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The criminals and the system

Dec 15, 2011 Editorial

 

The police are reporting a drop in serious crimes but they are also saying that most Guyanese are contributing to the crime situation. And they may have something to their credit because many of the crimes stem from the fact that people have large sums of money around.
Criminals more often than not seek out targets that have large sums of money around. We have said ad infinitum that Guyana is a paper economy and that there are people who believe that they are saving money by avoiding paying taxes. They hide their money in their homes rather than in a bank. The criminals know this and make hay while the sun shines.
The police say that they have their work cut out for them because people would simply not take the necessary care. They do not use the services of bank transfers nor do they avail themselves of the many banking features.
In Berbice, the crimes are often caused by opportunity. Indeed, people need to enjoy their freedom. They should be allowed to relax in comfort and because of the manner in which the homes are constructed, people would often leave their front doors open. Criminals on the prowl simply invade these homes early in the night, regardless of whether there is money there.
The police are not able to properly patrol Berbice so more often than not the criminals manage to evade capture. Sometimes the community fails to provide the necessary assistance. People are often overheard to say that they are afraid of retaliation.
But there is a larger problem. It rests with the courts and the administration. The number of repeat offenders tell a story of the failed justice system. The police often work hard to make an arrest and then to prosecute the suspect.
There is a horrendous delay in the justice system and with the prison system bursting at the seams more often than not, there is no option to grant bail to people who commit crimes that attract bail. It is here that the administration must take a close look at what operates. It is for the administration to protect the society.
We have spent money on many things, even on police stations and on increased police patrols. These things are designed to nab criminals but the system fails after that. The criminals are in hand and the system cannot hold them.
Crime Chief Seelall Persaud recently lamented that a known armed robber is currently before the courts for three separate armed robberies that netted him millions of dollars. In some countries there is a three-strike rule. A strike is a baseball term for a missed opportunity. Three strikes and you are out.
A person may escape jail time for the first and second offences. On the third offence the person is sent to jail for a long time, sometimes long enough to compensate for the three jail terms had he been sentenced from the onset.
Guyana would see a radical decline in repeat offences if the three strike law is applied. That is the responsibility of the administration. On the third offence the offender would know that bail is out of the question.
At present, lawyers would argue that there is nothing in the legislation to preclude a suspect from being granted bail once he commits a crime that attracts bail. For years, the police have been complaining about arresting the same person for similar crimes over and over again. It is enough to make the criminal laugh at the law enforcement officers. And perhaps he does.
We often talk about putting criminals away but the justice system is so porous that it actually fuels criminal behaviour. Smart lawyers make a hash of police prosecutors much to the advantage of the criminal.
Indeed, there is a justice improvement programme that would put trained prosecutors in the courts. The resources are there. Many people who graduate from the University of Guyana Law programme but who cannot go to Hugh Wooding law School for the Certificate of Legal Education can be made to work in the system. Instead many are among the ranks of the unemployed while the system leaks.

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