To assess whether a punishment delivered by the law courts is just or not by reading a newspaper report isn’t very rational. The reason is that the judge would (or at least, should) have judged the case considering a number of variables that do not appear in a short report from a journalist.
What can be assessed quite accurately though is the trends in punishment delivery. And what these trends are showing is that Maltese laws are a complete mess.
For the sake of simplicity I will focus on two kinds of crime: Drug related (not including theft for drug money) and violence related (including sexual violence and rape).
On drugs, Malta’s laws are ridiculously harsh. While I don’t agree with the legalization of hard drugs since this might increase availability, one fact cannot be denied: No one is forced to buy drugs.
I’m not putting into doubt the devastating effect of drugs. I’ve lost close friends myself to them. I’ve seen families being ruined, and otherwise good, law abiding people committing serious crimes.
The point is, the war on drugs – the way we’re waging it – has failed, miserably. Law enforcement, while it should be there, shouldn’t be the main weapon against drugs. Drug addiction is a disease and should be treated as such – with prevention and treatment. On a positive note, we have excellent services in Malta, though I would like more resources pumped into them, rather than into keeping people behind bars.
Then, there is the main issue on the failure of drug laws enforcement. The problem is not that sentences are too soft, the problem is corruption. We are jailing, for unreasonably long periods of time people who are nothing more than couriers. That the kingpins are brought to justice is extremely rare, and when they do they are the ones who enjoy the best lawyers and exploit every legal loopholes that can save them from long periods of imprisonment, if any.
It’s an open secret that someone is protecting them. Corruption has invaded every institution of power in this country, yet no one wants to do anything about it. Like many other Maltese people, I know – sometimes beyond reasonable doubt – some things that are going on. But what can I do, without the hard evidence?
So, to hide all this dirt and appear to be doing something, we become too harsh with the couriers.
What about violence?
That, we treat with a velvet glove. Beat the shit out of your wife and you’ll get a suspended sentence. Worse still, in the case of domestic violence, some people are granted bail and are sent to live (believe it or not) in the same house with the victim, since it’s the matrimonial home. All this when the main reasons for not granting bail include the risk of tampering with evidence and intimidating the witness!
Non-domestic violence is also treated lightly. The message given from the law court seems to be “hurt whoever you want unless you kill him”. Otherwise it will be treated as a murder and that (at least) has to be taken seriously.
Sexual abuse and rape are also treated with caution, lest we punish the abusers too much. The sentences given to the priests convicted of abusing a number of children are shameful to say the least.
It this same week a foreigner was granted 14 years imprisonment for importing heroin. Another foreigner was jailed for 9 years for beating a man unconscious, raping him and leaving him tied up. (9 years prison isn’t a joke, but relatively speaking it is definitely too lenient).
If this is what we call justice, I’m curious to know what injustice looks like.
12 October, 2011 at 11:24 pm
As usual, you hit the nail on the head! As a student of forensic psychology, your comments are my everyday read… couldn’t have said it better myself… I hope I can make a difference one day!
12 October, 2011 at 11:32 pm
Thanks Gail.
Do you have some student’s movement? Maybe can issue something? This injustice really angers me.
13 October, 2011 at 6:29 pm
No movements as yet.. I’m still overseas, reading the masters, will be returning home September 2012. We can talk then. In the meantime, keep in touch on fb.
13 October, 2011 at 12:52 am
I agree with almost everything you say Robert, except where you state that you don´t agree with Legalization. I myself am in favour of decriminalization of all drugs mainly because my concern is the human aspect…but i would be naive to say that i am not in favour of Legalization. The reason being that what you mentioned about Kingpins and corruption can only be eradicated by Legalizing the lot. Prohibition is clearly what is causing these couriers to spend dacades behind bars, the drug lords to become major players in the economy and i would go as far as saying that is it also what is taking the lives of our brothers and sisters. Control regulate and assist should clearly be the way forward no? But try selling that to the voters!! Peace.
Andrew Bonello
13 October, 2011 at 7:58 am
Andrew, the only reason I don’t agree with legalization is that it will increase availability. And when it comes to drugs it’s not only that demand increases supply, but also the other way round.
Increased supply is the largest reason for the increase in cocaine abuse and addiction.
With cocaine and heroin, the time where a person still has a choice is very short, unlike say, alcohol. Thus that “a person is not forced to take them” isn’t 100% accurate here.
My view is – using drugs should not be a crime. Be soft with the couriers and harsh with the kingpins.
13 October, 2011 at 2:32 am
Robert,
Magistrates and Judges do not make the law … they dispense it.
If you review the Criminal Code (Chapter 9), you will find that Article 198 specifies a maximum of 9 years’ imprisonment for rape. Therefore, the sentence was correct.
If you are not happy with that, then it is wise to canvas the legislators to increase the punishment.
In the matter of drugs … the courier could have got life in prison. Some would say that this is too lenient..
As for corruption, better be cautious on how you phrase that. Too broad a brush is dangerous and unfair to the vast majority of public servants including judges.
One last thought: the Courts, in both instances, were judging accused criminals. Their nationality had nothing to do with the sentences. It’s the evidence that counts.
Almost forgot: loopholes (in the Law) … they exist only in the minds of journalists.
Talk to a defence lawyer 🙂
13 October, 2011 at 8:07 am
Cjohn, I may have given the wrong impression that I’m attacking the judiciary. Though they they have an amount of discretion which I think they’re not using wisely, I agree that the main problem is the laws that are enacted (that’s why my main interest is politics)
On corruption, I stand by my claim that it’s everywhere. Definitely not by everyone, but everywhere. And I would also like to add, the non corrupt, honest people are too afraid to speak up and do something. I don’t blame them at all.
I also believe foreigners are more likely to get a harsher penalty. But that’s just my impression and won’t be going into that. In fact, that’s why I compared foreigner to foreigner.
Loopholes don’t exist in the mind of journalists only. I completely disagree here. Talk to a high profile, extremely expensive defense lawyer!
Thanks for your comment, I hope I clarified some things.
18 October, 2011 at 4:57 pm
Great Blog