DIV4/6: CRIMES AND PUNISHMENTS

CRIMES AND PUNISHMENTS

CRIMES

These are offences/ omissions or any act a person does which is against the set rules and regulations governing a given society.

In other words a crime is an illegal practice (unlawful which people commit and are punishable or it is a morally wrong behavior.

ACCOUNT FOR THE RAMPANT INCREASE IN CRIME RATE IN UGANDA TODAY?

The increasing causes of crimes in society today are the following;

• Lack of parental care. Where some parents have failed to provide the basic needs to their children like food and education, the young ones have involved in crimes like stealing, prostitution, fornication and others
• Drug abuse like alcohol, vayagra, cocaine have changed the body chemistry of some people hence ending up committing crimes like murder, rape, defilement, robbery, fighting and others
• The escalating levels of poverty in the country have also increased crime rate. People commit crimes like stealing, corruption, bribery, prostitution due to the need o earn a living.
• The high levels of permissiveness in society have increased cases of crimes in society. The freedom the youth enjoy today has rendered them into behaving immorally or against the law through acts lie acting pornography films, and nude dances (kimansulo).
• The high levels of employment in Uganda has led to increase in crimes in form of pick pocketing, prostitution, murder, fornication, adultery, homosexuality and others
• The poor examples shown by the religious and political leaders. Some of these people have been reported involving in committing crimes like adultery, corruption, defilement, adultery hence giving other people opportunity to do the same.
• Corruption in courts of law. This has led to increased mob justice.
• Ignorance about the law by many people in Uganda. This has led to increased mob justice because some people are not aware that they are committing crimes.
• Social and economic imbalances in the country between individuals and regions. This has paved way for crimes like stealing, witchcraft, envy and others
• Political activities like ridging of elections has also led to increased crimes like organizing rebel activities, murder, kidnapping and others

• Peer group influence can influence one to engage into crime.
• Environmental factor . For example living in slums, near bars and near discotheques.
• The desire to become rich quick. This has ended into committing crimes like murder, cheating, corruption.
• The weak enforcement of law and order by the state . That is to say, the few number of police force has enabled cases like prostitution to continue.
• Economic hardships together with late payment to civil servants and other workers. This has led to committing crimes like corruption, bribery, as a way of seeking for survival.
• Rural urban migration leading to creation of urban unemployment resulting into drug abuse.
• Domestic violence and sexual dissatisfaction. This leads to adultery and fights.
• Cultural practices and beliefs that a woman is inferior to the man has paved way for crimes like domestic violence, rape in the home.
• Existence of incurable diseases like HIV/AIDs has forced some people to spread it to innocent people.
• Watching pornography and reading romantic novels has led to committing crimes like rape, defilement.
• High sexual lust has led to committing crimes like rape and defilement.
• Oppression or political opponents causes strikes and wars.

WHAT ROLE HAS THE CHURCH PLAYED IN THE FIGHT AGAINST CRIMES?

The church has played the following roles to fight against crimes;

• The church has taught morals to the young ones and emphasized morality in the society through its daily preaching.
• The church has preached forgiveness and reconciliation among community members especially politicians like Besigye and Museveni to discourage revenge or going to the bush for war.
• The church has shown good example to the followers not to involve in committing crimes but have a forgiving heart like Christ was. For example the Roman Catholic pope forgave a man who shot at him.
• The church has condemned drug abuse which lead people into committing crimes . For example alcohol, cuber.
• The church leaders have tried to provide projects to the poor so that they can reduce on committing crimes and be occupied with work. For example the send a cow project of the catholic at Kitovu Massaka.
• The churches like the Catholic Church have set up banks like the centenary rural development bank which offer jobs to some people like askaris, cleaners who would be committing crimes like robbery.
• It has encouraged teaching Christians ethics in schools more so in their church founded schools like St. Henry’s Kitovu, Rubaga Girls SS, Rubaga Boys SS, St,. Joseph Nsambya SS, St.Mary’s Kisubi SS.
• Church leaders like Archibishop Cyprian Lwanga of Rubaga cathedral and Pastor Sempa of Makerere Pentecostal church have tried to fight against crimes in society through preaching against sectarian tendencies like tribalism which causes crimes like corruption.
• The church sometimes organizes seminars for the youth and other members who wish in places like Nsambya sharing hall proper morals are then impacted in youth as a way of controlling crimes.
• Sometimes the church leaders organize activities which occupy the minds of the youth and are unable to commit crimes due to idleness some of these activities include football and volleyball competitions.
• Sometimes the church leaders organize door to door preaching of the gospel. This has left many youths converted to Christianity and hence reducing on cases of crimes in schools like fornication.
• The church leaders have encouraged good relationship between parents and their children. This helps to guard against crimes like child torture.
• The church encourages respect to civil authority by its followers because Jesus Christ respected single authority (Mark 11:12)

APART FROM CHURCH, WHAT OTHER WAYS CAN BE USED TO CUB/ CONTROL CRIMES IN THE SOCIETY?

• The government should set up the inspector general of government office so as to observe the rights of citizens and penalize those involved in violating people’s rights and freedom.
• By allowing freedom of press print and electronic media.
• Constant revision of workers’ wages and salaries in accordance to the standards of living in the country.
• The government should speed up the rate at which criminals are tried in courts of law.
• The government should seriously punish corrupt officials like the judges for example being dismissed and paying fines.
• There is need to construct homes for the poor, orphans and wanderers and even de fed with food and clothing.
• Government policies and programmes should create employment opportunities to fight unemployment which leads to safety.
• The government should equip the law enforcement bodies like police and army with adequate machinery like cars, guns and others
• There should be serious censorship of mass media to control pornographic influences which lead to crimes like rape, defilement, homosexuality, adultery.
• Plays and songs should be composed and written to show people the danger of moral degeneration and corruption.
• The government through fiscal and monitory services on the gap between the rich and the poor through providing them with free education and medical services.
• Free guidance and counseling should be provided to the society by the government, NGOs or the church.
• The government should work hard to promote peace, security and stability in the country.
• Remand home should be established to handle some criminals who are notorious.
• The government should support games and sports at different levels of the society. These would help the young people to learn discipline and promotion of national unity.
• Community policing and sensitization of the masses about their rights should be emphasized.
• The government should show the will of fighting corruption. Through punishing government officials convicted in corruption by demoting them, making them pay.
• The government should try to reduce the number of fire arms in the hands of private people who misuse them and commit crimes like robbery and murder.
• The parliament should also revise some laws such that the punishment for committing certain crimes should be in lie with the crime committed and should be heavy enough to prevent people from committing the same crime like adultery, defilement, fornication and others

PUNISHMENTS

Punishment is defined as deliberate denial of some human right by lawful authority because of failure to obey the law or respect the rights of others.

TYPES OF PUNISHMENTS

1. Capital punishment. This is putting to death of the criminal after judgment by a competent court.
2. This is a punishment given to a person after the courts of law have judged him or her to be in prison for a specified period of time depending on the gravity of the crime committed.  However one may be sentenced to life imprisonment while others for a few years, months, weeks and days or hours.
3. Payment of fine. This is a form of punishment where the court might order the accused to pay a given fine depending on the damage caused.
4. A warning from the magistrate or any lawful authority. This serves as a psychological punishment and is normally given to crimes of law intensity to society . For example abusing an elder.
5. Corporal punishments. This is the kind of punishment employed by institution such as police, schools and the army.  It involves exerting pain to the criminal through caining.
6. Probation punishment. Here a person is required to report to police or the courts of law after a specified period of time like twice a month.  It is commonly given to people who are on bail as investigations still go on.
7. House arrest. This is form of punishment in most cases given to political prisoners to deny them interaction with the masses which can cause uprisings and damage of property.

THE AIMS OF PUNISHING WRONG DOERS

Criminals are punished in society for the following reasons;

• To discourage them and others from repeating the offense committed.
• To warn others who may wish to commit the same offense.
• Punishments are given for the purpose of causing reform.
• Punishments are given to promote public security . For example imprisoning a robber or expelling a student who is a homosexual.
• To promote loyalty to authority.
• Punishments help to maintain law and order in society . For example in schools when wrong students are cained discipline will improve.
• Punishments are important in areas like schools to improve hard work and good results.
• Punishments are important in discouraging immorality in society. For example sexual immorality like rape, adultery, fornication, prostitution and defilement.
• They encourage respect for religious, cultural norms and values . For example punishing a person undermined the bible teaching.
• Punishments such as paying fines lead to acquisition of material wealth to the offered individuals hence improving the standards of living.
• Punishments are important in protecting the weak from being taken advantage of by the rich and powerful members of the society. This is in line with the biblical teaching as the lord is always unhappy with those who oppress the poor.  (Prov 22:22-23)
• Punishments promote proper upbringing of children for the benefits of the society. This gives pride to parents as indicated in Proverbs 29:17, 22:15, 13:34.

WHAT FACTORS SHOULD BE CONSIDERED WHEN DETERMINING THE PUNISHMENT TO BE GIVEN TO THE CRIMINAL

The power to determine one’s punishment is always in the hands of the judge and what the law states.

However the following factors are important in determining the nature of punishment to be given to the criminal;

• The number of times the criminal has committed the crime.
• The circumstances under which the person committed the crime, determines the punishment to be awarded. For instance being under influence of alcohol or for self defense.
• The purpose of punishment should be considered . That is to say, it should be reformative not destructive.
• The sex of the person also be considered. Generally women are a weaker sex and so should be given lighter punishments.
• The impact of the crime to the society should be put in consideration. For example someone who has committed murder should be given heavy punishments like life imprisonment compared to the one who has committed adultery.
• The responsibility of the person in question for example a baby feeding mother should be given less punishment compared to the one who is free.
• The age of the criminal should also determine the heaviness of the punishment.
• The power of the law should be taken into consideration . That is to say, one should not be punished beyond the stated punishment by the law.
• The willingness of the criminal to reveal others involved in the crime committed.
• The health status of the suspect should also be considered.
• The method used in committing crimes should be based on determining the nature of punishment should be given to a criminal . For example a person who used a gun to commit a crime should be given heavy punishment of imprisonment for many years than one used false defense to commit a similar crime.
• The political climate when the crime was committed should also be considered for example during political campaigns.
• The future life of the criminal should also be considered for example if one is too old life of imprisonment should be minimum.
• The punishment should be as a sign of warning to others not to commit the same offence and to cause repentance.
• It should also focus on the fundamental human rights and freedom of the criminal such as the right to life and freedom of association.

WHAT ARGUMENTS ARE GIVEN BY THE PEOPLE AGAINST CAPITAL PUNISHMENTS?

Capital punishment means putting to death of the criminal by the public authority as a consequence of the verdict and a sentence passed by a competent court of law.

It is a form of punishment which involves sentencing someone to death through the law.

Many human rights activities and mainly Christians are against capital punishments because of the following disadvantages associated with it;

• Capital punishment is against the fundamental human rights of Ugandans basing on article 21 of the 1991 Ugandan constitution.
• Many Ugandans are against capital punishments because it is irreversible and final which sometimes leads to death of innocent people.
• The punishment does not give the criminal an opportunity to reform yet the major purpose of the punishment should be reforming the criminals.
• Christians are against capital punishments because it looks like legalized murder which is a sin in the sight of God who only has the power over our life. (Exodus 20:13)
• Human rights activities are against capital punishment because it it a degrading and dehumanizing form of punishments where a person is killed like an animal in the abatour.
• In most cases by the time a death sentence is passed and implemented the criminal would have served enough torture and painful experiences in prison thus capital punishment in most cases is double punishment which is ungodly.
• Christianity dorishes pardoning forgiveness which is centrally to capital punishments.
• Some people believe that two wrongs cannot make one right thing, so killing some does not restore the life of the first one, so rehabilitating the criminal is better.
• Capital punishment is discouraged by many Christians and human rights activities because it does not detect crimes from continuing in the society.
• Christians are called upon to love each other including their enemies but capital punishment is against the great command of love in Mathew 22:36-40.
• Many people do not like capital punishment for it promotes a spirit of revenge by the relatives of the victims. For example when Sadam Hussein former Iraq president was murdered by Americans on the night of 30^th Dec 2006, it sparked off more violence and death.
• Christians argue that since Jesus Christ was condemned as a criminal, he took away the sin of capital punishment.
• Jesus abolished capital punishment for adultery (John 8:11)
• Paul in his letter to the Corinthians (1 Cor 5:1-2) recommended ex-communication not execution of the gross sexual immorality among the Christians and this would give a sinner time to reform.
• When King David committed adultery and murder he repented and he was forgiven by God, so we need to give a chance to criminals to repent her than putting them to death.
• Christians do not support capital punishments because hey might spark off civil wars and creating hatred between the government and the relatives of the killed person.
• Capital punishment causes psychological torture and suffering to the relatives and friends of the victims.
• It makes the criminal feel pain only at the time of death thus it would be better to subject the criminal to life time imprisonment that would encourage him to repent.
• However capital punishment may be useful because of the following factors;
• Some people argue that murderers should be deprived of their right over life since they deprive others their right to life.
• It helps to install fear among citizens and therefore maintains respect to the state authority thus reducing the crime rate in the country.
• It acts as a warning to the would be offenders of a similar crime which threatens them from committing the crimes.
• The supporters of capital punishments also argue that according to Moses’ law, murder or other crime could earn the criminal a death penalty (Lev 20:10-21, Deut 21:22, 1 Kings 18:40)
• The state has the freedom to choose the best way to handle and maintain peace in the society and capital punishment may be the best option.
• Supporters of capital punishments say it ensures that the community is concerned about the security of the citizens through putting to death those who are grave criminal like murders.
• Capital punishment is good because it warns political dictators that such can happen also to them . For example when Sadam hessein was killed it was a warning to the dictators of the world.
• Capital punishment is supported by some people for it promotes respect for the lives of the less privileged like the poor and women who are harassed by men sexually.
• In the military capital punishment is supported because it promotes discipline and respect of children’s rights.