PETALING JAYA: Focus on rehabilitating offenders, especially those who deserve a second chance, instead of putting them in prison.
Experts say that apart from addressing the problem of overcrowded prisons, this could also be a better way to reintegrate first-time or minor offenders into society.
They were commenting on concerns raised by various parties on imprisonment of those caught driving under the influence of alcohol.
Although the government has now rescinded its proposal to jail such offenders, the fact remains that the issue of how offenders are penalised needs to be addressed properly.
Under the Road Transport (Amendment) Bill 2020 that was tabled for first reading at the Dewan Rakyat yesterday, it was stated that only drink-drivers who cause accidents that result in death would be jailed.
Another issue that has yet to be adequately addressed is the problem of overcrowding in prisons. Last year, former minister in the Prime Minister’s Department Liew Vui Keong said prisons in Malaysia could accommodate about 45,000 inmates, but there are some 66,000 prisoners currently, with drug offenders accounting for more than 56% of inmates.
Criminologist Dr Geshina Ayu Mat Saat said instead of incarceration, rehabilitating offenders have proven to be effective in reducing the probability of them returning to a life of crime.
“Incarceration in overpopulated jails may not be the answer for certain types of crime and criminals, such as petty or non-violent crimes and for first-time offenders,” she told theSun yesterday.
“The purpose of punishment should be taken into consideration. Restorative justice seeks to rehabilitate offenders through reconciliation with victims and the community,” she explained.
“Many studies have attested to its effectiveness in reducing recidivism and suggest that it should be used together with traditional ways of justice.”
In response to questions from theSun about overcrowded prisons, the Prisons Department said that it could take in more prisoners and is prepared to fulfil its duty in line with the sentences meted out by the courts.
Geshina said public opinion also has to change.
“Although our laws provide for fines for most violations, studies show that the Malaysian public is more in favour of incarceration over other forms of punishment.”
“People just want criminals locked away for longer periods,” she added.
She said this is possibly a case of “out of sight, out of mind”.
“Not having to worry about the victims or potential victims (being accosted again) brings a sense of relief.”
However, Geshina pointed out that this is a fallacy.
“One offender may be in jail but there are other criminals who are still at large,” she said.
On the issue of imprisoning drink-drivers, she said studies on its effectiveness conducted in Australia, parts of Europe and the United States have yielded mixed results.
Centre for a Better Tomorrow co-president Lim Chee Wee said community service should be considered for offences where no one was injured or property damaged.
“Community service serves as both punishment and reform of character while prison only serves as punishment,” he said.
Lim also called for more educational measures to be put in place to deal with drink-driving, as even “drug addiction is seen as a health problem and not a criminal problem”.
In other parts of the world, namely in Thailand and California, drink-driving offenders can be sentenced to community service in mortuaries to expose them to the potential consequences of their actions.
from Local News https://ift.tt/3hGLn0H
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