Monday, August 20, 2012

FACING THE ENEMY...


Apparently there has been a ‘spike’ in crime since Mrs Joyce Banda took over as President of this tiny country. I have put the word spike  in quotes because in all fairness, in the absence of empirical evidence to validate the assertion, there is simply no way of knowing the accuracy of the claim. It might as well be that there has indeed been a spike. It’s difficult to tell. What is evident, however, if the media (including social media) coverage of criminal activities is anything to go by is that there is a popular view out there that since President Banda took over there has been an increase in criminal activity. Attempts have been made to link the ‘spike’ to the current administration’s stand on use of lethal force by the police or what is commonly referred to as the shoot-to-kill policy.  Common wisdom here is that since the current administration decided to abandon the policy, criminals have been emboldened while law enforcers have in the same breath been demoralized. Blame for the ‘spike’ has, therefore, been squarely laid at the doorstep of Amayi and her man at the National Police Headquarters Lot Dzonzi.
Like I have said, I form no opinion on whether or not there has been a spike in criminal activity in the country since Mrs. Banda became the State House’s tenant. Fact of the matter is that we had criminals yesterday, we have today and we will have for as long as human civilization last. I do not even need to be a Man of God to say that. It’s that obvious. That does not mean, however, that we should take a defeatist attitude towards crime. However, fighting crime should not be on the basis of knee-jerk policies. The task is so serious that it requires society to engage itself in some soul searching and in the asking of oft uncomfortable questions.

Tackling crime comprehensively…

It must firstly be recognized that criminal behavior is behavior that is so deviant from the acceptable norms that it is accepted that it is appropriate to attach penal sanction to such. It is quite legitimate to focus on the penalties themselves. However, I dare say it is equally important to expend some energies on why some people deviate from the acceptable norms. Attempting to fight crime without even bothering to find out why some folks feel compelled to go and violently rob and rape others in the still of the night is to some extent akin to prescribing drugs without diagnosing the ailment. It can hardly be helpful.

Let me hasten to say that I am not a trained criminologist. But were you to ask one, he or she would tell you that there are many theories that seek to explain criminal behavior. Some factors are environmental. Could it be that our young men (I am generously assuming that the majority of criminals are male) are being pushed to crime because the economic environment is so harsh that they feel like they have no option than to steal from someone? Is it because they have been jobless for so long and the pressure of society for them to stand up and counted as men has gotten to them to the point of pushing them into criminality?  Could some government policies such as the decision to stop touting or street vending be to blame? Could it be because folks feel that no matter how hard they try, they can never break free from the shackles of poverty? It surprises me that we complain of crime and yet we are yet to find a solution to the problem of street-children. Where do we think those disappear to as they grow older? To villages and townships to become responsible citizens or to terrorize others? Why do we have so many street kids anyway? Is it not a sign that the family as an institution is failing? What has happened to the institution of the extended-family that used to take in all orphans and nurture them to responsible maturity? We also know,  that some causes of criminal behavior are due to psychological problems. Do we have systems in place to diagnose and attempt to treat personality disorders for instance? When are we going to wrestle with these issues and deliberately try to take them into account in policy formulation? Let us be clear here. Criminal behavior is to a large extent inexcusable. But we cannot ignore context in fighting crime. Those who do so, proceed in great peril.

Policing

It goes without saying that a robust police service is indispensable in the fight against crime. Policing is not just about tactics, however. It’s also about structures and resources. Perhaps it is time we asked ourselves whether or not we have properly equipped our crime busters before burdening them with impossible and unrealistic demands. Our Police Service is as old as our modern state itself but to date it does not have a forensic laboratory. And from the look of things, if our successive national budgets are anything to go by, this situation will not change any time soon. The world of technology is steaming ahead at a neck-breaking speed and yet our police’s record keeping system is still manual. Do you know how tragic that is? A police station goes up in flames when a few miscreants decide to riot and that’s that. No back up system. Nothing. We want the police to be gentle with stone-throwing protesters and yet an overwhelming majority of them go into such situations without protective gear. Not that they find the attire unfashionable, but because it simply isn’t in stock. Should we really be surprised then when such officers, overwhelmed by the occasion perhaps, recklessly use their firearms? It’s all really attractive and pretty when we preach human rights to police officers but if we really are serious about the decent handling of suspects in cell, we must empower the Police to do its job without having to resort to barbarian tactics. A detective who is able to lift a suspect’s DNA and fingerprints from a crime scene will surely have no reason for wanting to sear the suspects bare back with a hot pressing iron, will he?

There has also been some debate on the legality of the President’s claim to being the Commander-In-Chief of the Police Service. Maybe she is, maybe she is not; that’s for another day. But surely we all agree that as the country’s number 1 citizen, the President has an obligation, be it moral or otherwise, to motivate her troops, No? Our police officers are among the least paid in the region, well let us just say the least paid. And yet, on my own nocturnal sojourns, I sometimes chance into them. Often times it will be a trio. Faithfully patrolling the streets so that say my mother and everyone else all can sleep soundly. And yet, and I hope my perception is wrong here, the Police has never been under a more sustained attack from the public than it has been for the last couple of months. And curiously, to a very ostensible extent, the charge has been led by the President herself. To be honest with you, there is nothing complimentary that I have heard her say about the Police for the past 4 months. She has found time within her relatively short stint at the state house to visit two, not one but two, correctional facilities. She is yet to make her way to any Police formation. Maybe I am just being petty but such gestures are so wrong for a politician to whom public perception must be everything. We must never allow the Police to feel like they are the enemy. Law enforcers can never be our enemies. The miscreants who go about terrorizing innocent people in their houses are the ones who on the wrong side of society and not the brave men and women who dare to go where all flee. It’s the Police we must side with and pamper. Not petty criminals and consummate crooks. To say this is not to celebrate police monstrosity, though. Like any big institution, it will have its bad apples. We must avoid labeling the whole institution however.

The victim’s voice…

Retribution is a legitimate aim of society. To advocate for a more comprehensive approach towards crime busting is not to say that crime should not be punished. Appropriate sentences must be meted out by our courts to people guilty of offences. Much as it is said that a crime is a wrong against the whole society and not just the particular individual, it cannot be denied that long after the offender has served his sentence, the victim of the crime will still be dealing with the scars that crime leaves on its victims. This is especially so with violent crimes such as burglary, defilement and rape. This is why it is important for our courts to deliberately take into consideration the express sentiments of victims of crime for purposes of sentencing. It is rather odd, isn’t it, that despite the law providing for the reception of evidence for sentencing purposes, courts rarely follow that course. It’s high that started happening. Not to overemphasize the retributive aim of criminal law, but to give recognition to the fact that it remains one of its aims.

Conclusion…

It has been said that “History shows that whenever a grievance presses hardly on the greater part of the population, it is not long before a remedy is discovered.”For this true in our case, however, we must not be content with firefighting. We must accept that crime is a complex problem requiring an equally complex solution. I am not claiming to propose a complete panacea for our crime problem. I am hoping, however, that we can start having the conversations that really matter. Am hoping that we can begin to face our real enemy.

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