Can two wrongs make a right? Someone needs to define the two wrongs. Is capital punishment 'wrong'? There is a long list of scripture in at least three religions that says not. Many countries base many of their punishment lists on the old religious teachings.
And, no, not all of us have been monsters at one time or another. There is a very special 'breed' of person that commits heinous crimes and society needs to rid itself of that 'breed'. The basic tempo of religious teachings probably has more merit than all the second guessing that psychologists and those with thoughts of redemption can offer.
In RK Anand's view, (' Rape: Can two wrongs make a right? ') killing a criminal that the state has convicted of a capital crime is not 'right'. Very deeply in my heart (and very, very deeply), I agree with him. I do not really like having to resort to that kind of punishment. But with today's level of heinous crimes growing, I think the public has lost its patience.
I know I have, and I want to see some improvements in Malaysia in order for my family to be protected. I cannot do it just by being extra diligent in protecting my property and family members. I do not want to live under a self imposed 'code orange' because the criminal justice system is not handling the problem.
Neither do I feel that an 'understanding touch' in dealing with criminals is right. It places the public at an increased risk because a convicted criminal is placed back on the streets without administering sufficient punishment to deter a second offense or to make an example for the next criminal to see.
Laws need to be firm. Only the most unusual circumstances surrounding a crime should merit the reduction of vetted penalties. That is what we pay learned jurists to do for us. But we expect their decisions to work in the direction of reducing incidences.
We need a measurable scale on that issue that we can use to judge the effectiveness of the law and its enforcement. Society's objective should be "zero". Based on recent news reports, crime in Malaysia is out of control. "Zero" is a long way down the road.
True enough, monsters are not necessarily born, they are made. Going against established rules is an acquired habit. Violence is an acquired habit. The habit can grow and the perpetrator can become more bold simply because no one takes effective action against the rule breaker.
There are several key elements that we can improve, to stem the tide of criminality. These include:
-Moving society away from its first objective of possessing more and more material goods. Even the government says that the economy cannot move ahead unless the public buys and buys. Latest news reports reveal that there is no room left for the wastes made by our consumerist economy - landfills are overflowing and all we can do is poison our air with the world's largest incinerator. Where is the government to guide society towards more wholesome values?
-Making the police force more visible. Currently the police force is mostly invisible. Where are these protectors and public servants? They seem to be evident only when the ruling party needs help. They rarely communicate with each other in the field - the Canny Ong case is an example where the police failed to alert field officers of a suspected crime. The lack of police patrol on our streets is legend. The many stories of police corruption and even criminal activities are there for all to see as well. The authorities' corrective actions seem long overdue. Perhaps the pending royal commission can discover some answers.
-Legislating publicly executable penalties will serve to act as deterrents to future crimes. The public knows little about enforcement procedure. How can we exhibit a deterrent sentence when the sentence is executed behind closed doors? The call for public executions is well placed. There is such a thing as "tough love". Society must deal out punishment for crimes and not quibble about its effect on the criminal's family or the criminal's chances for retribution.
-Improve the penal system to enable us to closely track repeat criminals. Where is the parole system? Where is the limit that puts a criminal behind bars forever, or administers a death sentence after a certain number of convictions for certain classes of crimes?
However, life sentences may also lead to overcrowding. In the end, authorities will simply find a way to release them early in order to have room for more. If Malaysia can build enough jails and afford to run them, then Mr Anand's idea has merit. Take a look at the US. The prison system is so overloaded that prison construction and management is one of the largest outsourcing businesses in the country. Do we want this situation in Malaysia? Ask the taxpayers first.
Instead, and until Malaysian society can devise ways to stop crime before it occurs, I feel the authorities need to work on a punishment cycle that provides the first offender full understanding that a second offense will earn a drastic punishment. That is why I have recommended tattooing first time offenders with a reminder that the second offense earns an amputation. A disabled criminal will be much less likely to commit a third crime. And if the third crime earns a second amputation or death as punishment, society will have a better chance to end the repeat offender's cycle through the penal system
Malaysia has the best chance in the world to establish a criminal justice system that will really get the job done. The country's constitution declares the state's religion is Islam. Islam has a most reasonable code for punishment in some areas of hudud law - not all of them, but some of them.
Most of the MP's and those in law enforcement are Muslims. There is no reason why some of the provisions in strict Islamic law cannot receive more consideration for implementation into Malaysian criminal law for all Malaysians.
Once the sterner measures reduces the rate of crime significantly, we can try the softer approach that Mr Anand recommends. But not until then. Let's give stern, black and white measures a more dedicated try before resorting to further "new age" thinking.
