Understanding the Law
May 9, 2014

Prevention is better than cure

It is the wish and hope of every society for crimes to be eradicated. Burglary and robbery have become a way of life for some persons. Since many of those caught are repeat offenders, it would be better for society if we focus on the offenders, with a view to reforming them through education. In this way, crimes would be prevented and our prison population would be vastly reduced. It would be great for our peace of mind and, by extension, for our society, if there were no crimes.{{more}}

Who is the offender?

Some years ago, a man of 40 years appeared before the Court of Appeal to appeal his conviction and sentence for robbery. The Chief Justice of the Eastern Caribbean, Sir Dennis Byron, thought it was unusual for a person of that age to appear before the court charged with the crime of robbery and, as he noted, most offenders before the court for robbery were persons between the ages of 16 years and 25 years. He opined that persons who commit robbery usually settle down by the age of 30 years. Besides the age group factor, from our own observations and from the statistics, most offenders are also males.

The prison population is indicative of the type of offenders, but there are offenders who, because of judges’ discretion and the system of mitigation, may be put on bond and have to report to police stations periodically. It is not unusual for first timers to be given a second chance.

Our male population

Since most of the offenders are males between the ages of 16 and 25 years we need to focus on that group and make sure that our males are not initiated into crimes and that those who are already offenders are reformed. It is hoped that with a different approach to education and opportunities to stay in school longer, males would be kept out of crimes. It may require the strengthening of the counselling and guidance department in schools.

In this modern age, it is very difficult for the young people to resist the temptations. They are bombarded on all sides with the lifestyles of the well-offs and the invitations to become consumers of electronic items. Very often, they are also persuaded by the desire for immediate gratification. They must have the smart phone, an ipod at any cost. And if they cannot have these from their parents, they must get it elsewhere. There are those, too, who have become dependent on drugs and must satisfy their addiction by stealing.

We, therefore, have to improve lives in a meaningful way, so that our young people would not turn to a life of crime. As I mentioned in an article some time ago, scientists have not isolated a criminal gene and there is a general belief that crime is cultural and not biological. John Lea and Jock Young, in What is to be done about Law and Order (1984), developed an approach to explaining criminality, in which they described crime as rooted in social conditions and especially in deprivation. One other social scientist insists that poverty is not a cause of crime because old people do not commit crimes.

This is a small country of 150 square miles and a population of 110,000. We know one another or a relative of the other person. Why then are there so many crimes? We need to reach our young people before they become offenders. The bottom line is that young males should be directed into productive endeavours, because persons with steady jobs rarely end up in jail for burglary and robbery.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com