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Infanticide — the cardinal crime
Trelawny farmer Kenville Mullings with his two daughters and their motherKelly-Ann Smith. The farmer killed his daughters then took his own life onFebruary 26. (Photo: Kenroy Pringle)
Columns
Anthony GOMES  
March 5, 2013

Infanticide — the cardinal crime

Children are a gift from the Lord (Psalm 127). That they should be slaughtered like animals, is a crime worthy of capital punishment. Somewhere along the first 50 years of independence, we have lost our compass and opened the flood gates of degradation accompanied by the blitz of crime and violence unleashed upon the nation.

As the laws which govern the behaviour of society fall like dominoes in the name of “freedom”, so the increase in unacceptable violence against the person has risen to a deplorable level. Abandon execution that is enshrined in the Constitution, remove corporal punishment as a penalty for indiscipline, terminate flogging deserved in cases of rape, are some of the so-called redundant laws being sacrificed on the altar of political popularity under the guise of being a civilised Christian society.

The present escalation in brutal homicides has stunned the nation especially to do with young children. Despite the implementation of numerous remedial plans, together with stated assurances for a reduction in the number of murders, the crime situation has barrelled out of control, setting a shameful total of 1,400 deaths in 2007. This number indicates the reality that the absence of the death penalty has not contributed to reducing homicides. On the contrary, it could be argued that criminals, realising the remote possibility of capture and without the fear of execution if caught, might well be emboldened to wreak even greater havoc on the society which is now occurring.

Too often we hear voices raised in defence of the aggressors without equal concern for their victims. There are repeated calls for the perpetrators to be allowed to forego the penalties prescribed under the domestic law, which includes capital punishment. We are led to believe that the preservation of the aggressor’s life outweighs the loss, anguish and grief of the lifeless victim’s immediate circle of dependents and relatives. It is this apparent bias that gives rise to the difference of opinion with the human rights activists.

Can we still refer to ourselves as a civil Christian society, where despicable crimes are committed on a daily basis that has earned Jamaica the unenviable reputation as having one of the highest national murder rates in the world? Opening the newspapers each day causes many readers to “hold their breath” before being presented with yesterday’s multiple slayings described in graphic detail. Our outrage is shortlived because we have become numbed by the barrage of such shocking daily events that the majority simply say a prayer and move on to the rest of the news. However, public attention is sharply drawn up when killings become more barbaric with beheading, dismemberment and the cardinal crime, the murder of young children.

Unlike abortion, which is carried out in relative secrecy, the recent cut throat killing of two young children is very much “in your face”, and whose father took his life as he would probably have been executed by the community. The frustration of our policemen and women is evident by the number of recent killings in the line of duty. To risk their lives in attempting to capture those with “smoking guns” has become too dangerous as seen by the high casualty rate in the JCF in recent times.

Some years ago, the domestic laws was reconfigured to distinguish between the varying degrees of gravity related to cases deserving of capital punishment and others warranting prison sentences. Since it was no longer mandated that murder should carry a sentence of execution, fewer death sentences have been handed down by the bench. It should be explained that judges pass a sentence according to the law and is appropriate to the determination of the jury. In cases of premeditated murder, the guilty verdict would probably warrant the death penalty unless there were extenuating circumstances. Charges of manslaughter such as “crimes of passion”, should receive varying terms of imprisonment if the accused is found guilty. The recurring speculation that the death penalty is not a deterrent to murder is technically inaccurate, as at the minimum it deters one guilty person. Conversely, neither is the absence of capital punishment shown to be an incentive for aggressors to desist from fatal violent behaviour.

The fact is that the State ignores the Constitution, and tolerates such outrageous behaviour is said to be due to a degree of acquiescence related to the demands of donor countries. It is high time that the services of the UK Privy Council were discontinued, and the Caribbean Court of Justice (CCJ) adopted as the final court of appeal with the mandate to administer Caribbean jurisprudence that is more compatible with the characteristics especially mental and moral, of the heinous crimes that are increasing and plaguing our society.

A fundamental cause of the crisis is the breakdown of the family unit and the rise of promiscuity, particularly among young people who harbour an irresponsible attitude towards sexual activity. Exceptions to the rule are Jamaican athletes who by their disciplined approach to sport, have excelled not only in the eyes of their peers, but also with the admiration of the world setting an outstanding example for others of their countrymen and women to emulate.

Weak law enforcement has for sometime hindered the country’s development and social welfare. The government needs to be attentive to this critical deficiency, for “to reject the law is to praise the wicked; to obey the wicked is to fight them”. (Proverbs: 28:4)

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