The use of deadly force and the crime fight
thenassauguardian editorial
The political parties are piecing together crime platforms for the election campaign, which started when Hubert Ingraham announced on November 7 that he would seek a fourth term as prime minister. We hope they find advisors who can help them. The issue of crime will dominate public discourse until Bahamians vote for a new government. The public will need to hear solutions from both major parties, not just idle talk.
We advocate tough responses to those seeking to disturb the peace.
The Bahamas has drifted too far over the past three decades from being a peaceful set of islands to being islands racked with fear and anxiety. We will set a third homicide record in four years this year. And with no measures in place yet to stop the trend, it is likely there will be a fourth homicide record in five years come the end of 2011.
A part of the crime fight is improving the quality of police investigations, case management by prosecutors and increasing the number of criminal courts to hear cases. The government is working on all these measures.
Another equally significant part of the crime fight is the war on the streets.
Hardened hit men, armed robbers, rapists and armed home invaders exist in The Bahamas. They have destroyed the lives of so many Bahamians over the past few years. These crimes have led to much fear and anger. Honest Bahamians want someone, or some group, to push back in their defense.
Walden Mitchell, on Monday night, shot a police officer; several days before he had shot at and assaulted others. In an operation then led by the police to capture and arrest Walden Mitchell the police, in the course of their duty, shot and killed Walden Mitchell.
He reportedly sent a message to police that he was armed and ready.
In an editorial earlier this week we commended the police for doing their job. In doing their job Walden Mitchell was shot. We called on the police to just do their job. If as a consequence a criminal is shot, so be it. Some have misunderstood our position in this regard and we apologize for any misunderstanding. We are not calling for extra-judicial killings.
Section 103 of the Penal Code allows for the use of deadly force by citizens or law enforcement officers in the capture and detention of someone who has committed a felony.
Section 107 of the Penal Code authorizes the use of deadly force for the protection of self and others in connection with the following crimes: Treason, piracy, murder, manslaughter except manslaughter by negligence, robbery, burglary, housebreaking, arson of a dwelling house or vessel, rape, forcible unnatural crime and dangerous or grievous harm.
When criminals are on the streets of our islands armed with weapons with the intent to harm citizens, police have a legal responsibility to intervene. In this intervention the law allows officers to use deadly force. No right-thinking citizen should have a problem with this. It is the law.
When police use legally appropriate force against criminals, society usually applauds their effort. Complaints usually only arise when police are unnecessarily and inappropriately heavy-handed in carrying out their mandate. Police must protect citizens against those disturbing the peace.
The proper use of force by police has an effect. It lets criminals know that there is an immediate consequence to harming citizens. It lets criminals know that if you are riding around our neighborhoods armed and searching for an innocent mother to rob, or a hardworking father to molest, police are not afraid to apply the law to you.
The breakdown of the criminal justice system has had consequences in The Bahamas. Many fear the law less than they used to. The ongoing reforms hopefully will speed up the prosecution process so that once placed in the system, justice can be meted out in a timely fashion.
We just ask that criminals be found and dealt with appropriately according to due legal process.
The Bahamas is at a crossroad. Some do not seem to realize this. Either we return to being an orderly society or we become like some other societies and countries that have already gone too far.
11/26/2010
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 criminal courts Bahamas. Show all posts
Showing posts with label criminal courts Bahamas. Show all posts
Saturday, November 27, 2010
Thursday, November 25, 2010
Hubert Ingraham, Crime and the FNM’s 2012 election chances
Ingraham, crime and the FNM’s election chances
thenassauguardian editorial
The focus of the entire country appears to be on crime. Bahamians are concerned that we are days away from a third homicide record in four years. More and more Bahamians are either telling stories about being victims of crime, or of close friends and relatives being attacked or robbed.
Hubert Ingraham is seeking a fourth mandate. If successful, it would mean he would have ruled this archipelago for 20 years. In 1992, few would have dreamed he would attempt this based on his criticism of Sir Lynden Pindling’s long 25-year stay.
If he is to reach the mark of 20 years as prime minister, Ingraham has to fight through a crime problem that cannot be won by executing a well thought out communications strategy. He and the Free National Movement (FNM) will need successes in 2011.
There appear to be two main problems, on the response side of the equation, fueling the crime surge in The Bahamas.
On the one hand, the national system of prosecution has become dysfunctional. When crimes are committed there must be competent investigations by police, efficient case management by prosecutors and proper trial management by the judiciary.
Our police have not been producing the best cases, our prosecutors have prosecuted little and we do not have enough criminal courts.
The government seems to agree with this analysis.
It has changed leadership at the Royal Bahamas Police Force and at the Department of Public Prosecutions. It is also providing the funding and legislative change necessasry for more courts to begin hearing cases.
But for these changes to lead to the desired results, there must be someone with the strength of will present overseeing the justice system as a whole to ensure they work. That person would also need to have the capacity and energy to ensure other necessary reforms occur.
Both the FNM and the Progressive Liberal Party (PLP) have a laissez faire attitude towards crime. The parties assume that the bureaucrats can deal with the problem. The parties must realize they cannot. Many of the institutions of government left by the British have not been evolved by our post-Independence leaders.
In fact, through years and years of cronyism, they have been eroded. Wholesale reform is needed. And a leader, passionate about the problem and competent enough to fix it, must be found.
The second problem relates to the state lack of willingness to use the necessary type of force when faced with crisis. On Monday night police shot and killed Walden Mitchell, 38, in the rear of the Grove Police Station.
Mitchell had gone on a little crime spree of sorts in the days preceeding his death. This included trying to kill a police officer. Police sourced also said Mitchell sent them a message that he was armed and ready.
What police did in response was what needed to be done. Mitchell was found and eliminated. There are others who need to be found and eliminated.
If the state would use those same officers who so skillfully eliminated Mitchell to find and eliminate some of the hit men, armed home invaders and robbers that are wrecking havoc in The Bahamas, the crime rate would begin to decline.
The state is not as feared as it used to be. People are rioting in front of police stations and attacking senior police officers. People are breaking into police stations and courts. Our leaders must find the courage to sanction what is necessary to push back against those who only understand force.
The saving grace for Ingraham and the FNM is that the PLP has no answers to the crime problem and the electorate knows this. However, voters usually voice their frustrations against incumbents. If “Papa” is to win his forth term, maintaining the status quo on the crime front will not work.
The PLP has the luxury of issuing statements rambling on and on about the crime problem because it is not in power. The FNM has to deliver solutions now because it is the government.
11/24/2010
thenassauguardian editorial
thenassauguardian editorial
The focus of the entire country appears to be on crime. Bahamians are concerned that we are days away from a third homicide record in four years. More and more Bahamians are either telling stories about being victims of crime, or of close friends and relatives being attacked or robbed.
Hubert Ingraham is seeking a fourth mandate. If successful, it would mean he would have ruled this archipelago for 20 years. In 1992, few would have dreamed he would attempt this based on his criticism of Sir Lynden Pindling’s long 25-year stay.
If he is to reach the mark of 20 years as prime minister, Ingraham has to fight through a crime problem that cannot be won by executing a well thought out communications strategy. He and the Free National Movement (FNM) will need successes in 2011.
There appear to be two main problems, on the response side of the equation, fueling the crime surge in The Bahamas.
On the one hand, the national system of prosecution has become dysfunctional. When crimes are committed there must be competent investigations by police, efficient case management by prosecutors and proper trial management by the judiciary.
Our police have not been producing the best cases, our prosecutors have prosecuted little and we do not have enough criminal courts.
The government seems to agree with this analysis.
It has changed leadership at the Royal Bahamas Police Force and at the Department of Public Prosecutions. It is also providing the funding and legislative change necessasry for more courts to begin hearing cases.
But for these changes to lead to the desired results, there must be someone with the strength of will present overseeing the justice system as a whole to ensure they work. That person would also need to have the capacity and energy to ensure other necessary reforms occur.
Both the FNM and the Progressive Liberal Party (PLP) have a laissez faire attitude towards crime. The parties assume that the bureaucrats can deal with the problem. The parties must realize they cannot. Many of the institutions of government left by the British have not been evolved by our post-Independence leaders.
In fact, through years and years of cronyism, they have been eroded. Wholesale reform is needed. And a leader, passionate about the problem and competent enough to fix it, must be found.
The second problem relates to the state lack of willingness to use the necessary type of force when faced with crisis. On Monday night police shot and killed Walden Mitchell, 38, in the rear of the Grove Police Station.
Mitchell had gone on a little crime spree of sorts in the days preceeding his death. This included trying to kill a police officer. Police sourced also said Mitchell sent them a message that he was armed and ready.
What police did in response was what needed to be done. Mitchell was found and eliminated. There are others who need to be found and eliminated.
If the state would use those same officers who so skillfully eliminated Mitchell to find and eliminate some of the hit men, armed home invaders and robbers that are wrecking havoc in The Bahamas, the crime rate would begin to decline.
The state is not as feared as it used to be. People are rioting in front of police stations and attacking senior police officers. People are breaking into police stations and courts. Our leaders must find the courage to sanction what is necessary to push back against those who only understand force.
The saving grace for Ingraham and the FNM is that the PLP has no answers to the crime problem and the electorate knows this. However, voters usually voice their frustrations against incumbents. If “Papa” is to win his forth term, maintaining the status quo on the crime front will not work.
The PLP has the luxury of issuing statements rambling on and on about the crime problem because it is not in power. The FNM has to deliver solutions now because it is the government.
11/24/2010
thenassauguardian editorial
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