Curtailment of individual liberty: Not a crime solution

David Batts, Contributor

"People crushed by law have no hopes but from power. If laws are their enemies, they will be enemies to laws; and those, who have much to hope and nothing to lose, will always be dangerous more or less." Edmund Burke [1777].

Media reports indicate that the Government of Jamaica is shortly to place before Parliament six bills which, when they become law, will represent the key to a new crime-fighting strategy. I do not know what these bills now look like but caution that any crime-fighting strategy premised on the reduction of individual liberty will only underscore the well-entrenched belief among urban ghetto youth that the poor have no rights.

The reduction of liberty as a crime-fighting strategy will lead to alienation and social instability. It will undermine our constitution for the expedient purposes of getting at individuals the police "know" but cannot "prove" are guilty. Arbitrariness and the rule of man instead of the rule of law will result. Injustice will be perceived and no doubt in many cases will be real. Let us not forget that variations of this strategy have been utilised by the Jamaican state since 1865.

The fact is that our law already provides for a plethora of circumstances in which liberties may be curtailed. See Sections 15 (1)(f); Section 15 (5) and Section 50 of the constitution, as well as the Emergency Powers Act and the Emergency (Public Security) Act; also the amendments of 1994 to the Constabulary Force Act.

Without reasonable cause

Jamaican law already allows for detention upon reasonable suspicion. Any proposal to extend the time of detention before judicial intervention must, therefore, be contemplating detention without reasonable suspicion. Such a proposal is premised on the fact that there will be no reasonable cause for the detention and, hence, no justification to place before the court to justify the deprivation of liberty.

If the crisis is such that a suspension of liberty has become necessary (and I doubt this is so), then the appropriate thing for the state to do is to implement the constitutional provisions which will allow for the suspension of all rights. In other words, our constitution provides a mechanism in the public interest for the suspension of rights for the greater good. Not to use this constitutional procedure is to expose Jamaicans to the arbitrary rule of the security forces without the political consensus contemplated by the constitution. Anyone who has paid attention to the abuse of force by the security forces since the 1960s should be concerned if this is attempted.

In a democratic society, the solution does not lie in the removal of the democratic rights of some. Given Jamaica's history, cultural development and the phenomenon of the garrison, all of which I need not detail, the permanent solution if our democratic tradition is to be preserved lies in a mix of approaches. The inefficiency, uncertainty and general inability of our institutions to bring perpetrators to justice has been a catalyst for spiralling crime. On the one hand, persons realise there may be no or little consequence for doing wrong and, on the other hand, the society observes sceptically that agents of the state break the same laws with impunity.

Illegal detention by the police, the net fishing approach to crime solving, beatings in lock-up, extra-judicial killing and the profitable but illegal drug trade have fostered the growth of an underworld with a different value system and little regard for established institutions. Many communities look to this underworld for justice and economic salvation.

The solution I submit cannot be further injustice. The solution must be pragmatic, holistic and be such as to positively impact attitudes and behavioural norms. More, not less, justice and truth is required. It is my opinion that any proposal to abrogate constitutional rights will not fit this bill and will increase, rather than stem, Jamaica's slow slide to anarchy and/or revolutionary dictatorship. I, therefore, put forward a six-point approach to the reduction of Jamaica's crime rate.

First, there has to be reintegration of garrisons and other depressed communities:

This will require a mix of social, political and security force interventions. These communities need to enjoy enhanced police presence and protection by day and night. 'Community policing' is the jargon now used but it means no more or less than that which is expected of the police in a democratic society. Resources must be withdrawn from other areas to allow for sustained policing of these depressed communities. The impact will be threefold:

(i) Displacement of the negative elements which will either freeze or flee.

(ii) It will restore confidence and mutual respect. The police will get to know the members of the community who will come to appreciate that the agents of the state are their servants too.

(iii) Intelligence gathering will be enhanced. Debriefing sessions (weekly) between the cops on the beat and the detectives may yield tremendous benefits.

Reintegration will also require a "lift up Jamaica" type of approach by the social agencies. The zinc fence must go (or be cut in half). Gardens must emerge, open spaces created and each householder made responsible for and, if necessary, given the tools to improve his surroundings. Pathways need to be widened so that garbage can be collected (if necessary under police escort until the situation changes), similarly, mail must be delivered. There needs in all of this to be a total freeze on the growth of squatter communities. The political parties need to speak with one voice in support of the effort.

Second, a firm but fair policing strategy:

The term 'hard-core' policing is now used in contradistinction to 'community policing'. This mindset needs to be adjusted. Jamaica needs good policing. That is policing which is firm but fair. All police officers must be prepared and ready to confront the wrongdoer who offers resistance. All police officers must protect the rights of all citizens, even the wrongdoer, because he too has rights.

It is my view that our Mobile Reserve, as now structured, should be dismantled and those officers assigned to regular policing. Jamaica does, however, need a Rapid Response Unit in the nature of the American SWAT team. A specially trained team of professionals which will be ready at all times, day or night, to respond by land, sea or air whenever called upon by the regular police. This need became evident to me when our security forces took several hours to respond adequately to outbreaks of violence in 100 Man Lane and in Mountain View some years ago. This is not good enough if the armed gangs are to be successfully confronted. I proposed in a speech to Rotary in 2005 that this rapid response unit be created using elements of the military, perhaps volunteers from the 2nd Battalion.

Approximately 900 men/women should comprise this unit which would be deployed at strategic locations across the island and operate on rotational shifts. They will spend their time training, scenario planning and be equipped with detailed maps, aircraft lift capacity and armoured personnel carriers, the aim being to have a response time of 30 minutes or less to flashpoints anywhere in Jamaica. The gunman who challenges the police must know that an effective and professional response will be the result.

Further, our uniformed patrol officers should be scientifically deployed. A group of six patrol officers walking together in the plaza at Half-Way Tree is not as efficient as groups of two spread over a larger area but in radio contact. Beat officers should be regularly debriefed on a scheduled basis by detectives. Similarly, patrol cars strategically positioned can shorten response times and cover larger areas than deployment from police stations. Each police radio car should be monitored by GPS technology. The policing strategy needs to involve increased detection, surveillance, under cover and forensic methodologies.

Third, there needs to be offender rehabilitation and reintegration:

It stands to reason that if we have full prisons and if most offenders repeat, crime will escalate. Our failure to invest heavily in prisoner reform has been a major cause of spiralling crime. Incarceration should not mean dehumanisation. On the contrary, it should be about rehumanising. The aim should be to cause each ex-convict to leave equipped with a trade, even if he never leaves to be able to spend time productively. The details on these initiatives I will leave to the experts. Also, a social intervention strategy needs to be designed and implemented with respect to the many criminal deportees received from the United States each year.

Fourth, an effective system of justice:

Persons accused of crime must know that justice will be sure and swift. Delay will mean injustice to the accused (as well as to the victims). There needs to be a comprehensive (not piece-meal) implementation of the many reports and recommendations.

The fifth point is that we need to create an environment for economic freedom and opportunity:

The state should seek by administrative changes to open the doors of opportunity. The young man with an idea, whether it be to raise chickens or build bridges, should have access to capital. The man who owns a car and needs a PPV licence should not or be made to feel that the process is designed only to frustrate this venture. Standards there must be but these should be clear to all and applied equally. In short, a way needs to be found so that the energy and ideas of our youth in the many churches, youth clubs and community organisations can be channelled into and given free expression in economically beneficial activities and programmes.

The sixth and final point has to do with values and attitudes:

The wrong message is sent when youngsters in a community see that even in death it is the 'don man' to whom the political leaders pay respect. Our politicians must recognise that the basic school teacher and the local shopkeeper rather than the enforcers are the models to uphold. The citizenry, particularly at election time, need to be reminded of certain values - speech, conduct, attire, fair day's wage for a fair day's work, among other things. In this regard, also civics and one's role as a citizen should be a compulsory course of study at all levels of the educational system.

David G. Batts is an attorney at law. Feedback may be sent to columns@gleanerjm.com