By: Daniel Abushery Daniel (USA)
“We should surrender to the fact that life isn’t fair”. Said by: Unknown
September 26, 2012 (SSNA) — Many antisocial acts classified as crimes have their origin 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 murdered 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 hyena crimes, let their victims blatting knowingly that; there will be no serious consequences to pay, just a slapped on the wrest.
Are you kidding me?
What is cruel and unusual about the persecution of a criminal who cold -blooded murdered an innocent person? have you been in some one shoes his/her loved one have been brutally murdered and the culprit was immediately release from custody, just, because, of an influential figure or in the government, Guru in the society, or a family member with a lot of money that used to bribed some low esteems personnel in the police, or in Judiciary system, to obstruct the Justice?. In a country like South Sudan with some bone- head society members, where the retaliation is widespread, therefore, death penalty in my opinion; is the answer.
My dear friend, belief me, some of criminal Justice graduates, even law’s school students who didn’t finished the requirements syllabuses, and who did not met the requirement to be a Judge or a lawyer, leave alone passing the bar test is another ball park, are now installed on the benches in our court rooms in South Sudan in 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 was nomads and we all came back from bushes 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; “ the crime don’t pay”, and his philosophy is; if you commits a crime, you must serve the time period, no free ride for criminal’s, and the only way to deterred the crime; is to punished the defendant.
A group of criminologist asserted that; putting criminal behind bar is punishment only, but, rehabilitation. But, for death row inmates; life without possibility of parole is the solution. And some argued that; is only portion, and not all of them can be rehabilitated.
Comrades, before, we called for abolishing the death penalty in South Sudan, let’s first established a good Judiciary system, and a rule of law’s. Let’s first have a constitution that; 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 public attorney personnel, which is the key element of implementation of the Civil and Criminal law’s procedure. In clear cut; Jury trial, transparency, and freedom of 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 firstname.lastname@example.org