By: Daniel Abushery Daniel, (USA). SEP. 27/2012;
“We should surrender to the fact that life isn’t fair.” Source Unknown.
Many antisocial acts classified as crimes have their origins in the norms of primitive societies. Humanity has universally condemned certain types of behavior since ancient times. Acts such like murder, rape, robbery, just to mention only the few are considered “mala in se” which means inherent wrongs. Other acts that the modern criminal law regards as offenses, such as gambling, possession of marijuana “hashish” are merely mala prohibita; because they are defined by the law, and generally not regarded as offensive to universal principles, just to mention the least.
Indefinite number of voices around the globe appealed that death penalty is cruel and an unusual punishment, and should be abolished in South Sudan, despite the fact that the brutality began with the murder of an innocent.
In my humble opinion, by doing this we are giving a free ride to the criminals to let them continued committing their heinous crimes, letting their victims battling knowingly that there will be no serious consequences to pay, just a slap on the wrist.
Are you kidding me? What is cruel and unusual about the persecution of a criminal who cold-bloodily murdered an innocent person? Have you been in someone’s shoes whose loved one has been brutally murdered and the culprit was immediately released from custody, just because, of an influential figure or someone in the government, a Guru in the society, or a family member with a lot of money used to bribe some low esteemed personnel in the police, or in Judiciary system, to obstruct the Justice?
In a country like South Sudan with some bone-headed society members, where the retaliation is widespread, therefore, the death penalty in my opinion is the answer.
My dear friend, believe me, some of criminal Justice graduates, even law school students who didn’t finished the requirement syllabuses and who did not met the requirement to be a Judge or a lawyer, leave alone passing the bar test, are now installed on the benches in our court rooms in South Sudan as Judges and prosecutors with less or no experience, but with half knowledge.
And we always blame it on: We started it from scratch; like the whole population were nomads and we all came back from bush after liberation struggle. And you can read my lips, “little knowledge is……” I am not joking.
What a shame?
The toughest sheriff in the world, Sheriff Joe Alpaio of Tents city jail in Maricopa county in my home town Phoenix, once said; “that crime doesn’t pay”, and his philosophy is, if you commit a crime, you must serve the time, period!
No free ride for criminal’s, and the only way to deter the crime is to punish the defendant.
A group of criminologists asserted that putting criminals behind bars is punishment only, but also rehabilitation. But, for death row inmates, life without possibility of parole is the solution. And some argued that is only a portion, and not all of them can be rehabilitated.
Comrades, before we called for abolishing the death penalty in South Sudan, let’s first establish a good Judiciary system and a rule of law. Let’s first have a constitution that’s well–articulated, with meaningful thought of “the suspect is innocent until proven guilty in the Court of law”.
Honestly, we need to upgrade the quality of our law enforcement and the public attorney personnel, which is the key element of implementation of the Civil and Criminal laws procedures.
In a clear cut, Jury trial, transparency and freedom of the press are essential, otherwise there will be no fair trial. This is my prospective.
The author is a criminal Justice graduate, and can be reached at email@example.com
(Disclaimer: The views expressed above are solely of the author(s) and not of the website.)