Latest update December 3rd, 2024 1:00 AM
Kaieteur News- Guyanese are concerned about crime, harbour considerable fears for their safety. They are also concerned by what can be interpreted as the inconsistent nature of the punishments handed out to those found guilty of criminal conduct, especially ones involving violence and firearms. Punishments for serious crimes appear to be more than inconsistent, with words like erratic and inexplicable coming to mind, as there can be wide swings in the sentences meted out to different perpetrators for similar crimes.
When we speak of serious crimes, the focus is on murder, rape, arson, robbery under arms, and felonies of that same frightening kind. The Guyana Police Force’s serious crime resolution rate has been on the rise in recent times, and we commend this vital protective institution for this record. Nonetheless, there are too many cases where serious crimes have been committed, felons charged, only for when they appear before the courts, cases falling apart for various reasons.
Insufficiency of evidence and sloppy preparation work among other concerns, have led to some accused being set free by the courts. The worry is that we usually never hear again of someone else being charged for that crime committed, where a citizen may have been murdered. This means one of two things, with first the guilty walking scot-free due to poor case preparation, or those who have never being charged roaming around at will in society without so much as a touch of the long arm of the law interfering with their freedom.
In terms of actual sentencing, some found guilty have been sentenced to life imprisonment, while some have been slapped with sentences that are still considerable, but decades less. This just does not make sense, notwithstanding the facts of surrounding circumstances, such as remorse, first time offender, helpful probation report, and so on. We appreciate as well as the next person that each case has its own peculiar set of circumstances, and all of those could weigh heavily in the mind of a judge faced with the hard duty of deciding what punishment is appropriate to the crime, none like those ones that manifested a particular savagery and reckless disregard for life and limb.
Still, it is never less than baffling that one convicted murderer could be sentenced to the rest of his life in jail, while another, involved in what society perceives as no less wanton and callous and dreadful, is slapped with a sentence of 20 to 30 years. Again, we are aware of the discretion that judges have in sentencing, and some of them have chalked up records that indicate a willingness to utilize to the maximum. The anxieties come to the surface when observers believe that too much leniency has been extended to the convicted. Most of the time, the only one concerned about a sentence that is too harsh is the convict, who wastes no time crying out about it being overly excessive.
The reality is that there are many in Guyanese society, who believe, that some murderers, if not all of them, should be flogged, and put away for life, with no opportunity for parole. Those who kill or maim during the commission of violent home invasions are not favored with any sympathy; citizens are comfortable with them being locked up for good. However, there is another reality that has to be faced. Corruption is not limited to politics and within the public service realms, but touches every corner and level of local society. There are considerable amounts of money available to buy justice, to delay justice, or to dilute justice. Sources can be from domestic business transactions of any kind, or from relatives who are overseas based. Such funding sources have long been perceived to tamper with the scales of justice, including in such crimes as rape, violence against women, and others of a like heinous nature.
Though no aspersions are cast in any direction, this pregnant consideration hangs in Guyanese society. Given concerns about disparity in punishment, there should be consideration of limiting discretion to a narrow range of offences, and with mandatory sentences as the standard for first degree felonies. In this way there could be consistency in something that has long troubled local society.
(Sentencing criminals)
Dec 03, 2024
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