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by Professor Nandasena Ratnapala

What is serious about modern crime is not its statistics, but the qualitative pattern that it portrays. Crime trends have to be examined in order to realize this situation. Whatever the crime is that is committed, whether it be murder, rape, burglary or abduction, the emphasise is always on violence. In other words, the criminal act would be committed with violence as an essential ingredient. For instance, a person is robbed at gun-point or threatened with a knife and badly wounded, a woman is violently handled and raped, sometimes brutally murdered; an individual is kidnapped for a ransom and is tortured and violently put to death. This then is a serious characteristic of modern crime. In certain instances, the victim's body is severed in certain parts while the person is still alive, or a hand is cut off and at the hospital it has to be joined to the body. Little children are sometimes subjected to abuse, sometimes their sexual organs being burnt. A woman cuts off the penis of the husband while he is in a sleeping state for the reasons that he had misbehaved with another woman. In this manner, emphasis on cruelty is seen increasing in acts of crime day to day.

The next characteristic of modern-day crime is its organised nature. In fact, crime is very often committed by organized gangs. Hiring a killer is a trend in modern-day crime. It is important to recognise that more and more younger groups of people get organized to commit crimes. Their form of crime could range from robbery, burglary, rape, abduction, murder even upto arson.

The underworld of organized crime is referred to often as 'our Mafia'. It must however be mentioned here that we actually do not have a Mafia as is found in the United States or Italy where its leader has a tight organisation with its boss ('Godfather') having a Consigiero (counsellor) with him. Immediately we find the underboss. Next to him are the lieutenants. Then, the soldiers who exercise control over legitimate industries and illegal activities. We do not find 'our underworld' extending its tentacles to legitimate business. It is concerned only with the illegal activities such as gambling, narcotics, extortion and alcohol.

The underworld gangs we have often fight with each other as rivals and they often adhere to different political parties. It is certain politicians of all political parties who supports such underworld members. The politician often uses deserter from the army as an agent to harass his opponents during election-time, or to kill or main his enemies. Gangs are being organised by young groups and their connection to crime would receive much emphasis in the future. The police should be aware of the emerging youth gangs. We do not have motor-cycle gangs as in the States, but we do have youth gangs like those who operated in the 1987-88 period who are used for murder, robbery, drug-trafficking etc, and even now they are available for such tasks. In the future, with our present climate of unemployment and culture, violence of the youth would be attracted to more types of anti-social behaviour.

The use of drugs and drug-related behaviour are on the increase. According to our findings, there are nearly 200,000 heroin addicts in the country. The police and researchers are aware of twenty or more grand importers and distributors of drugs. It is useful to enquire whether the introduction of drugs is done according to a plan to destabilise society by someone or agency. Fortunately, we do not get to see evidence of the underworld Mafia in relation to drug-dealing such as Cali Cartels and Medellin Cartels in Columbia. The Medalin-Cartel started in 1970. A Cali Cartel existed alongside with the Medalin early and assumed more control over the drug trade after the deadline of the Medalin-Cartel. Medalin-cartel was supposed to control approximately sixty per cent of the drug trade, and such Cartels are yet to appear in our drug world.

Among the short-term strategies is the re-adjustment of the law and legal procedure specially related to the following seven types of crime. Adjustment in the law would be necessary here. These types of crime are:-

1. Murder: particularly planned and gang-murder.

2. Rape: specially little children and violent rape (sometimes carried out by groups)

3. Child-abuse: particularly violent child-abuse.

4. Abduction: of individuals for ransom and the involvement of violence.

5. Drug-trafficking: import and distribution of drugs on a bulk scale.

6. Arson and destruction of public or private property.

7. Robbery or burglary involving ethnic violence.

The law should change to give way to long-term prison sentences when convicted. Whipping and death-sentences need to be re-introduced. The practice of using strategies to do away with the death-sentence is not currently practical. Research should be done to find out the impact of the death-sentence on the would-be gang murderer. Whipping for example in the open and given wide publicity is sure to have its impact on society. Publicity given on punishment and would act as a social and individual deterrent against violent crime. It is useful to follow the States and some other countries when deciding upon prison-terms for each part of the offence. Thus, the total prison-term would amount two to three hundred years not capable of being effected by any parole or pardon.

Prison-life committed to hard labour should be fully one of hand labour. The present practice of an easy-going prison-life with all amenities provided, makes prisons 'desirable' places for the convicts. On the other hand, if prison-life means real hard work, with amenities reduced to the minimum, it would be meaningful to sentence a convict to prison. A prison should be a real prison; a place which the inmate does not want to re-visit.

The granting of bail and the philosophy behind it need a drastic re-change. No one committing the above serious types of crimes should be granted bail. Even in cases of appeal, the long period needed for the appeal to take place need not result in the grant of bail to an already convicted person. The Higher Court, Appeal and the Supreme Court should expedite crime of these serious types. If there is a dearth of judges, more judges and officials should be appointed to prevent a delay in justice. The courts should be encouraged to move a common sentencing pattern without the present irregular pattern where for the identical offence, different courts (sometimes the same court) gives varying punishments. The validity of some innovation such as the suspended sentence needs further consideration in the present context.

As a short-term strategy, seven different High Courts called quick High Courts to deal with these crimes need to be established. The idea is to see that the crimes when committed are not kept a long time due to delay in legal procedures. The trial should immediately follow the criminal act committed, and no time left between the committed act and the ensuing punishment. The procedural delays in courts could be reduced and long dates as well as procrastination of appeals could also be minimised.

Deterrent punishment meted out without delay would be useful. Though in the case of drug-offences such deterrent punishment is stipulated. In actual practice in all instances it does not take place. It is not a difficult task to imprison the main twenty or more drug-importers and distributors on long-term sentences which would then deter others from joining them. If this is not done, the people may turn into Cartels such as in the Mafia in Columbia. Deterrent punishment for the above-mentioned drug importers would bring the importation of heroin to standstill. Apparently no government seems to be willing to do this because of the influence of drug-dealers, some of whom support the government in power very closely.

Today when a criminal act has been done, the police take a long time to bring the culprit to justice. Immediate justice and punishment should be the rule. In order to expedite these measures, the police should at least temporary adjust their organisations to fit in with the seven types of crimes quoted previously. A separate and special section for crime intelligence should be established. Each police station should have at least one person in charge of crime intelligence. In this manner, the police would be able to get to know about crime before it takes place, when it would take place and also details about it.

The police should be encouraged to deal with crime without fear or favour. The officers should be rewarded both monetary-wise and by way of promotions. Such encouragement would motivate them to carry out their duties: specially the detection and investigation of crime in an impartial manner. An impartial police force (free from political influence) is the sign of glowing health of a vibrant democratic society. Action should be taken to motivate police officers not to violate fundamental human rights. In this way, a better form of public relations system could be established.

The legal provision which delays justice both in primary courts and the above, need attention. The delays should be remedied and quick procedures need to be adopted. The delay in meting out justice has made the masses lose faith in law-enforcement institutions. These delays may be due to lethargy, expectations of some gratification, a lack of material (typewriters etc.) photocopying machines and staff (typists etc.). All these could be remedied and the said procedures expedited.

The police is heavily politicized today. This was the case in the past, and still has not been completely eradicated from political influence. Political influence on police stations should be completely done away with. The Police Commission should now be established. The people have no confidence in going to a police station to utter their grievances, and this should be immediately remedied. Much will depend on the personality of the individual selected to be the Chairman of the Police Commission. He should be a person who understands the police and public alike. He should be able to activate the entire police department and come out with better police-public relations.

In a recent research that we conducted on a selected village, we found more than 60 per cent of the people having no confidence in the police. A short-term strategy to create this confidence is necessary. Even when a crime, such as for instance a robbery takes place, people consider it 'useless' to go to the police. According to the people, the police are very lethargic, and would often ask the complainant himself to "catch the thief and bring him to us".

In order to create a better response, all political party influence on the police should cease. In addition, the police should not be requested to provide security every time a V.I.P. moves among the public. If a public function is held with the participation of politicians in a certain area, one finds the entire police station of the area being deployed with the policemen providing security for the V.I.P. The practice of getting down the police personnel for security purposes for V.I.P.s make it very difficult for the policeman engaged in normal crime prevention or crime investigation to carry on with his duties.

Today in spite of several pardons given, there are a large number of army deserters. Since they are unable to report back to work, they find themselves engaged in all sorts of criminal activities. A strategy has to be found to compel them to get back to work. May be with the temporary cessation of hostilities, they would come back if the situation in society is made 'uncomfortable' for them. But unfortunately, most of those among the deserters are employed by some powerful politicians and socially influential people. The government should therefore find a means to break this connection.

Once short-term strategies create confidence in the people about law-enforcement, and in justice, people would come to provide evidence without fear or harm. Even here the law would need an alteration in the case of trials involving rape, child sexual abuse, abduction etc. The evidence in these cases need to be lead differently from those of other cases. The people too have to be motivated to came froward to give evidence. Legal procedures in courts also have to be carefully adjusted to suit the social conditions. Examples from other countries in this context would serve useful.

Long-term strategies however are different. Also the economic and social situation need improvement simultaneously. Lack of employment for instance have to be remedied. Poverty should be drastically reduced. Social education must be made meaningful. This is evident when one looks at prison inmates, the majority of whom are uneducated. A system of education with emphasis on social values would be necessary. The role of religion here is very important.

In the modern day, the family as a socialization agency is weak. But in days gone by it was the family, school and religion that contributed towards the socialization of children. Today the electronic media has stepped in. According to a limited research carried out by us, the electronic media and the mass media have exerted a tremendous influence on crime in this country. Children are exposed to violence and anti-social behaviour through films and television. Pornography too has contributed towards the downfall of the socialization process of the children. School education too should de-emphasise violence. Education through schools and other means would bring about not only knowledge and new thinking, but social values as well which need a place in education. The family too should too should be resurrected and prompted to regain its age-old functions of socialization which it has willingly relinquished in favour of the electronic media.

In the long-term, the king or ruler should be free from corruption and discipline should be maintained. The ruler or king should also be learned and impartial with experience, and be able to understand the problems presented to them. The rulers of kings should also have capable and wise advisors, and not fools and opportunists who try to cheat them and earn wealth or status.

Long-term strategies however need careful implementation. The present government could think of such long-term strategies. The present government does have the psychology and the social background needed for pulling into action such long-term reformations. The people would then feel the impact of the law and respect for justice. The creation of such a confidence takes time, and if steps are wisely laid now, perhaps within the lifetime of this government the necessary results could be obtained.

The author has written books on Criminology and Criminal Justice published here and abroad. He is a Lecturer on Criminology and Criminal Justice at the University of Sri Jayawardenepura, Nugegoda.

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