the USA itself, we arrive at a conclusion that supporters usually ignore: "America's violent-crime rate is higher than it was 40 years ago."
    If people can say that building more prisons will curtail crime, even when facts point to no such correlation, what do the facts about capital punishment as a crime deterrent say? Since Jamaicans seem to like the USA as a model for dealing with crime, I point my readers to the New York Times article from September 22, 2000 titled 'States With No Death Penalty Share Lower Homicide Rates'.
    The article pointed out some very interesting findings that all Jamaicans debating the return of capital punishment must take into consideration:
    "10 of the 12 states without capital punishment have homicide rates below the national average, Federal Bureau of Investigation data shows, while half the states with the death penalty have homicide rates above the national average."
    "In a state-by-state analysis, The Times found that during the last 20 years, the homicide rate in states with the death penalty has been 48 per cent to 101 per cent higher than in states without the death penalty."
    It is not surprising that Steven Messner, a criminologist at the State University of New York at Albany, is quoted in the Times article as saying: "Whatever the factors are that affect change in homicide rates, they don't seem to operate differently based on the presence or absence of the death penalty in a state."
    Jamaicans may overwhelmingly support the return of hanging, just like how the majority of Americans support the death penalty, but Warren Buffett was right when he said that "a public opinion poll is no substitute for thought". I would add "and research" to that quote because critical thinking is something we learn in school and should apply to every idea, especially ones that could affect the future of a country.
    Jamaica already kills criminals and that has not reduced the crime rate. It is time that we focus first on CATCHING criminals and then CONVICTING them before we worry about killing even more.
    As long as our criminal justice system is as broken as it is, no one will be afraid of a death penalty because they know that they won't even be caught and convicted. The recent State of Emergency is a perfect example of detaining over 4,000 people and ending with an abysmal number of cases actually brought against anyone.
    I urge all Jamaicans to focus on identifying real solutions to crime and encouraging our Government to take real steps, including finally dealing with the poor relationship between the police and citizens, the lack of witnesses in cases, conditions in which our lawyers and judges have to work and most importantly, the high levels of corruption at all levels of the society.
    It is high time we start using logic and critical thinking to guide national development, instead of opinion polls and emotions.
    Readers may go to www.kaizenadv.com/mobile <http://www.kaizenadv.com/mobile> to download the free application on their smartphone to scan the QR code above.
    You can also follow David Mullings on twitter at twitter.com/davidmullings
    THERE IS ONLY ONE ONANDI LOWE!

    "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


    "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

    Comment


    • #3
      Mr , Mullings is an idiot that hasnt a clue , focus on catching instead of killing and do what , institutionalise them in a prison system that has no course to rehab and release them on bail to wreck havoc or giv them a 10 year sentence to be released and caught again.

      Where is his call for social justice as a deterrent to crime , jobs , housing , food, health care etc ?

      His solution is more of a JFJ one , unrealistic.The pastor put it best a nurturing of the eggs is a better approach but I am sad he didnt dive into the how ?

      Anyway until our gov and our human rights org become serious advocates about the nurturing path, the killing or military approach to the terrorist will continue and it is a realistic one .
      THERE IS ONLY ONE ONANDI LOWE!

      "Good things come out of the garrisons" after his daughter won the 100m Gold For Jamaica.


      "It therefore is useless and pointless, unless it is for share malice and victimisation to arrest and charge a 92-year-old man for such a simple offence. There is nothing morally wrong with this man smoking a spliff; the only thing wrong is that it is still on the law books," said Chevannes.

      Comment

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