Ending the death penalty
thenassauguardian editorial
Execution remains the most severe punishment prescribed by the state for the crimes of murder and treason. The punishment of death is regularly issued in The Bahamas against those who commit murder. Treason prosecutions are virtually non-existent.
Despite the regularity of the issuance of the death sentence, executions are uncommon. There has not been a hanging in The Bahamas since David Mitchell was executed on January 6, 2000.
In the 1993 Pratt and Morgan ruling, Her Majesty’s Privy Council ruled that it would be cruel and inhuman to execute a murder convict more than five years after the death sentence was issued.
This ruling slowed the execution process. Murder trials take a long time to come up in this country and the appeals process after the death sentence is issued also takes years.
The country hanged 50 men since 1929, according to records kept at Her Majesty's Prison. Thirteen were hanged under the 25-year rule of the Pindling government (1967-1992); five of them were hanged under the first two Ingraham administrations (1992-2002); and the remainder were executed between 1929 and 1967.
In 2006, the Privy Council also issued a ruling stating that the section of the Penal Code requiring a sentence of death be passed on any defendant convicted of murder "should be construed as imposing a discretionary and not a mandatory sentence of death."
Five years after the first murder convict was sentenced to hang by a judge, using her discretion (then Supreme Court Justice Anita Allen), it appears that Maxo Tido will never be executed for the gruesome murder of a teenage girl.
His appeal against his conviction and sentence was scheduled to be heard by the Privy Council yesterday.
He was convicted on March 20, 2006 of the 2002 murder of 16-year-old Donnell Conover. In 12 days, it will be five years since Tido was sentenced to death and his matter was yesterday still in court.
The government has acknowledged that hangings are unlikely considering the five-year rule and the amount of time it takes for the appeals process to take place. However, despite this acknowledgment, capital punishment remains the legal punishment.
This commentary is not intended to offer an opinion on whether or not capital punishment is a fair or reasonable punishment. We have expressed our views on capital punishment in another editorial in this paper and remain steadfast that capital punishment is not an appropriate remedy. It serves no useful purpose.
What is clear is that even though it is the law of the land, it is virtually impossible for the death sentence to be carried out. Appeals against the sentence add to the backlog of cases before various courts. If the five-year rule remains, we need to end the death penalty for practical reasons.
The appeals waste time and money.
Anecdotally, the majority of Bahamians appear in favor of executions. This includes many of the powerful and vocal Christian clerics. Successive governments, it seems, fear even raising the issue of ending the death penalty.
As we all consider ways to reduce the number of matters before the court in order to make the criminal justice system more efficient, we must put this issue up for debate. Emotionalism is useless. The facts are the facts. Hangings, though desired by many, are unlikely to occur.
We must now at least start the discussion of the post-hanging period in The Bahamas. New laws are needed creating categories of murder. A proper definition of life in prison must also be brought forward along with a proper system of parole.
These are the issues that need to be debated when it comes to dealing with those who murder.
As long as the Privy Council rule remains in effect, murderers will appeal and appeal until the time for execution has past.
We must be realistic and accept that the days of execution in The Bahamas are over. Our laws ought to reflect this reality.
3/8/2011
thenassauguardian editorial
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Showing posts with label Bahamas Penal Code. Show all posts
Showing posts with label Bahamas Penal Code. Show all posts
Thursday, March 10, 2011
Saturday, April 17, 2010
Attorney General John Delaney says bail changes necessary
AG says bail changes necessary
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
An amendment to the Bail Act that would further restrict the right to bail for people charged with serious crimes and limit the circumstances under which bail may be granted is "extremely important", according to Attorney General John Delaney.
He acknowledged that a growing number of people on bail are allegedly committing other crimes.
But Delaney yesterday declined to provide any bail figures. At last count in 2009, the number of murder suspects on bail was more than 100, according to Minister of National Security Tommy Turnquest.
Delaney said, "As far as the AG's office is concerned, we are a part of the criminal justice system. We're only one part, but we consider the prosecution part to be a very important part. And we want to ensure, having regard to the needs of the Bahamian people, and their concern about the fact that after persons are charged — albeit they're innocent until proven guilty and albeit there is a need for trials to be tried within a reasonable period of time — that with the fact that there appears to be a number of persons that are already charged that are being released on bail and they are alleged to having committed other offenses and therefore being charged again.
"So the important thing is the government must respond to that."
The government's statement that it intends to amend the Bail Act drew applause as it was read on Wednesday morning.
Delaney pointed out that while the government will bring the legislation, that is as far as it can go.
"As far as the granting of bail is concerned, that's not something within the prosecution's [power]," said Delaney. "That's something for the judiciary — the judges. They would fairly exercise their discretion and make decisions. Now the question is how should the legislature represent the people. Should they look at the circumstances under which bail is granted and narrow that to be responsive to the pressing concerns of the Bahamian people while of course ensuring that substantial fairness is done with respect to the rights of the individual?"
The government also intends to introduce legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code, repeal and replace the existing Magistrates Court Act and introduce a new Coroners Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Delaney said all of the changes are necessary.
"With respect to the Magistrates Act, believe it or not, most of our cases are resolved at that first tier of the justice system," he said. "Then the second busiest tier is the Supreme Court and then you have the Court of Appeal, which is far less, then the Privy Council which is less still. So when we concentrate on the magistrate's court we are concentrating on the level that impacts the great majority of cases that our system generates."
He admitted that as it stands now, the magistrate's court is "not the most efficient system".
"We're looking at it to make sure the system is more efficient. So that's our burden, to try and improve things," the attorney general said.
As it relates to the Penal Code, Delaney said some of the offenses are "trapped in the last century."
Overall, Delaney said while the government's legislative agenda is very aggressive, the attorney general's office is satisfied with the upcoming changes.
"Our office will be extremely busy but we're very excited about it," he said. "And we're looking forward to getting these bills to Parliament."
April 16 2010
thenassauguardian
By Krystel Rolle ~ Guardian Staff Reporter ~ krystel@nasguard.com:
An amendment to the Bail Act that would further restrict the right to bail for people charged with serious crimes and limit the circumstances under which bail may be granted is "extremely important", according to Attorney General John Delaney.
He acknowledged that a growing number of people on bail are allegedly committing other crimes.
But Delaney yesterday declined to provide any bail figures. At last count in 2009, the number of murder suspects on bail was more than 100, according to Minister of National Security Tommy Turnquest.
Delaney said, "As far as the AG's office is concerned, we are a part of the criminal justice system. We're only one part, but we consider the prosecution part to be a very important part. And we want to ensure, having regard to the needs of the Bahamian people, and their concern about the fact that after persons are charged — albeit they're innocent until proven guilty and albeit there is a need for trials to be tried within a reasonable period of time — that with the fact that there appears to be a number of persons that are already charged that are being released on bail and they are alleged to having committed other offenses and therefore being charged again.
"So the important thing is the government must respond to that."
The government's statement that it intends to amend the Bail Act drew applause as it was read on Wednesday morning.
Delaney pointed out that while the government will bring the legislation, that is as far as it can go.
"As far as the granting of bail is concerned, that's not something within the prosecution's [power]," said Delaney. "That's something for the judiciary — the judges. They would fairly exercise their discretion and make decisions. Now the question is how should the legislature represent the people. Should they look at the circumstances under which bail is granted and narrow that to be responsive to the pressing concerns of the Bahamian people while of course ensuring that substantial fairness is done with respect to the rights of the individual?"
The government also intends to introduce legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code, repeal and replace the existing Magistrates Court Act and introduce a new Coroners Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Delaney said all of the changes are necessary.
"With respect to the Magistrates Act, believe it or not, most of our cases are resolved at that first tier of the justice system," he said. "Then the second busiest tier is the Supreme Court and then you have the Court of Appeal, which is far less, then the Privy Council which is less still. So when we concentrate on the magistrate's court we are concentrating on the level that impacts the great majority of cases that our system generates."
He admitted that as it stands now, the magistrate's court is "not the most efficient system".
"We're looking at it to make sure the system is more efficient. So that's our burden, to try and improve things," the attorney general said.
As it relates to the Penal Code, Delaney said some of the offenses are "trapped in the last century."
Overall, Delaney said while the government's legislative agenda is very aggressive, the attorney general's office is satisfied with the upcoming changes.
"Our office will be extremely busy but we're very excited about it," he said. "And we're looking forward to getting these bills to Parliament."
April 16 2010
thenassauguardian
Friday, April 16, 2010
Government outlines ambitious Plan in throne speech
By Candia Dames ~ Guardian News Editor ~ candia@nasguard.com:
The government yesterday outlined an ambitious legislative agenda in the Speech from the Throne, which highlighted more than 30 measures it intends to have passed.
A few of the proposed pieces of legislation were contained in the 2007 speech, but a notable item — the controversial marital rape bill — is not listed for resurrection. And despite what some expected, there was no mention of any legislation to provide for the legalization of gambling for Bahamians.
The government's statement that it intends to amend the Bail Act drew applause as it was read by Sir Arthur Foulkes, the country's newest governor general who was sworn in about an hour earlier at Government House.
The statement came amid ongoing public concern about violent crime in the society and calls for the government to act to address the scourge.
"Many provisions in the Penal Code and in the Criminal Procedure Code are relics from a bygone period," the speech says.
"My government will therefore place before you legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code."
The speech continues, "A number of persons who commit crimes, do so whilst on bail pending trial for other offenses. An amendment to the Bail Act will be placed before you to further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted."
It was also announced that legislation will be brought to repeal and replace the existing Magistrates Court Act. The government will introduce a new Coroners Act, and legislation to repeal and replace the 1943 Prison Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Saying that it has a long-standing commitment to good, effective and open governance, the government foreshadowed a Freedom of Information Bill "meant to enhance transparency and accountability and to provide the Bahamian people and the media with greater access to government decision-making". Prime Minister Hubert Ingraham has previously said he has no specific timeline for introducing this measure, other than he intends to have it passed before the end of his five-year term in office.
The government also announced in its speech yesterday that it will continue public sector reform and will place before Parliament a new Public Service Act.
Another notable measure included in the Speech from the Throne is a proposed bill to amend the Parliamentary Elections Act. The need for amendments to this piece of legislation was highlighted after the recent Elizabeth Election Court ruling exposed failures in the parliamentary registration system — as did the two rulings handed down in the Pinewood and Marco City challenges brought after the 2007 general election.
In the seven-page speech, the government outlined proposed legislation to protect the environment.
"To further bolster our environmental defenses and combat the dire effects of climate change, legislation will be placed before you to make enforcement of various international obligations and domestic laws more vigorous and effective," the speech says.
The government promised legislation to impose levies on the disposal of carbon-polluting items such as motor vehicles, tires, appliances and other items. It also proposes to amend the Bahamas National Trust Act, and has promised a Forestry Act and an Animal Control and Protection Act.
As it did in the 2007 speech, the government has committed to introducing a bill to protect the rights of persons with disabilities.
Other measures are also being proposed. Some of them are proposed legislation for a new Securities Act, a Small and Medium Size Business Development Act, a Medical Act and a Contractors Act.
The House of Assembly has been adjourned to next week Wednesday. Among other matters, there will be a resolution to thank the governor general for reading the Speech from the Throne.
April 15, 2010
thenassauguardian
The government yesterday outlined an ambitious legislative agenda in the Speech from the Throne, which highlighted more than 30 measures it intends to have passed.
A few of the proposed pieces of legislation were contained in the 2007 speech, but a notable item — the controversial marital rape bill — is not listed for resurrection. And despite what some expected, there was no mention of any legislation to provide for the legalization of gambling for Bahamians.
The government's statement that it intends to amend the Bail Act drew applause as it was read by Sir Arthur Foulkes, the country's newest governor general who was sworn in about an hour earlier at Government House.
The statement came amid ongoing public concern about violent crime in the society and calls for the government to act to address the scourge.
"Many provisions in the Penal Code and in the Criminal Procedure Code are relics from a bygone period," the speech says.
"My government will therefore place before you legislation to enact a new modern Penal Code and a new updated Criminal Procedure Code."
The speech continues, "A number of persons who commit crimes, do so whilst on bail pending trial for other offenses. An amendment to the Bail Act will be placed before you to further restrict the right to bail for persons charged with serious crimes, and to limit the circumstances under which bail may be granted."
It was also announced that legislation will be brought to repeal and replace the existing Magistrates Court Act. The government will introduce a new Coroners Act, and legislation to repeal and replace the 1943 Prison Act.
In addition, the government intends to amend the Legal Profession Act to facilitate more expeditious disciplining of errant attorneys.
Saying that it has a long-standing commitment to good, effective and open governance, the government foreshadowed a Freedom of Information Bill "meant to enhance transparency and accountability and to provide the Bahamian people and the media with greater access to government decision-making". Prime Minister Hubert Ingraham has previously said he has no specific timeline for introducing this measure, other than he intends to have it passed before the end of his five-year term in office.
The government also announced in its speech yesterday that it will continue public sector reform and will place before Parliament a new Public Service Act.
Another notable measure included in the Speech from the Throne is a proposed bill to amend the Parliamentary Elections Act. The need for amendments to this piece of legislation was highlighted after the recent Elizabeth Election Court ruling exposed failures in the parliamentary registration system — as did the two rulings handed down in the Pinewood and Marco City challenges brought after the 2007 general election.
In the seven-page speech, the government outlined proposed legislation to protect the environment.
"To further bolster our environmental defenses and combat the dire effects of climate change, legislation will be placed before you to make enforcement of various international obligations and domestic laws more vigorous and effective," the speech says.
The government promised legislation to impose levies on the disposal of carbon-polluting items such as motor vehicles, tires, appliances and other items. It also proposes to amend the Bahamas National Trust Act, and has promised a Forestry Act and an Animal Control and Protection Act.
As it did in the 2007 speech, the government has committed to introducing a bill to protect the rights of persons with disabilities.
Other measures are also being proposed. Some of them are proposed legislation for a new Securities Act, a Small and Medium Size Business Development Act, a Medical Act and a Contractors Act.
The House of Assembly has been adjourned to next week Wednesday. Among other matters, there will be a resolution to thank the governor general for reading the Speech from the Throne.
April 15, 2010
thenassauguardian
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