Lawyers warn mandatory sentences may undermine justice principles

A group of legal experts has suggested that the Government rethink punitive legislative trends and pursue comprehensive, evidence-based strategies to reduce violent crime.

The suggestion by the Advocates Association of Jamaica (AAJ) comes days after the House of Representatives approved significant increases in the mandatory minimum sentences for capital and non-capital murders that will keep convicted killers in prison for up to 50 years.

The amendments will next go to the Senate for approval before they become law.

Among the strategies that could be employed, the AAJ suggested, are investments in education and vocational training for at-risk youth as well as job creation and expansion of the social safety net.

It also suggested the promotion of restorative justice practices and public legal education and urged the Government to make strategic use of technology, including surveillance infrastructure, and provide support for mental health and community conflict-resolution initiatives.

“The Advocates Association of Jamaica expresses deep concern regarding the growing reliance on mandatory minimum sentencing as a tool to deter violent crime,” the group said in a statement yesterday.

While acknowledging the urgent need to tackle violent crimes, the AAJ warned that higher mandatory minimum sentences “risk undermining core principles of justice, including judicial discretion, proportionality, and rehabilitation”.

“Mandatory minimums assume that longer, uniform sentences deter crime. However, empirical evidence globally and locally fails to support this assumption,” the statement said.

“Jamaica’s persistent firearm-related crime rates remain alarmingly high despite increasingly punitive legislation,” it added, making reference to the country’s upgraded Firearms Act, which provides a mandatory minimum sentence of 15 years in prison for illegal gun possession.

The amendments passed by the Senate were to the Offences Against the Person Act (OAPA) and the Criminal Justice [Administration] Act (CJAA).

New minimum sentences

Under the amended OAPA, a person convicted for capital murder will now have to serve a mandatory minimum of 50 years in prison – up from 20 years – before being eligible for parole.

The mandatory minimum sentence for non-capital murder is now 30 years.

A person who is convicted for non-capital murder and sentenced to life in prison will now have to serve 40 years in prison – up from 15 years – before being eligible for parole.

Where a set prison term – instead of a life sentence – is imposed for a non-capital murder conviction, the parole eligibility period is 20 years.

A life sentence under the amended CJAA now equates to 50 years in prison, up from 30 years.

The changes come amid public consternation over perceived slap-on-the-wrist sentences imposed by judges.

Information Minister Senator Dr Dana Morris Dixon lauded the legislatives changes, describing them as a “vital and deliberate” response to the levels of violent crimes in the society.

“No one should think that ‘I can commit murder and I can go and cool out for a bit in jail and can come back out after 15 years or so and commit another murder’. We are saying that is no longer the case,” Morris Dixon said during a post-Cabinet press briefing at Jamaica House on Wednesday.

According to the AAJ, the changes position Jamaica among the jurisdictions with the harshest sentencing frameworks in the region.

The group noted that the CJAA allows for reduced sentences in exchange for early guilty pleas.

“Yet, under the current framework, even a 50 per cent discount on a 50-year sentence results in 25 years before parole,” the AAJ said, adding that this is still an “exceptionally severe outcome”.

It warned that this could discourage early guilty pleas, overburden courts, and delay justice.

“Furthermore, removing judicial discretion restricts the court’s ability to assess each case based on its unique circumstances. Justice is not served by a one-size-fits-all approach but by ensuring mitigating and aggravating factors are meaningfully weighed,” the AAJ said.

livern.barrett@gleanerjm.com

(EDITOR'S NOTE: A previous version of this article incorrectly stated that the increases in the mandatory minimum sentences were approved by the Senate.)