If you’ve watched at least one criminal action movie starring hitmen or assassins – whatever they call it – why are killer agents like John Wick, Jason Bourne or James Bond so alluring in popular media, despite their savage vices?
The answer is simple: they take justice into their own hands where the law is ineffective or inadequate to inflict the retribution that society and the family to which the victim belongs.
“Recent changes to the Penal Code have introduced tougher penalties against those who abuse domestic workers, children and people with disabilities, and identified new groups of vulnerable persons.” – Straits Times, 21 May
In this article, I will explore the value of restitution in punishing the offender through the lens of the victim. Amendments in the legislation have affirmed the above value, but will tougher laws truly make a difference to those at risk?
Take a look at the foreign domestic workers in our midst. The number of maid abuse cases charged in court has gone up in the last 3 years, despite a legal provision in place since 1998 that provides for enhanced sentencing against employers who mistreat their domestic helpers. Under the new laws, offenders can be given twice the maximun penalties, up from 1.5 times, for all penal code crimes against maids. Of course, the move is necessary and recognises the vulnerability of domestic workers, as the abuse also includes deprivation of food and rest.
However, the law alone is not enough to prevent maid abuse, pointed out by Mr John Gee, who chairs the research committee at Transient Workers Count Too. He said what is really needed to reform the system that ties domestic workers to their employers because it causes them to be isolated from the outside world and potential sources of help and advice. I question the efficacy of draconian laws existing idly at the downstream of the historically under-reporting of abuse at the upstream.
The same line of reasoning applies for people with disabilities. They are reluctant to report cases of abuse by their caregivers as they fear the repercussions said Ms Teo Pek Wan, from SPD , charity that supports the disabled.
What about the dilemma for kids when their abuser is kin?
The number of children who were abused by a family member spiked by 30 per cent last year with sharp increases in physical and sexual abuse cases. Those in intimate or close relationships with their abusers can soon find some relief under new laws granting them added protections. The abusers can be given twice the maximum punishment for crimes such as, but not limited to, rape, wrongful confinement and causing physical hurt. Before this, there was limited recourse for victims not related or legally bound to their abusers, said social service groups, noting the pressing need to recognise the two groups. This is important as societal norms have changed, with couples getting married later and people co-inhabiting. Groups of people who do not fall in the common family construct of living arrangements include the divorced and homosexuals. There are no official figures for violence in close relationships, but social service agencies have seen cases involving rental flat roommates or children abused by a parent’s live-in partner. These changes encourages society’s increasing abhorrence of such acts of abuse in intimate relationships.
On the other hand, I also consider the consequences of overinflating an offender’s guilt. A person found guilty is branded a convict, and typically deprived of his/her liberty. Those are the direct consequences but there are collateral ones too. A father put in jail won’t be at home to support his family. He’ll lose any job he had and it’ll be all the more difficult to get one when he returns to society. People will brand him a convict and his reputation will forever be affected. In short, there is a lot at stake. Doesn’t it make sense to put heavy proof requirements on the government before subjecting an accused to such punishments?
Remember that saying “pick on someone your own size”? That too matters in the criminal system. Imagine a system where you’re allowed to defend yourself but only nominally. You’re given far too little money to actually mount a successful defense. Is this any better than being denied a defense entirely? It’s akin to an adult beating up a five year old. It’s a patently unfair fight. How could you expect the five year old to win? You can’t. So what’s the significance of the fight in the first place?
My point to all of this is that a defense attorney has not only a proper but also an important role in the justice system. If you take away the defense attorney, you make the process of convicting someone hollow. I, for one, would like to know that when a person goes to jail it’s not because of a flawed system but because he actually committed the crime.
My representation of a guilty defendant does not constitute an endorsement of his behavior or a desire to keep criminals on the street. Most are fallible humans who make mistakes. Often times, these mistakes are the result of poverty, addiction, and mental health issues. It is a defendant’s attorney who is in the best position to assist in getting the needed help. The holistic approach to dealing with a criminal is one I believe strongly in. If we as society can help address the problems our offenders have at the individual level, we can reduce crime on an overall level.
Today, we live in a system that claims punishment is about rehabilitation and deterrence when it’s actually about retribution and retaliation. I propose that we would have a solid inner core of legislation, but with the gentle external demeanour of forgiveness towards those who have gone astray from society.