Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Business Bites
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup
      • Olympics
      • #
    • Videos
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obits
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
    • Business Bites
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • Videos
  • Career & Education
  • Classifieds
  • All Woman
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Design Week
Increase the maximum, not the mandatory minimum
Individuals are more likely to plead guilty if there is room for negotiation.
Letters
May 7, 2024

Increase the maximum, not the mandatory minimum

Dear Editor,

Since the Government announced its intention to impose much harsher penalties on individuals convicted of murder, there has been fiery debate in the House of Parliament, with an equally resounding approval from the wider society.

Whilst the latter is understandable, given our high crime rates, I urge the public and the Government to reconsider what these mandatory sentences really mean as well as whether they will truly result in a reduction in crime, particularly murder.

Currently, as per Section 2 of The Offences Against The Persons Act, for capital murder, which includes murder of officials whilst in the furtherance of their duties; murder of witnesses in cases; murder committed during a sexual offence, burglary, arson; murder for hire etc, the current sentence is either death or life imprisonment without parole. The reality being that people so convicted oftentimes serve sentences of about 15-20 years and are then released, particularly in circumstances of what the parole body considers ‘good behaviour’.

The suggested amendment is for the sentence to remain death or life imprisonment. But if life imprisonment is imposed, that the sentence should be a minimum 50 years before consideration for parole.

For non-capital murder, the current penalty is life imprisonment or a fixed term of imprisonment. When a life sentence is imposed, the offender must serve at least 15 years before consideration for parole. For a fixed-term sentence, at least 10 years must be served. The suggested amendment is that for a life sentence the convicted killer must serve at least 40 years before being eligible for parole. If a fixed term of imprisonment is imposed, it must not be less than 30 years, but they must serve at least 20 years before becoming eligible for parole.

If these amendments are imposed, the obvious result is a removal of the usual discretion of the judges.

Jamaica is tethering dangerously close to offending the doctrine of separation of powers on which our governance rests based on this thrust to implement the new amendments. The issue lies in the fact that these penalties are absolute, which takes the discretion out of the hands of the judges.

Unlike that which most people operating outside the justice system believe, this discretion isn’t to allow people “fi get weh wid murder”, literally and figuratively; instead, what it allows is for the nuances of each case to be examined and treated accordingly.

Take for instance a situation in which a mother alerts school administrators that her son has been beaten by schoolmates on numerous occasions. Now, without inciting violence, the reality is the young man, in circumstances like these, can reach a breaking point and defend himself against these attacks. If this results in a homicide, are we comfortable forcing the court to impose a minimum sentence of 20 or 30 years on this young man?

A reasonable and well-thinking person would say no. The fact is, in a society as emotionally charged as ours, these types of possibilities and similar scenarios are endless. It is my view that the harsh and mandatory sentences being proposed would not be appropriate for such circumstances

It is noted that Minister of Justice Delroy Chuck indicated that the prosecution and defence would still have The Criminal Justice (Plea Negotiations and Agreement) Act, which allows for negotiation concerning sentences in which an offender pleads guilty. However, the two together cannot stand. We have seen the difficulty in this with the new Firearms Act, 2023. When Parliament makes these amendments to statutes in which strict penalties are stated, in the execution of their duties, both the prosecution and defence operate within its remit. Without the amended Acts speaking specifically to an authority that allows them to do otherwise, they just don’t.

One of the Acts proposed to be amended in this raft of changes is the Child Care and Protection Act. With the proposed changes for capital murder, a child 14 to 17 can’t be sentenced to death but could be sentenced to life imprisonment or a fixed term of 50 years and must serve at least 20 years before being considered for parole. When a child 14 to 17 years has committed non-capital murder, they can be sentenced to a term of not less than 30 years and must serve at least 15 years before being considered for parole.

It is my view that crimes committed by children must be left open to be treated with the intervention of counsellors, probation officers, social workers, and the members of the judiciary directly involved.

Children of this age group have been scientifically proven to not be cognitively mature enough to make certain decisions. Many such children are operating in a space that these amendments mean nothing to them until they find themselves on the wrong side of the law. In other words, it won’t be a deterrent.

Oftentimes their crimes are in the moment and not well thought out, a prime example being the number of killings from school fights in recent months and weeks.

Imposing mandatory penalties in the area of murders when we have a high number of cases can only serve to create further backlog. If an accused has no room to negotiate, then there is no incentive for him/her to enter a guilty plea; the odds are that they will take their chances in a trial. It, therefore, means that the proposed amendments would amount to a step back and not forward.

The Government is urged to consider increasing the maximum penalties for the offences rather than increasing mandatory times.

 

Patrice Riley

Attorney-at-law

patricerileylaw@gmail.com

{"xml":"xml"}{"jamaica-observer":"Jamaica Observer"}
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Three sisters drowned in sea in joint suicide — UK coroner
International News, Latest News
Three sisters drowned in sea in joint suicide — UK coroner
October 8, 2026
LONDON, United Kingdom (AFP) — Three British sisters who drowned in the sea in southern England in May died by suicide, a coroner ruled on Thursday at...
{"jamaica-observer":"Jamaica Observer"}
Issa calls for serious Brand Jamaica focus
Latest News, News
Issa calls for serious Brand Jamaica focus
October 8, 2026
KINGSTON, Jamaica — Jamaican businessman and hotelier Christopher Issa has called for renewed national focus on Brand Jamaica, saying the country’s ex...
{"jamaica-observer":"Jamaica Observer"}
STETHS open title defence with 3-0 win over Maggotty
Latest News, Sports
STETHS open title defence with 3-0 win over Maggotty
October 7, 2026
ST ELIZABETH, Jamaica — Defending champions St Elizabeth Technical (STETHS) opened their ISSA daCosta Cup title defence with a 3-0 win over Maggotty H...
{"jamaica-observer":"Jamaica Observer"}
Jamaica’s Webster among Best XI for Concacaf Nations League group stage
Latest News, Sports
Jamaica’s Webster among Best XI for Concacaf Nations League group stage
October 7, 2026
Jamaican defender Ronaldo Webster is the lone Reggae Boy named to the Best XI for the recently concluded group stage of the Concacaf Nations League A....
{"jamaica-observer":"Jamaica Observer"}
Gas prices down $0.25, diesel up $3.38
Latest News
Gas prices down $0.25, diesel up $3.38
October 7, 2026
KINGSTON, Jamaica — Motorists should see a decrease at the pumps in the price of gasoline effective Thursday, October 7, according to the latest ex-re...
{"jamaica-observer":"Jamaica Observer"}
Teen motorcyclist killed in Oracabessa crash
Latest News, News
Teen motorcyclist killed in Oracabessa crash
October 7, 2026
ST MARY, Jamaica — A St Mary community is in mourning following a fatal collision that claimed the life of a 17-year-old boy on Tuesday. The deceased ...
{"jamaica-observer":"Jamaica Observer"}
Forex: $159.78 to one US dollar
Latest News
Forex: $159.78 to one US dollar
October 7, 2026
KINGSTON, Jamaica — The United States (US) dollar on Wednesday, October 7, ended trading at $159.78, up 12 cents, according to the Bank of Jamaica’s d...
{"jamaica-observer":"Jamaica Observer"}
Police constable offered $1m bail on murder, shooting charges
Latest News, News
Police constable offered $1m bail on murder, shooting charges
October 7, 2026
KINGSTON, Jamaica — A police constable was on Wednesday offered bail on murder and shooting charges in the St James Parish Circuit Court arising from ...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct