The Minister of Justice, Delroy Chuck, is defending the decision of the Government to push for a mandatory minimum sentence of 50 years for capital murder.

Chuck, while delivering a prepared statement before the Joint Select Committee of the Parliament examining the Criminal Justice (Administration) (Amendment) Act, 2023; The Offences Against the Person (Amendment) Act, 2023; and The Child Care and Protection (Amendment) Act, 2023, argued that the legislature must send a strong message to convicted murderers.

He acknowledged that sentencing is primarily the jurisdiction of the judiciary, and rightfully so, as judges are able to assess each case on its merit while balancing aggravating and mitigating factors.

“However, the legislature as the law-making body cannot avoid the responsibility and authority to declare policies and guidelines to reflect society’s overall demand, hope and expectations that penalties should reflect the feeling, repugnance and disgust that the society, victims and their families feel for violent criminals, especially convicted murderers,” Chuck said.

“If the sentence of the court fails to meet the denunciatory impulse of the victim’s families and friends, the usual and unfortunate response is to take revenge and reprisal action on the criminal and on his family. In fact, revenge and reprisal killings constitute a major and significant number of the killings across our country over the past decades, especially those emerging from gang conflicts,” Chuck added.

The justice minister said this cycle of violence, revenge, reprisal and retaliation must cease.

“One measure to do so is to apprehend, charge, convict and lock away criminals for long, exceptionally long, periods,” he remarked.

Chuck told the committee that the policy of the government is to send the strongest signal to potential killers that their hideous and dastardly acts will be punished severely.

Said Chuck: “Violence and murders have damaged the Jamaican society, and they continue to cause pain and suffering to far too many citizens across Jamaica. Murderers have undermined the integrity and well-being of homes, families, communities and the nation. A court sentence must appropriately express the anger, revulsion and the sentiments of the society”.

Chuck argued that when killings occur, the families and friends of the victims feel strongly that the killers having deprived their loved ones of their lives should not be allowed to enjoy their lives in a free society.

“The victims’ families feel strongly that the killer should spend a very long time incarcerated to match the seriousness and severity of the offence committed. If the truth be told, many want the death penalty to be imposed,” he said.

The minister pointed out that the death penalty was still an available sentence for capital murder while telling the committee that the proposed alternative sentence for capital murder is life imprisonment with a minimum mandatory period of 50 years imprisonment before consideration for parole.

“In really heinous cases, judges have imposed life imprisonment without the opportunity for parole, and there are many who feel that this should be the appropriate sentence for capital murders,” he noted.

Chuck said that with respect to non-capital murders, life imprisonment is still an appropriate sentence even though parole may be available after a minimum mandatory period of imprisonment.

“The Bill before us has proposed a higher minimum mandatory period of incarceration before one is eligible for parole,” he said.