Swift Justice?

Two recent court matters — one involving murder accused Seeromani Maraj-Naraynsingh, the other involving bomb suspect Lenville Small — show how the authorities might actually be helping to contribute to the worsening crime situation. Maraj-Naraynsingh, third wife of Dr Vijay Naraynsingh, is seeking judicial review in respect to the delay by the Director of Public Prosecutions Geoffrey Henderson to file the murder indictment in her case. Maraj-Naraynsingh is accused of conspiring to murder Dr Naraynsingh’s second wife, Chandra. Dr Naraynsingh had also been charged on this count, but was discharged after a preliminary inquiry within a matter of months. But, whether Maraj-Naraynsingh is successful or not in her suit, the principle raised is a valid one.

In an efficient legal system, cases would be heard within a reasonable time frame. Natural justice demands this, since all accused persons are innocent until proven guilty. But, unlike most other crimes, persons who are accused of murder are not allowed bail. This is a necessary limit on the principle of presumed innocence, since a murderer poses a direct threat to society and, if guilty as charged, would be more likely to kill if allowed to roam free while awaiting trial. At the same time, this limit makes it more, not less, urgent that murder trials be heard speedily. The State should not be comfortable that a murder charge is sufficient to keep an individual behind bars.

Similarly, the State should also be discomfited by the fact that it had to free Lenville Small, brother of convicted Muslimeen gun smuggler Lance Small, after holding him for 11 days in police custody without charge. Mr Small had been arrested when police found in his possession what appeared to be a “hit list,” as well as a piece of paper on which was written the names of two chemicals which could be used to make explosives. It does not take much thought to see why possession of such items was insufficient cause to lay charges against Mr Small. But the fact that he was held for 11 days after being detained under the Anti-Terrorism Act, when arrests under the common law does not allow detention without charge for more than 48 hours, shows that the State is flirting with legal principle.

The problem here is that such a flexible attitude about justice can actually worsen the crime situation. In criminology, there are two main perspectives which are used to explain crime. One perspective focuses on social factors such as poverty, lack of educational opportunities, and child abuse to account for what creates a criminal. The other perspective examines the incentives which facilitate criminal activity. This perspective assumes that social background is less of a factor than incentives which make crime a more rational method (ie more returns for less effort) than legal ways of  acquiring resources. In this latter view — defects in physical security, a low chance of getting caught, and a low chance of conviction if caught — these are all incentives which cause a certain type of person to commit criminal acts.

These two perspectives are not mutually exclusive. The first position highlights the long-term conditions which have to be ameliorated in order to reduce crime, while the second position provides a medium-term strategy for controlling criminal activity. If criminals and potential criminals know that there is a good chance of being caught, and that the justice system will process them in short order, they are less likely to commit crimes. On the other hand, a justice system which is not seen as just, even if this works against the criminals by keeping them incarcerated because of administrative inefficiency, has more pernicious effects on the society as a whole.  Swift and fair justice, however, sends a signal that right makes for might. By improving its performance in this area, the State will ensure that crime goes down. How many people charged with murder are languishing in jail hoping against hope for a speedy trial. The  State should not wait for high profile individuals who have the means to take action to ensure justice.  Will something now be done to speed up the trials of others?