If we are going to be serious about deterring crime -- particularly murders -- then we can't get soft on punishment... Already this timidity in enforcing the law has broken down law and order on every level in The Bahamas

Considering crime and punishment

tribune242 editorial


SPEAKING in the House of Assembly last week Cat Island MP Philip "Brave" Davis criticised Government's proposed crime Bills as falling "short" of what is needed to eliminate violent crime.

He wondered if any thought had been given to the rate of recidivism and what would be the average length of time to rehabilitate an offender when defining life imprisonment.

"There is jurisprudence," he said, "to suggest natural life without an opportunity to review with a view of release is cruel and unusual punishment."

One never hears of the "cruel and unusual punishment" suffered by a victim's family -- a victim who has not had a second chance at life. And a family that has lost their main breadwinner.

With capital punishment virtually removed from the scene, there has to be a penalty, not only to punish, but to deter. True, there are degrees of murder -- the planned, vicious murders spawned from a psychotic brain, and the impulsive anger, where death was not intended, but was the result. There might be some hope of rehabilitating the latter, but none for the former.

The society's complaint today is that the laws are too soft, so soft that the criminal is making a fool of our judicial system. It is felt that with automatic hanging removed, the criminal is willing to play Russian roulette with his life, knowing that he can commit his crime and in all probability avoid the hangman's noose. It might give him second thoughts if he had to contemplate a lifetime in prison - when he and the undertaker leave together.

However, if he knows that he can again trick his way out by good behaviour, where is the deterrent to his crime?

A police officer told us that what many of them do is "get religion" while in prison to impress their jailers. Some, released for good behaviour before completing their sentence, turn their collars backwards and quietly continue their misdeeds, while others shed their religion and openly revert to type.

If we are going to be serious about deterring crime -- particularly murders -- then we can't get soft on punishment. Already this timidity in enforcing the law has broken down law and order on every level in this country.

Mr Davis said that legislators have to think of the cost of housing a convict for the rest of his natural life -- particularly if the offender has youth on his side. They also have to think of the increased burden on taxpayers.

Mr Davis told House members that it costs $14,000 a year to house a prisoner. He said that if a person were sentenced to life at the age of 30 - life expectancy for the average Bahamian male being 70 years - the state would have to support him for at least 40 years.

"Do the math," he told legislators, "there are at least 400 persons to be tried -- millions of dollars it will be costing taxpayers!"

These convicts become burdens only if the government lacks the imagination to put them to good use and make them pay their way by their daily labour.

Already in this column we have suggested setting aside a large acreage of Crown land for cultivation. These prisoners -- composed of lifers and those with shorter sentences -- could feed the nation.

Of course, for those with a life sentence this would be a life time job. At least they can turn a misspent life into a useful one and remember -- if the laws had not been changed -- they could have been hanged, buried and forgotten about, instead of breathing God's fresh air, and growing a field of tomatoes.

This production could be a tremendous savings to government by reducing the cost of imports. If done on a large enough scale and managed like a business, it could even increase our foreign reserves through exports.

In the woodwork department, men with this ability could be taught to turn out first class cabinetry that could be sold from various furniture stores. Again if it were handled as a proper business, the prison could open its own furniture store and attract a market. They could even go into the business of making toys for children.

With a little imagination, these men need not become as heavy a burden as some predict. What must be remembered is that outside of prison walls they will be a constant menace.

Society has to decide whether they prefer to pay for their upkeep knowing that they can have a good night's sleep in the safety of their homes, or save the expense and sleep with one eye open, and an ear cocked listening for the thief at the window.

However, these prisoners could possibly earn enough that restitution also could be made to some of the victims of their evil deeds.

Who knows but that it might encourage pride in some of these men in the knowledge that in the end their lives were not a complete waste.

But with the criminal playing hardball with society, society cannot now go soft on punishment.

October 17, 2011

tribune242 editorial

Caribbean Blog International

Although the public is clamouring for government to start hanging those now on death row, the law has to be followed and so far the Privy Council rulings are almost cutting down the hangman's noose

tribune242 editorial



WE AGREE with Security Minister Tommy Turnquest that it is going to become increasingly more difficult to hang convicted murderers.

Although the public is clamouring for government to start hanging those now on death row, the law has to be followed and so far Privy Council rulings are almost cutting down the hangman's noose.

In 1993 the Bahamas discovered that a hanging could not be carried out because the Privy Council had earlier ruled in a Jamaican case that it was inhumane for a prisoner to wait more than five years on death row for their sentences to be carried out. After five years a death sentence was commuted to life imprisonment. Ever since then clever lawyers have protected their clients by court delays stretching past the five year limit.

Then in 2006 the Privy Council ruled that mandatory death sentences were unconstitutional. Each case had to be considered on its individual merits before sentence could be passed.

However, the Privy Council decision in the Max Tido case, in which 16-year-old Donnell Conover was brutally murdered, has almost ended capital punishment in the Bahamas. The Privy Council sent Tido's case back to the Bahamas appeals court saying that it was not a murder that warranted the most extreme punishment of death. It was returned "for the imposition of an appropriate sentence." The angry reaction here from both religious and civic organisations was to give the boot to the Privy Council, and do it our way -- "hang 'em high."

However, despite the Privy Council ruling the government is working on draft legislation that will target prolific and repeat offenders and outline specific categories of murders.

Nevertheless, it was Mr Turnquest's view that whether it be the Privy Council in London or the judges in the Caribbean "more and more jurists are going to find more and more obstacles to put in the way of governments from carrying out capital punishment." That, he added, is the "reality of life."

Therefore, he said, the concentration should be to get "those prolific killers, those prolific offenders, behind bars and off our streets." In the case of murderers, life imprisonment should mean "life until death do us part."

As we have already suggested in this column those who have a life sentence should be turned into useful citizens -- even though they are behind prison walls. A large acreage of Crown land should be opened for them to farm, thus allowing them to make a contribution to this country's food supply. Between our local farmers and the prisoners this country could be almost self sufficient in fruits and vegetables. This would certainly take some of the burden off our foreign reserves.

However, there has recently been a turn of events in England with regard to capital punishment that is worth watching. And it will probably get more traction now that young hoodlums are thumbing their noses at police and setting London and other regions on fire just for the hell of it. The British are fed up with lax laws and are demanding more punishment for law breakers.

The British government -- in a move to bring democracy directly to the people -- has installed a new site for e-petitions allowing the public to have their issues debated in Parliament provided they get enough support online to do so. Restoration of the death penalty is now a burning issue. The traffic on the site was so high on this subject -- more than 1,000 people a minute -- that the site broke down. It was not designed for such heavy traffic.

"We are getting 1000 unique visits a minute - this is equivalent to nearly 1.5 million visits a day and is far more than the old ePetitions site on Number 10 ever received," said a government spokesman in apologising for the breakdown.

The restoration of capital punishment now looks as though it is going to be one of the first items for debate on the Commons' agenda. It will be the first Commons vote on capital punishment since 1998. The last hangings in Britain were in 1964.

Although British Prime Minister David Cameron does not think that "in a civilised society like ours that you can have the death penalty any more," Priti Patel, MP for Witham in Essex, felt that such a debate would "provide a good opportunity to talk about the failings of our existing criminal justice system." So many victims of the "most horrendous and heinous crimes," he said, "have no sense of justice."

He echoes the words of Donnell Conover's father who on hearing the Privy Council's decision on Tido's future said: "It is really sickening -- I feel as if there is no justice in the world for a victim's family."

August 10, 2011

tribune242 editorial

Caribbean Blog International

Bishop Simeon Hall: Illegal immigrants would not be in The Bahamas in such high numbers without the "complicity of some corrupt persons in authority

Immigration appeal 'may become joke'
tribune242



THE government's appeal for all illegal immigrants to leave the country must be "substantive" or it will become a "joke", Bishop Simeon Hall warned yesterday.

Brent Symonette, acting Prime Minister and Minister of Foreign Affairs, recently ordered all illegal immigrants residing in the Bahamas to voluntarily leave the country or face immediate deportation.

However, Bishop Hall, senior pastor of New Covenant Baptist Church, said the appeal must not only be given to Haitians and Jamaicans but also to Americans, Europeans and Chinese who he says have "corrupted the system by buying their stay here."

The bishop said: "All persons who compromise the immigration laws of the Bahamas must know that the majority of Bahamians are not prepared for them to have a free ride on the back of those who must work hard every day to build this country."

In the statement, Bishop Hall noted that "it is the government's responsibility to enforce all laws of the Bahamas, especially to protect our national sovereignty. Successive governments have promised during election time to deal with the overwhelming problem of illegal immigration in the country, yet it remains a vexing situation."

Bishop Hall also claimed that illegal immigrants would not be in the country in such high numbers without the "complicity of some corrupt persons in authority."

He added: "Illegal immigrants have corrupted many agencies in our Bahamas and this pronouncement by the Minister must have teeth or it becomes laughable."

August 21, 2010

tribune242

Bahamas Blog International

A Call For The Bahamas To Be Included on A Watch List for Copyright Infringement

The Motion Pictures Association of America MPAA says that Bahamian copyright law is in violation of international law and is harmful to the U.S. film industry 

The Bahamas government is attempting to amend the necessary legislation to ensure that no sanctions are imposed on The Bahamas

Copyright Blacklist Threat

By Candia Dames

candiadames@hotmail.com

Nassau, The Bahamas

04/03/2004

The Motion Pictures Association of America has recommended that the U.S. Trade Representative (USTR) place The Bahamas on a watch list for copyright infringement that could lead to the U.S. government imposing sanctions.

The MPAA argues that Bahamian copyright law is in violation of international law and is harmful to the U.S. film industry.

If The Bahamas moves from its present position on the USTR priority watch list to the priority foreign country list, this could mean withdrawal from The Bahamas of the benefits of the Caribbean Basin Initiative (CBI), Minister of Financial Services and Investments Allyson Maynard Gibson said in the House of Assembly Wednesday.

The Minister, who was speaking on a bill to amend the Copyright Act, noted that getting on the priority foreign country list is the "last thing in the world The Bahamas would want."

The USTR first placed The Bahamas on its watch list in 2002 and in 2003 moved The Bahamas to the priority watch list, which indicates that it believes that The Bahamas was not acting in good faith to resolve the problem.  At present, there are 11 countries on the priority watch list.

The CBI allows a wide range of products grown and manufactured in the English-speaking Caribbean duty free entry to the U.S. market.  In 2001, The Bahamas' total exports to the United States stood at approximately $154.2 million.

The government is attempting to amend the necessary legislation to ensure that no sanctions are imposed on The Bahamas.

The Copyright Act, which was passed in 1998, provides for the creation of a system of compulsory licenses which enabled the sole cable operator in The Bahamas, Cable Bahamas, to offer premium channels to the Bahamian public, and pay royalties into a special fund.

But U.S. copyright owners have accused Cable Bahamas of stealing their signals.

 The Copyright Royalty Tribunal has on its accounts some $934,917.92 in copyright fees from Cable Bahamas, but there have been no claims to the Tribunal, Minister Gibson said.

She said failure to narrow the scope of the compulsory license, as is the intention of a bill to amend the Copyright Act, could also have a negative impact on tourism in that it is possible that the U.S. could respond by withdrawing the pre-clearance benefits both tourists and Bahamians have come to enjoy.

Minister Gibson added that inadequate remuneration for the compulsory licensing of free-over-the-air broadcasts is a concern for the Americans, particularly with respect to uses by hotels and other commercial enterprises.  Under the present Act, cable operators are required to provide "equitable remuneration" for their transmissions.

But the USTR determined that the rates are too low.

Minister Gibson pointed to the difficulty regional cable providers face in trying to secure U.S. cable programming in English.

"A number of premium cable providers in the U.S. had over a number of years seemed to be unwilling to negotiate to allow their U.S. based channels to be broadcast in The Bahamas and other English speaking Caribbean countries," she explained.  "They offered instead their Latin channels, which happen to be in Spanish, for broadcast in The Bahamas."

Brendan Paddick, CEO of Cable Bahamas, told the Bahama Journal in an earlier interview that Caribbean nations have a lot of problems entering into agreements with many U.S. networks.

"Despite our efforts to enter into agreements and to pay them on a basis similar to what cable companies in the U.S. pay them, these companies essentially refuse to enter into licensing agreements with Cable Bahamas," Mr. Paddick said.  "[They claim] it would be too expensive for them to secure rights for many of the Caribbean nations...to pay for their programmes."

Minister Gibson told parliament Wednesday that, "Our legal advisors and international legal opinion are of the view that compulsory licensing is allowed under current international agreements.

"The government is satisfied that the compulsory license as provided for in the current legislation is allowed under international law."

She explained that, "It should be noted that the U.S. does not argue that compulsory licenses are not allowed under international law, it rather argues that such international law does not allow the compulsory licensing of encrypted signals."

While appreciating the argument made by the U.S. for the protection of the rights of the copyright holders, she said the most important issue for the government is to ensure that the Bahamian public is able to obtain quality cable programming in English.

"It is my understanding that this is why the government agreed to a compromise with the U.S. government," Minister Gibson said.  "Under this compromise, The Bahamas agreed to narrow the scope of the compulsory license provided for in the Copyright Act and to begin consultations with U.S. copyright owners on increased remuneration for the compulsory licensing and to amend its royalty rate structure."

The U.S. government, meanwhile, undertook to encourage U.S. copyright owners to enter into good faith negotiations with Cable Bahamas to provide voluntary licensing on commercial terms.

"It is also likely that the former government considered the investment of the numerous Bahamians and pension funds in the only licensed cable provider," she noted.