Sentence Reduction Day A Travesty Which Ignores Victims Sensibilities…

There is a case to be made for plea-bar­gain, many coun­tries use the mech­a­nism as a means to have a more flu­id sys­tem of jus­tice deliv­ery.
According to nolo​.com, for exam­ple, Commander O.M. Pyre is charged with 20 counts of bur­glary after a spree of bur­glar­ies in his neigh­bor­hood. Assistant District Attorney Art Mills offers to drop the charges to two counts of bur­glary if Pyre pleads guilty right away. Pyre takes the deal because his sen­tence will be short­er and he will be eli­gi­ble for parole ear­li­er than if he were con­vict­ed on every charge at tri­al.
Another fair­ly obvi­ous ben­e­fit that defen­dants can reap from plea bar­gain­ing is that they can save a bun­dle on attor­neys’ fees, assum­ing they are rep­re­sent­ed by pri­vate coun­sel. It almost always takes a lot more time and effort to try a case than to nego­ti­ate and han­dle a plea bar­gain, so defense coun­sel typ­i­cal­ly charges a much high­er fee if the case goes to tri­al.

One of the key com­po­nents of the plea bar­gain mech­a­nism in the jus­tice sys­tem is to move cas­es along quick­ly to avoid a bot­tle­neck like that which exist in the Jamaican sys­tem.
However, it is impor­tant to note that the suc­cess of the mech­a­nism as it relates to nations like say the United States of America at the Federal lev­el there is a death penal­ty statute on the books.
Additionally, Most of the American States have the death penal­ty as a part of their penal code. Others that don’t have the death penal­ty, for exam­ple: New York State, they have strict laws which make cer­tain crimes pun­ish­able by life Imprisonment with­out the pos­si­bil­i­ty of parole.

On that basis for exam­ple when New York state nego­ti­ates with a mur­der arrestee who would nor­mal­ly face the death penal­ty if he was in Texas, New York begins from the posi­tion of life with­out the pos­si­bil­i­ty of parole.
So the offend­er who is of val­ue to law enforce­ment is able to avoid the por­tion of the law which would lock him up with­out the pos­si­bil­i­ty of parole yet he is faced with 20 – 25 years before he is eli­gi­ble for parole.
It is impor­tant to note that even then the offend­er would not be guar­an­teed re-entry into soci­ety unless his tenure while incar­cer­at­ed is exem­plary.

Jamaica with its astro­nom­i­cal mur­der num­bers and clogged up courts sys­tem could ben­e­fit by using this mech­a­nism if its approached right.
However, Jamaica has cho­sen to adopt a piece­meal approach to this tried and proven mech­a­nism, spear­head­ed by the Justice Minister Delroy Chuch a crim­i­nal lov­ing lib­er­al who wants mur­der cas­es tossed from court dock­ets if they have been there for more than five years.

The course adopt­ed in Jamaica is one which is known as Sentence Reduction Day. In a nut­shell, in order to move cas­es along the Government declares cer­tain days as is char­ac­ter­ized before.
Defendants who take advan­tage of the deal the Government offers are guar­an­teed a 50% reduc­tion in their sen­tence, the peo­ple get noth­ing for that act of good faith.
The Government does­n’t even use the prospect of reduc­ing the sen­tence of dan­ger­ous killers by 50% to demand infor­ma­tion on oth­er dan­ger­ous crim­i­nals.

And so an ani­mal like Phillip Brown, the man who beat his preg­nant ex-girl­friend to death inside her Crystal Towers apart­ment in St Andrew last December, will see his sen­tence reduced by 50% and the fam­i­ly of the vic­tim gets noth­ing.
The police get noth­ing, but because he decid­ed to take respon­si­bil­i­ty for his bar­bar­ic act and the Government is unable to deliv­er on its most basic func­tion of secur­ing the pop­u­la­tion and deliv­er­ing jus­tice in a time­ly man­ner, this scum will receive a slap on the wrist.

Now, one could argue that I don’t know what his sen­tence will be.
Nevertheless, when mur­der accused are giv­en 7 and 10 years in the same courts for felony mur­der it does not nec­es­sar­i­ly engen­der much con­fi­dence that this mon­ster, for exam­ple, will be real­ly made to pay for what is essen­tial­ly a dou­ble homi­cide.
And that ladies and gen­tle­men is the real issue.

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