The Tribune

By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

THE recent call from Long Island MP Loretta Butler-Turner for convicted murderers to face a minimum 30-year sentence without parole would infringe on the discretionary power of judges, Bar Association President Elsworth Johnson said.

He also urged members of the executive and legislative branches of government to “loosen their grasp” on the judiciary, saying that the politicisation of crime has hampered the “conceptualisation” of anti-crime measures.

“Laws being drafted and enacted in a reactionary manner will not offset or resolve the true root causes of crime,” Mr Johnson said when contacted for comment.

“Calls like this gives the public the impression that those in the judicial branch of government are not being tough enough. When you take that stance you force judges into a spot where they can no longer use their discretion and that’s where the biggest problem will arise. All murders are not the same.”

During the launch of her campaign for leader of the Free National Movement last Wednesday, Mrs Butler-Turner outlined her plans for a new Bahamas. One idea to crack down on crime was tougher sentences for convicted murderers.

According to Mr Johnson, judges must maintain the ability to weigh the circumstances of all crimes. He said unique factors in each crime, even murders, allow judges to identify the mitigating circumstances of a case and rule accordingly.

“I know the saying states that a murderer is a murderer, but as it relates to the judiciary, the loss of a life as the result of the actions of someone, that can take on a number of classifications. For us to say that the premeditated murder of man is the same as murder perpetrated through negligence or some accidental means is for us to generalise our judicial system.”

“I want to say this in the purest sense, I think the response to crime is as much political as it is social, economics, educational. None of these measures can resolve crime unto themselves, but politicians have forced crime into the political arena and away from the others,” he stated.

Mr Johnson reiterated statements he made to The Tribune last September when he called for a collective effort from various groups in society to tackle the country’s issues.

In response to comments by Minister of National Security Dr Bernard Nottage, who criticised the judicial system for the country’s crime problem, Mr Johnson said last year: “When you hear people start to play the blame game, it means they are devoid of the innovative mind-set to bring solutions to crime.”

He told The Tribune on Friday: “Governments are now struggling to enact policies because we only see it as a political matter. We have to admit that beyond those enacted policies, the education, economic and social platforms must follow suit.”

Mr Johnson said politicians should shift their focus away from the punishing of criminal behaviour and toward the remediation of the root causes of crime and the infrastructural deficiencies of the judiciary.

“Courts, the buildings and systems can use so much work. We can work to resolve that. Judge selection, selection of Queen’s counsels; those are matters the judiciary and the legislature and the executive can come together on,” he said.

“I respect (the) civic leaders we have in this country, but at the same time we all must play our roles and figure out how best all of us can come together to ensure the best running of this country. This isn’t a shot at anyone in particular, this is a simple call for them to work towards a bottom up approach and away from this top down approach.”

“When you listen to our judges, our police and scores of other sectors in our society there are countless points being made on how best to improve this country. The politicians should heed those inputs and steer the development of this country in a more decentralised manner.”