NCJ Number
47326
Journal
INTERNATIONAL JOURNAL OF CRIMINOLOGY AND PENOLOGY Volume: 6 Issue: 1 Dated: (FEBRUARY 1978) Pages: 43-60
Date Published
1978
Length
18 pages
Annotation
THE EVENTS LEADING UP TO THE ENACTMENT OF THE GUN COURT ACT IN JAMAICA, AND ITS IMPACT ON THE INCIDENCE OF GUN CRIMES, ARE DISCUSSED AND ANALYZED.
Abstract
IN THE PERIOD BETWEEN 1964 AND 1974, THE REPORTED INCIDENCE OF SHOOTINGS WITH INTENT TO KILL AND MURDER ROSE 1900 PERCENT. FURTHER, APPROXIMATELY 70 PERCENT OF THE MURDERS OCCURRED IN THE CORPORATE AREAS OF JAMAICA WHERE 30 PERCENT OF THE POPULATION RESIDES. RADICAL INCREASES IN VIOLENT CRIMES BROUGHT INCREASED PUBLIC DEMANDS FOR GOVERNMENT ACTION. THE WANTON MURDER OF THREE PROMINENT CITIZENS IN MARCH 1974 RESULTED IN THE DECLARATION OF THE GUN COURT ACT BY PRIME MINISTER MANLEY. UNDER THE ACT, PERSONS ARRESTED ON GUN CHARGES WERE TO BE BROUGHT TO TRIAL SPEEDILY AND IF FOUND GUILTY, SUCH PERSONS WOULD BE DETAINED INDEFINITELY AT THE GOVERNOR'S PLEASURE UNTIL A DULY CONSTITUTED REVIEW BOARD RECOMMENDED RELEASE TO GOVERNOR GENERAL. IN ADDITION, STRINGENT CURFEWS WERE IMPOSED IN SECTIONS OF KINGSTON, INDIVIDUALS WERE URGED TO TURN FIREARMS OVER TO THE AUTHORITIES, AND NEWSPAPERS PROVIDED STRONG SUPPORT FOR ALL THESE POLICIES. BY APRIL, THE RIFLE ASSOCIATION AND THE LEGAL PROFESSION BEGAN ATTACKING THE FAIRNESS OF THE ACT AND ITS CONSTITUTIONALITY WAS CHALLENGED. HOWEVER, DESPITE THE CONTROVERSIES, 86 PERCENT OF THE POPULATION WAS IN FAVOR OF THE ACT AND A MAJORITY FELT THAT THE ACT WAS EFFECTIVE IN REDUCING GUN CRIMES. IN DECEMBER OF 1974, THE ACT WAS DECLARED UNCONSTITUTIONAL BY AN APPEAL COURT AND THE MATTER WAS REFERRED TO THE PRIVY COUNCIL OF ENGLAND. SHORTLY FOLLOWING THE GUN ATTACK ON THE PRIME MINISTER, HIS FAMILY, AND OTHER GOVERNMENT OFFICIALS, THE GUN COURT ACT WAS DECLARED CONSTITUTIONAL BY THE PRIVY COUNCIL IN LATE JULY 1975. A COMPARISON OF THE AVAILABLE STATISTICS FOR THE YEAR BEFORE AND AFTER THE INITIATION OF THE GUN COURT ACT INDICATES: (1) THERE WAS A 78 PERCENT DECLINE IN MURDERS DURING THE FIRST 6 MONTHS AND A 22 PERCENT DECLINE DURING THE SECOND 6 MONTHS FOLLOWING INITIATION OF THE ACT; (2) THERE WAS A 52 PERCENT DECLINE DURING THE FIRST HALF OF THE YEAR AND A 20 PERCENT DECLINE IN THE SECOND HALF OF THE YEAR OF SHOOTINGS WITH INTENT; AND (3) THERE WAS AN 18 PERCENT DECREASE IN THE FIRST 6 MONTHS AND A 35 PERCENT DECREASE IN THE SECOND 6 MONTHS IN ARMED ROBBERIES. IN GENERAL, THE ACT WAS MUCH MORE EFFECTIVE IN URBAN THAN IN RURAL AREAS. CONTROVERSY OVER THE ACT DOES NOT APPEAR TO HAVE HAMPERED ITS EFFECTIVENESS, AND FURTHER ANALYSIS INDICATES THAT THE DECREASES IN GUN CRIMES WERE NOT A STATISTICAL ARTIFACT OF CRIME RATES OR LARGELY ATTRIBUTABLE TO INCREASED POLICE ACTION ACCOMPANYING THE ACT. MORE RECENT DEVELOPMENTS IN GUN CONTROL AND CRIME DETERRENCE MEASURES IN JAMAICA DURING 1976 ARE BRIEFLY DISCUSSED. NOTES AND REFERENCES ARE INCLUDED. (JAP)