No hanging, Chuck!

JUSTICE MINISTER Delroy Chuck is not about to see anyone hanged. Even though he wants to send a signal to the criminals who are wreaking havoc in society, Mr Chuck has declared that he is against the death penalty.

So when Delroy Chuck rises in the House of Representatives to debate crime and appropriate penalties, it is simply arrant waste of time for any member of the House to try and change his stance. Former National Security Minister Robert Montague is totally wasting his breath by urging his colleague, sotto voce or otherwise, to “hang them”.

Mr Chuck was opening the debate on the report by the Joint Select Committee (JSC) of Parliament after its review of various pieces of legislation relating to the administration of criminal justice, when Mr Montague reportedly started urging hanging. There are about 40 people currently on death row in Jamaica and the last hanging took place in 1998.

Parliament’s moratorium on the death penalty following the landmark Pratt and Morgan UK Privy Council ruling in 1993 was eventually lifted in 2009. However, it is not expected that hanging will be carried out any time soon.

Close to three quarters of the world, that is more than 110 countries, have abandoned the death penalty in law or practice. Yet in 2023, there was an increase of 53 per cent more executions worldwide. This means there are countries including Singapore, China, Japan and the United States which continue to administer the ultimate punishment.

What really are the principles for sentencing a person found guilty of a crime? The classical principles of sentencing which were identified by the Jamaican courts more than 40 years ago are “retribution, deterrence, prevention and rehabilitation”.

For too long members of the public have argued that the punishment meted out to criminals does not fit their crimes nor telegraph to these offenders the extent of the harm they have rendered to victims and their families, and the wider community. While clamouring for harsher punishment, especially when there is outrage over brutal killings, many have called for the return of hanging.

COMPLEX PROPOSITION

But as we have observed, sentencing can be a complex proposition and many factors have to be considered. But with escalating murders, an increasing gun-for-hire option, scamming, fraud, and other criminal activities, there is a growing feeling that more must be done to send a message.

One of the recommendations of the JSC is that the sentence for capital murder remain death or life imprisonment and, where the latter is imposed, a minimum of 50 years be served before parole can be considered.

On the face of it, to be locked up for 50 years and deprived of one’s liberty is as close to a death sentence as one could get. It also means the already stretched prison facilities will crack at the seams with inmates until the promised new prison is built.

The ongoing debate in Gordon House is essential for sentencing guidelines have to be constantly reviewed and updated. We submit that some hard thinking is necessary to agree on alternate ways of punishing offenders and serving society.

For example, how is the “hard labour” component in prison sentences administered these days? Could inmates sentenced to hard labour be put to work on cleaning up Kingston Harbour and surrounding beaches? Could hard labour include clearing and beautifying public spaces like parks. For one thing, the convict may cringe at the fact that someone from his community may recognise him, perhaps a teacher, a church member, a relative, a sibling, a child and this may have the greatest deterrent effect on him.

This debate is one to watch for the only good outcome is justice for the victims and their families, reduced chances of re-offending and making our country safer.

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