How to deter criminal behaviours

J-Rasta

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As we know the criminal behaviours and criminality are outrageously increasing in the Somali peninsula.
Many perpetrators regardless of age , are getting away with murders, rapes and certain abuses that are deemed to be despicable. Unfortunately whenever addressed there also similar unaddressed issues resurfacing, due to having enablers among our community , and you'd wonder why haboring such vindictive criminals at their expense are so frequent.
The very ones you'd least expect from , the clan elders for example ,
if a crime were to happen and the criminal was apprehended , then the following would take place, a subsequent meeting between the perpetrator's clan elders and the victim's family , they will discuss various matters on how to resolve this issue in the span of time , usually it takes no longer than three months to negotiate back and forth.
It comes into three installments, it depends on what crimes were committed and what were the motives behind , the judiciaries will then decide wether the crimes can be charged against the perpetrators hence delays can take days , weeks or even months.
If it was a rape case , these horrific crimes have long been taking place but people are now more aware of the need to publicise the incidents in order to bring about change despite this ongoing problematic issue, the judiciaries are the ones responsible for carrying out these decisive measures that determines the fate of both the perpetrators and the victims outcomes.
They can slap charges and carry out the sentences according to the national law and Shariah law but our entire justice system are a fucking joke . It is flawed thus you'd never know the true intentions of the judges they play a key role and are synonymously known to misuses their position of power and this selfish move affects many lives ,
For example they could be in the pockets and in favour with the perpetrator's clan elders , through various pressures and often it comes with bribery , the strife of corruption is surprisingly not a stranger to higher officials.

The outcome can be carrying out lenient sentences or the inevitable happens,

The meetings between the perpetrator's and victim's family , had singlehandedly destroyed any factual evidence against the perpetrators because they have gained the upper hand, they have leverages and leads to exploiting the matter into their own hands, it leads to intimidation and even worse , you get a clear image of these old uneducated clan elders interfering in severe rape cases, it's even worse if the victim hailed from a weak clan because it leads to coercion of the victim , that daughter would be forced marry to her rapist to avoid being shamed. Hence the case gets closed.
In most countries with productive judicial laws , the meetings taking place between perpetrators and victim's are strictly prohibited which is a national offense , as this can seriously tamper and cause perversion of justice, unfortunately we Somalis tend to be lawless people and take the matter into our own hands .

There are also deliberate dismissal of the cases related to gang raped , which the victim were blamed.
Clan elders are enablers and they are the root of all problems.
Gang rape is becoming a trend throughout Somaliweyn , it has risen quite suddenly although the so called law bill dictates that if caught in the act it is punishable through a penal code that recognises sexual offences as capital punishment, on the other hand the willingness , the commitment and fulfillment of carrying these sentences however are not fully enacted which is why many have gotten away and continue to prey on victims.

Therefore we must emphasis on this matter and change the contradictory Somali penal codes to completely deter rape , murder and criminality. But I think we have bigger problems to encounter , I believe and many would agree it's best if we would were to reform the current Constitution which was created in 2012 by a congregation of clan elders.
We must erase this , the problems will never go away.

The same can be applied for murder.
Wether the perpetrator's family are able to afford mag/diya "blood money" to the victim's/ bereaved family.
Or are summoned by the judiciary to conclude on the case which often is in favour for the perpetrator's clan elders.
Death sentence are carried but let's also talk about how it is conducted.

The formal execution of criminals has been used in nearly all societies since the beginning of recorded history. Before the beginning of humane capital punishment used in today’s society, penalties included boiling to death, flaying, slow slicing, crucifixion, impalement, crushing, disembowelment, stoning, burning, decapitation, dismemberment and scaphism. In earlier times, the death penalty was used for a variety of reasons that today would seem barbaric. Some cultures used it as punishment for magic, sorcery, blasphemy, a variety of sexual crimes including sodomy and murder. Today, execution in Somalia are used primarily for murder, terrorism and various crimes . In China, human trafficking and serious cases of corruption are punishable by death, and several militaries around the world impose the death penalty for desertion, mutiny and even insubordination. In middle-eastern countries, rape, adultery, incest and sodomy carry the death penalty as does apostasy (the act of renouncing the state religion). While most industrialized countries utilize lethal injection or the electric chair for capital punishment, many others still use hanging, beheading or stoning. In some states in the US, death by firing squad is also still used.
Yet Somalia's capital punishment is a firing range conducted by five or six gunmen, you get tied on a wooden pole from head to toe , blindfolded where alleged, accused or guilty of these charges you face these squads.
The extraditionary killings haven't had any effect nor deterred or accomplished anything it had worsen.
But when we look at nations how they dealt with criminality.
Hanging was one of the modes of execution under ancient Roman law, and it was subsequently derived by the Anglo-Saxons from their Germanic ancestors. It had become the prescribed mode of punishment for homicide , and in time it came to superseded all other forms of capital punishment for felony convictions and it is effective for example Iran has lower crime rates , murder, rape , theft because of this method.
perhaps we should change the penal code.

But we need to ask ourselves first why we are failing as a society, we need to read the minds of criminals using psychology , before taking the alternative steps into consideration so what is wrong with our justice system does it need to be reshuffled , can we even convict clan elders and hold them accountable , are the dysfunction of our government the root of all problems and do we need a Somali Spring ?
Should hanging replace a firing squad instead .
 
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