Dear Editor,

The law was once famously described by a former prime minister as “a tool of social engineering”, but just how effective have we been at using this tool to build a better Jamaican society?

The legal rights of children born out of wedlock in Jamaica were recognised with the passage of the Status of Children Act (SCA) in the 1970s, heralding a shift in Jamaican culture, particularly with the major reduction of the stigma attached to these children.

A Gleaner report referencing statistics from the Registrar General Department (RGD) stated that five of every six births in Jamaica in 2009 were to unwed mothers. While correlation does not equal causation, it can be argued that less parents would intentionally have children outside of marriage if the child would not have the significant legal protections the SCA provided. This is merely an example of how the law, arguably, directly affects social norms and outcomes.

Much has been made recently of Member of Parliament (MP) Heroy Clarke’s proposal for the passage of a law that makes DNA testing at the birth of a child mandatory. Ostensibly, this law is to combat paternity fraud, which, owing to its prevalence in Jamaican society, can be said to be a part of our culture. However, as I’m sure most would agree, not all aspects of our culture are positive.

Paternity fraud in particular is a crime that has dire consequences for not just the unsuspecting ‘father’ and how he will allocate his financial and emotional resources but also his psychcological well-being should he discover the truth. It also usually wreaks havoc in the innocent child’s life when, as we say in Jamaica, ‘story come to bump’. I do believe that this law would be a good step in ‘engineering’ Jamaicans towards being more discrete with their sexual activities and preventing paternity fraud and its resulting ills.

There is a school of thought that the penalties imposed for breaking laws serve not only as punishment but as a deterrent to potential offenders. This element of deterrence would qualify as social engineering. An example of this thinking was the amendment of the Firearms Act to include a lengthy mandatory minimum sentence for illegal possession of a firearm as a response to the high incidence of murder and violent acts committed using illegal guns. Another instance is the passage of the new Road Traffic Act and its significantly increased fines for breaches as an attempt to discourage motorists from committing traffic offences, which are rampant on Jamaican roads and often lead to death or injury. Motorists will think twice before speeding or recklessly overtaking, knowing that if they get caught the fine will be hefty.

Now let us assess the penalties prescribed in law for some petty crimes like littering or breaches of the Noise Abatement Act. While these offences are not as grave as those aforementioned, they are prevalent, and many people commit them with wanton impunity. Stiffer penalties and stricter enforcement of the laws can help to create a more positive culture and social norms in Jamaica.

Payton Patterson

paytonpatterson97@gmail.com